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US Sets New Record for Denying, Censoring Government Files

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In this March 9, 2015, file photo, President Barack Obama listens during his meeting with European Council President Donald Tusk in the Oval Office of the White House in Washington. For the second consecutive year, the Obama administration more often than ever censored government files or outright denied access to them under the U.S. Freedom of Information Act, according to a new analysis of federal data by The Associated Press. (AP Photo/Susan Walsh)

In this March 9, 2015, file photo, President Barack Obama listens during his meeting with European Council President Donald Tusk in the Oval Office of the White House in Washington. For the second consecutive year, the Obama administration more often than ever censored government files or outright denied access to them under the U.S. Freedom of Information Act, according to a new analysis of federal data by The Associated Press. (AP Photo/Susan Walsh)

TED BRIDIS, Associated Press

WASHINGTON (AP) — The Obama administration set a new record again for more often than ever censoring government files or outright denying access to them last year under the U.S. Freedom of Information Act, according to a new analysis of federal data by The Associated Press.

The government took longer to turn over files when it provided any, said more regularly that it couldn’t find documents, and refused a record number of times to turn over files quickly that might be especially newsworthy.

It also acknowledged in nearly 1 in 3 cases that its initial decisions to withhold or censor records were improper under the law — but only when it was challenged.

Its backlog of unanswered requests at year’s end grew remarkably by 55 percent to more than 200,000. It also cut by 375, or about 9 percent, the number of full-time employees across government paid to look for records. That was the fewest number of employees working on the issue in five years.

The government’s new figures, published Tuesday, covered all requests to 100 federal agencies during fiscal 2014 under the Freedom of Information law, which is heralded globally as a model for transparent government. They showed that despite disappointments and failed promises by the White House to make meaningful improvements in the way it releases records, the law was more popular than ever. Citizens, journalists, businesses and others made a record 714,231 requests for information. The U.S. spent a record $434 million trying to keep up. It also spent about $28 million on lawyers’ fees to keep records secret.

The government responded to 647,142 requests, a 4 percent decrease over the previous year. It more than ever censored materials it turned over or fully denied access to them, in 250,581 cases or 39 percent of all requests. Sometimes, the government censored only a few words or an employee’s phone number, but other times it completely marked out nearly every paragraph on pages.

On 215,584 other occasions, the government said it couldn’t find records, a person refused to pay for copies or the government determined the request to be unreasonable or improper.

The White House touted its success under its own analysis. It routinely excludes from its assessment instances when it couldn’t find records, a person refused to pay for copies or the request was determined to be improper under the law, and said under this calculation it released all or parts of records in 91 percent of requests — still a record low since President Barack Obama took office using the White House’s own math.

“We actually do have a lot to brag about,” White House spokesman Josh Earnest said.

Separately, the Justice Department congratulated the Agriculture and State departments for finishing work on their oldest 10 requests, said the Pentagon responded to nearly all requests within three months and praised the Health and Human Services Department for disclosing information about the Ebola outbreak and immigrant children caught crossing U.S. borders illegally.

The government’s responsiveness under the open records law is an important measure of its transparency. Under the law, citizens and foreigners can compel the government to turn over copies of federal records for zero or little cost. Anyone who seeks information through the law is generally supposed to get it unless disclosure would hurt national security, violate personal privacy or expose business secrets or confidential decision-making in certain areas. It cited such exceptions a record 554,969 times last year.

Under the president’s instructions, the U.S. should not withhold or censor government files merely because they might be embarrassing, but federal employees last year regularly misapplied the law. In emails that AP obtained from the National Archives and Records Administration about who pays for Michelle Obama’s expensive dresses, the agency blacked-out a sentence under part of the law intended to shield personal, private information, such as Social Security numbers, phone numbers or home addresses. But it failed to censor the same passage on a subsequent page.

The sentence: “We live in constant fear of upsetting the WH (White House).”

In nearly 1 in 3 cases, when someone challenged under appeal the administration’s initial decision to censor or withhold files, the government reconsidered and acknowledged it was at least partly wrong. That was the highest reversal rate in at least five years.

The AP’s chief executive, Gary Pruitt, said the news organization filed hundreds of requests for government files. Records the AP obtained revealed police efforts to restrict airspace to keep away news helicopters during violent street protests in Ferguson, Missouri. In another case, the records showed Veterans Affairs doctors concluding that a gunman who later killed 12 people had no mental health issues despite serious problems and encounters with police during the same period. They also showed the FBI pressuring local police agencies to keep details secret about a telephone surveillance device called Stingray.

“What we discovered reaffirmed what we have seen all too frequently in recent years,” Pruitt wrote in a column published this week. “The systems created to give citizens information about their government are badly broken and getting worse all the time.”

The U.S. released its new figures during Sunshine Week, when news organizations promote open government and freedom of information.

The AP earlier this month sued the State Department under the law to force the release of email correspondence and government documents from Hillary Rodham Clinton’s tenure as secretary of state. The government had failed to turn over the files under repeated requests, including one made five years ago and others pending since the summer of 2013.

The government said the average time it took to answer each records request ranged from one day to more than 2.5 years. More than half of federal agencies took longer to answer requests last year than the previous year.

Journalists and others who need information quickly to report breaking news fared worse than ever.

Under the law, the U.S. is required to move urgent requests from journalists to the front of the line for a speedy answer if records will inform the public concerning an actual or alleged government activity. But the government now routinely denies such requests: Over six years, the number of requests granted speedy processing status fell from nearly half to fewer than 1 in 8. In January, the U.S. reminded agencies that it should carefully consider such “breaking news” requests.

The CIA, at the center of so many headlines, has denied every such request the last two years.

___

Online:

U.S. data: http://www.foia.gov/data.html

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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U.S. House Minority Leader Hakeem Jeffries Speaks on Democracy at Commonwealth Club

Based on his first speech as House minority leader, “The ABCs of Democracy” by Grand Central Publishing is an illustrated children’s book for people of all ages. Each letter contrasts what democracy is and isn’t, as in: “American Values over Autocracy”, “Benevolence over Bigotry” and “The Constitution over the Cult.”

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: House Minority Leader Hakeem Jeffries at the Commonwealth Club World Affairs Council on Dec. 2. Photo by Johnnie Burrell. Book cover: "The ABCs of Democracy" by Hakeem Jeffries.
: House Minority Leader Hakeem Jeffries at the Commonwealth Club World Affairs Council on Dec. 2. Photo by Johnnie Burrell. Book cover: "The ABCs of Democracy" by Hakeem Jeffries.

By Linda Parker Pennington
Special to The Post

House Minority Leader Hakeem Jeffries addressed an enthusiastic overflow audience on Monday at San Francisco’s Commonwealth Club, launching his first book, “The ABCs of Democracy.”

Based on his first speech as House minority leader, “The ABCs of Democracy” by Grand Central Publishing is an illustrated children’s book for people of all ages.

Each letter contrasts what democracy is and isn’t, as in: “American Values over Autocracy”, “Benevolence over Bigotry” and “The Constitution over the Cult.”

Less than a month after the election that will return Donald Trump to the White House, Rep. Jeffries also gave a sobering assessment of what the Democrats learned.

“Our message just wasn’t connecting with the real struggles of the American people,” Jeffries said. “The party in power is the one that will always pay the price.”

On dealing with Trump, Jeffries warned, “We can’t fall into the trap of being outraged every day at what Trump does. That’s just part of his strategy. Remaining calm in the face of turmoil is a choice.”

He pointed out that the razor-thin margin that Republicans now hold in the House is the lowest since the Civil War.

Asked what the public can do, Jeffries spoke about the importance of being “appropriately engaged. Democracy is not on autopilot. It takes a citizenry to hold politicians accountable and a new generation of young people to come forward and serve in public office.”

With a Republican-led White House, Senate, House and Supreme Court, Democrats must “work to find bi-partisan common ground and push back against far-right extremism.”

He also described how he is shaping his own leadership style while his mentor, Speaker-Emeritus Nancy Pelosi, continues to represent San Francisco in Congress. “She says she is not hanging around to be like the mother-in-law in the kitchen, saying ‘my son likes his spaghetti sauce this way, not that way.’”

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MacArthur Fellow Dorothy Roberts’ Advocates Restructure of Child Welfare System

Roberts’s early work focused on Black women’s reproductive rights and their fight for reproductive justice. In “Killing the Black Body: Race, Reproduction, and the Meaning of Liberty 1997)”, she analyzes historical and contemporary policies and practices that denied agency to Black women and sought to control their childbearing—from forced procreation during slavery, to coercive sterilization and welfare reform—and advocates for an expanded understanding of reproductive freedom.

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Dorothy Roberts. Photo courtesy of the John D. and Catherine T. MacArthur Foundation.
Dorothy Roberts. Photo courtesy of the John D. and Catherine T. MacArthur Foundation.

Special to The Post

When grants were announced Oct. 1, it was noted that eight of the 22 MacArthur Fellows were African American. Among the recipients of the so-called ‘genius grants’ are scholars, visual and media artists a poet/writer, historian, and dancer/choreographer who each receive $800,000 over a five-year period to spend as they see fit.

 Their names are Ruha Benjamin, Jericho Brown, Tony Cokes, Jennifer L. Morgan, Ebony G. Patterson, Shamel Pitts, Jason Reynolds, and Dorothy Roberts. This is the eighth and last in the series highlighting the Black awardees. The report below on Dorothy Roberts is excerpted from the MacArthur Fellows web site.

A graduate of Yale University with a law degree from Harvard, Dorothy Roberts is a legal scholar and public policy researcher exposing racial inequities embedded within health and social service systems.

Sine 2012, she has been a professor of Law and Sociology, and on the faculty in the department of Africana Studies at the University of Pennsylvania.

Roberts’s work encompasses reproductive health, bioethics, and child welfare. She sheds light on systemic inequities, amplifies the voices of those directly affected, and boldly calls for wholesale transformation of existing systems.

Roberts’s early work focused on Black women’s reproductive rights and their fight for reproductive justice. In “Killing the Black Body: Race, Reproduction, and the Meaning of Liberty 1997)”, she analyzes historical and contemporary policies and practices that denied agency to Black women and sought to control their childbearing—from forced procreation during slavery, to coercive sterilization and welfare reform—and advocates for an expanded understanding of reproductive freedom.

This work prompted Roberts to examine the treatment of children of color in the U.S. child welfare system.

After nearly two decades of research and advocacy work alongside parents, social workers, family defense lawyers, and organizations, Roberts has concluded that the current child welfare system is in fact a system of family policing with alarmingly unequal practices and outcomes. Her 2001 book, “Shattered Bonds: The Color of Child Welfare,” details the outsized role that race and class play in determining who is subject to state intervention and the results of those interventions.

Through interviews with Chicago mothers who had interacted with Child Protective Services (CPS), Roberts shows that institutions regularly punish the effects of poverty as neglect.

CPS disproportionately investigates Black and Indigenous families, especially if they are low-income, and children from these families are much more likely than white children to be removed from their families after CPS referral.

In “Torn Apart: How the Child Welfare System Destroys Black Families—and How Abolition Can Build a Safer World (2022),” Roberts traces the historical, cultural, and political forces driving the racial and class imbalance in child welfare interventions.

These include stereotypes about Black parents as negligent, devaluation of Black family bonds, and stigmatization of parenting practices that fall outside a narrow set of norms.

She also shows that blaming marginalized individuals for structural problems, while ignoring the historical roots of economic and social inequality, fails families and communities.

Roberts argues that the engrained oppressive features of the current system render it beyond repair. She calls for creating an entirely new approach focused on supporting families rather than punishing them.

Her support for dismantling the current child welfare system is unsettling to some. Still, her provocation inspires many to think more critically about its poor track record and harmful design.

By uncovering the complex forces underlying social systems and institutions, and uplifting the experiences of people caught up in them, Roberts creates opportunities to imagine and build more equitable and responsive ways to ensure child and family safety.

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Oakland Post: Week of December 18 – 24, 2024

The printed Weekly Edition of the Oakland Post: Week of December 18 – 24, 2024

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