[QUOTEl ] Obaama's record is dismal on so many fronts and now this from an administration that trumpeted transparency. for federal agencies to pretend documents do not exist when requested under FOI[/QUOTE]
A proposed rule to the Freedom of Information Act would allow federal agencies to tell people requesting certain law-enforcement or national security documents that records don’t exist – even when they do.
Under current FOIA practice, the government may withhold information and issue what’s known as a Glomar denial that says it can neither confirm nor deny the existence of records.
The new proposal – part of a lengthy rule revision [1] by the Department of Justice – would direct government agencies to “respond to the request as if the excluded records did not exist."In a recent case brought by the ACLU of Southern California, the FBI denied the existence of documents. But the court later discovered that the documents did exist. In an amended order [4], U.S. District Judge Cormac Carney wrote that the “Government cannot, under any circumstance, affirmatively mislead the Court.”
DOJ’s draft FOIA rule was first published in March [1], but DOJ re-opened comment [5] submissions in September at the request of open-government groups. The new comment period ended October 19.
The DOJ did not immediately respond to a request for comment. We will update as soon as it does..This from an administration that trumpeted transparency
jonswaine blog (NY corr. The Telegraph)O













































































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