Anti-democratic regimes USA: what is covered and the cover-up are breaches of law
Excerpt, minor editing, brief comment by
Carolyn Bennett
The Center for Effective Government asserts a mission of
helping build an open, accountable government that invests in ─
The common good
Protects people and the environment
Advances national priorities
defined by an active, informed citizenry.
From the Center’s March 2013 report
“Delivering on Open
Government”
Secrecy: Failed
Congressional Oversight
“The U.S. legislative branch of government – co-equal under the
Constitution – has largely failed to provide substantive oversight for openness
efforts and to challenge secrecy claims,” the Center for Effective Government report says.
“
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… Congress has conducted little visible oversight in the
past four years on a number of key transparency issues. The effects of several
new administration policies – such as the Open Government Directive and
subsequent open government plans by agencies, executive orders on
classification and controlled unclassified information, the scientific
integrity memo, and the state secrets policy – have gone largely unexamined.
“While there has been some oversight of FOIA (Freedom of Information Act) implementation,
this has been the exception. … The lack of oversight is especially evident in areas of
national security and secrecy.
“Instead of encouraging greater transparency and
accountability, members of Congress have actually supported continued secrecy.
In 2011, for example, the Senate
Intelligence Committee proposed punishing unauthorized disclosures of
classified information by seizing any federal government pensions the
individual may possess.
Such a policy … not requested by
intelligence agencies ─ could have a tremendous chilling effect on potential
whistleblowers.
The provision was stripped out of
the 2013 Intelligence Authorization Act before it was passed in December 2012.
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“At the same time, the administration has not been fully
welcoming of congressional oversight in the rare instances when it has occurred
on open government issues.
Congressional staff report continuing
difficulty in getting executive officials to testify before committees and agencies’
slow pace in responding to congressional requests for oversight information.
The Justice Department’s testimony
in a 2012 House hearing on using technology to improve FOIA implementation did
as much to muddy the waters as it did to elucidate the issue.
The department downplayed the
accomplishment of other agencies in developing the FOIA Online portal and
claimed that because other agencies had FOIA WebPages, there were already many
such portals.
When the House Judiciary Committee
held hearings on the state secrets privilege in June 2009, the administration
declined to provide witnesses despite the committee’s request.
Rep. Jerrold Nadler (D-NY), then
chair of the House Subcommittee on the Constitution, Civil Rights, and Civil
Liberties, expressed disappointment
in the lack of administration participation saying, ‘It should be possible to
send someone to provide us with the Administration’s views and to answer our
questions to the extent that they are able.’
Presidential privilege trumps right to know
“National Security” claim
=
information blackout
“Claims of ‘national security’ should not inhibit oversight
or enable an atmosphere of impunity for executive actions …,” the Center for Effective Government said. But “ …the Obama
administration’s ‘commitment to transparency’ has been least evident in the
national security arena.”
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hough excessive executive branch secrecy around national
security concerns has for the longer term been an established problem. … and in 2004 testimony before the House Subcommittee on National Security, Emerging
Threats and International Relations, George W Bush administration officials admitted
that half of what was being classified did not merit such protection … the
Obama government, “… in a few aspects has increased questionable national
security-related secrecy.”
Costs of Secrecy
Endangers public
“Unnecessary secrecy around national security issues can often make the public
less safe. The 9/11 Commission Report found that over-classification and
excessive compartmentalization of information resulted in agencies not sharing
key information sufficiently and contributed to [the country’s] inability to
prevent the terrorist attacks.
‘Poor information sharing was the
single greatest failure of government in the lead-up to the 9/11 attacks’ [Vice
Chair of the 9/11 Commission testifying in 2005 before the Committee on
Homeland Security]
Thwarts constitutional
checks and balances “… Keeping too much information secret prevents
proper execution of oversight and accountability of agencies and officials.”
Causes unprovoked
aggression “…Questionable claims of national security prevented a closer
examination of the Bush administration’s claims about evidence on weapons of
mass destruction in Iraq, which sent thousands of U.S. troops into combat.”
Breaches Civil Liberties
“Similar assertions were used to avoid oversight from Congress or the public on
an extensive warrantless wiretapping program that monitored U.S. citizens’
communications, which many believe constitutes the largest violation of civil
liberties in decades.”
Wastes monetary resources
“It costs a lot of money to protect secret documents for decades and even more
money to review them all for potential declassification.” In fiscal year 2011, “agencies
spent an estimated $11.4 billion on security classification costs.”
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he Center for Effective Government’s report concludes in
this area of the text that excessive secrecy “weakens the ability of the
American public to democratically participate in national security policy and precludes
their witness of accountability for actions taken by the security apparatus.”
A
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nother reform organization, the Center for Progressive
Reform, notes that excessive secrecy in government undercuts the democratic process
and protects corporations from accountability.
For democratic government to thrive, the group says, government
“workings must be visible to the public.” Though this might be questionable,
the group continues, saying that this “fundamental principle has served the nation well for
more than two centuries – in times of war and peace, bounty and bust. To be
sure, some matters of national security must remain confidential, especially in
dangerous times; but during the Bush years, the clamp-down on the flow of
information and on the very notion of transparency itself went far beyond the
demands of national security.”
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| Obama Government's Assassination drones Extrajudicial killing |
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he succeeding administration, it seems, has pushed secrecy
even further: hiding its deeds from public scrutiny, operating outside law, against democratic
process and against the public good.
Who will hold government accountable for the continuing breach of its oath and failure to uphold the Constitution of the United States?
Sources and notes
“DELIVERING ON OPEN GOVERNMENT: The Obama Administration’s
Unfinished Legacy, March 2013 (report by Center for Effective Government formerly
OMB Watch), http://www.foreffectivegov.org/files/info/obama-first-term-transparency-report.pdf
Ref: “Too Many Secrets: Overclassification as a Barrier to
Critical Information Sharing,” Hearing before the Subcommittee on National
Security, Emerging Threats and International Relations of the House Committee
on Government Reform, Aug. 24, 2004.
http://www.fas.org/sgp/congress/2004/082404transcript.html.
Report authors: Sean Moulton, Director of Open Government
Policy; Gavin Baker, Open Government Policy Analyst
Brief bio of Sean Moulton: Employment history: OMB Watch Senior
Policy Analyst; Director, Federal Information Policy Board Membership/Affiliation
Education: University of Maryland undergraduate and graduate
degrees in economics, English, and public policy
Brief bio of Gavin Baker: OMB Watch Federal Information
Policy Analyst researching government transparency and public access to
information, including e-government, the Freedom of Information Act (FOIA),
information quality issues, and scientific integrity in public policy.
Education: University of Florida and Florida State
University undergraduate and graduate studies in political science and information
studies
Center for Effective Government Report contributors: Katherine
McFate, President and CEO; Anastasia Postnikova, Open Government Policy Intern
Acknowledgements: “The Center for Effective Government’s
work on open government issues is made possible by the generous support of the
Bauman Foundation, C.S. Fund, Ford Foundation, Open Society Foundations,
Rockefeller Brothers Fund, Scherman Foundation, Stewart R. Mott Foundation, and
the individuals and other organizations who contribute to our work.”
The Center for Effective Government
“To ensure government is effective and responsive to the
priorities of the American people, the Center for Effective Government “conducts
policy research and develops policy proposals; creates tools to encourage
citizen participation and government accountability; and builds broad-based
coalitions to advance these values,” says the organization’s website
information.
“To ensure the American people understand the vital role of
government, Center for Effective Government produces and disseminates
educational tools and communications materials.
“Individuals and organizations wishing to quote, post,
reprint, or otherwise redistribute this report, in whole or in part, are
permitted to do so provide they attribute the Center for Effective Government
as the original publisher.”
http://www.foreffectivegov.org/obama-first-term-transparency-report
Center for Progressive Reform
The Center for Progressive Reform “is a nonprofit research
and educational organization with a network of Member Scholars working to
protect health, safety, and the environment through analysis and commentary,” http://www.progressivereform.org/secrecy.cfm
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