No Comment — June 27, 2007, 7:59 am

Justice Department Continues to Lie About FOIA

Note: Updated August 2, 2007.

Earlier this year, a senior career Justice Department official, Daniel J. Metcalfe, resigned well short of normal retirementretired upon first reaching retirement and went public with an exposé about the inner workings of his department. He had, he disclosed, been ordered by a political functionary to author and publish anasked to review and edit an op-ed piece in USA Today that robustly claimed that the Justice Department was complying with Freedom of Information Act (FOIA) requests. He did as he was orderedasked, he recounts. But the fact that he had been ordered to lie toasked to participate in misleading the public infuriated him, he told National JournalLegal Times.

And now, under the attorney general known to his boss by the mafia moniker “Fredo,” the Justice Department continues to flout the law, and to issue false public statements about it. Moreover, as the recent flap with Vice President Cheney over his refusal to comply with law governing national security classifications oversight by the National Archives demonstrates, Gonzales has personally intervened repeatedly to thwart enforcement of the law and to block any investigation of the misconduct. Gonzales also took no steps to block the reissuance of security clearance to Karl Rove, even after a criminal investigation headed by a special counsel, Patrick Fitzgerald, established that Rove had outed a covert CIA agent for political reasons and then lied about it to a grand jury.

Think Progress identifies two of the falsehoods pedaled by the Justice Department in its current report, which aims to evade Congressional oversight:

Claim #1: Agencies are making “significant progress” with FOIA. The DOJ reported that more than half of the agencies successfully met their milestones, “and that 90 percent made meaningful progress.” But the report’s graphics show that only 11 of 25 agencies met all their milestones, and three agencies did not meet a single target.

Claim #2: Agencies have decreased the number of unprocessed FOIA requests. “The report cites no data to support the claim. … The number of unprocessed requests among the 25 agencies highlighted actually increased 13 percent.” In fact, several agencies, such as Housing and Urban Development, State Department, and Homeland Security, piled on FOIA backlogs at faster rate than they received requests. “Three agencies — NASA, the CIA and Treasury — reported fewer requests but their backlogs still rose.”

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

July 2015

Dressed to Kill

= Subscribers only.
Sign in here.
Subscribe here.

Wrong Prescription?

= Subscribers only.
Sign in here.
Subscribe here.

Travel Day

= Subscribers only.
Sign in here.
Subscribe here.

Fugue State

= Subscribers only.
Sign in here.
Subscribe here.

One Day Less

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
The Speakeasy·

= Subscribers only.
Sign in here.
Subscribe here.

“In order to understand how Marty’s could survive as an institution, I returned a year after my first visit to spend a week at what was sure to be the world’s bleakest comedy club.”
Photograph by Mike Slack
Post
The Lost Land·

= Subscribers only.
Sign in here.
Subscribe here.

“I had first encountered some of these volumes—A Swiftly Tilting Planet, The Giver—as a child, and during adolescence, they registered as postcards from a homeland recently abandoned.”
Photograph by the author
Article
Wrong Prescription?·

= Subscribers only.
Sign in here.
Subscribe here.

“Whatever the slogans suggested, the A.C.A. was never meant to include everyone.”
Illustration by Taylor Callery
Post
Introducing the July Issue·

= Subscribers only.
Sign in here.
Subscribe here.

Trudy Lieberman reports on the failed promise of the Affordable Care Act, Sarah A. Topol explores Ukraine’s struggle for a national identity, Dave Madden spends a week in Hollywood’s toughest comedy club, and more

Photograph by Stanley Greene/NOOR Images

Number of insect fragments allowed by the FDA in a standard jar of peanut butter:

153

It emerged that, in trying to count her rings, marine geologists had accidentally killed a 507-year-old clam named Ming.

A resident of Chalk Level Township in Missouri discovered the bodies of three dogs packed inside dog-food bags.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today