Conservatives attack
Bush on Secrecy
Reuters.com
September 03, 2002
WASHINGTON (Reuters) - As part of its "war on terrorism," the
Bush administration has vastly expanded government secrecy,
removing information from the public domain, limiting its
disclosures to Congress and allowing law enforcement agencies to
operate in the shadows.
Its policies are beginning to stir growing criticism from the
courts, Congress and even from some conservatives.
"For whatever reason, this administration has gone way way too
far in its pursuit of secrecy in some particularly worrying
ways," said Mark Tapscott, head of the Center for Media and
Public Policy at the conservative Heritage Foundation.
Administration officials, from the president down, have
justified their policy on the needs of fighting terrorism.
"We can't have leaks of classified information. It's not in
our nation's interest," Bush said last October.
But the policy goes beyond classified information. A March 19
memorandum from White House Chief of Staff Andy Card urged
government agencies to more aggressively protect "sensitive but
unclassified" information.
Even before the Sept. 11 attacks, the administration was
expanding secrecy. It moved to hold up the release of
presidential papers from former President Ronald Reagan and
insisted on keeping secret members of an energy policy task force
chaired by Vice President Dick Cheney.
Last week, the White House said it would keep secret 4,000
pages related to presidential pardons granted by former President
Bill Clinton in the final days of his administration. It said all
presidents had the right to discuss and decide on pardons in
private.
'MORE SECRETIVE THAN NIXON'
"This administration is the most secretive of our lifetime,
even more secretive than the Nixon administration. They don't
believe the American people or Congress have any right to
information," said last week Larry Klayman, chairman of Judicial
Watch, a conservative group that is suing the administration to
force it to reveal the members of the energy task force.
A month after the Sept. 11 attacks, the Justice Department
revised its policy on releasing documents under the Freedom of
Information Act, urging agencies to pay more heed to
"institutional, commercial, and personal privacy interests."
Gary Bass of OMB Watch, a private group which monitors
government spending and legislation, said the change represented
a dramatic reversal of decades of open government.
"We are moving from a right to know to a need to know
society," Bass said.
The administration wants its new Department of Homeland
Security exempted from many requirements of the Freedom of
Information Act but Senate Democrats are opposed.
"The administration is asking us to put this new department
above the law and outside the checks and balances these laws are
put there to ensure," said Vermont Democrat Sen. Patrick Leahy,
chairman of the Judiciary Committee.
Thousands of pages of information that were publicly available
on the Internet suddenly disappeared after Sept. 11. Some related
to areas of obvious security concern but others were much less
clear.
For example, researcher and community activists could no
longer access data on chemical plants that violate pollution laws
or on where hazardous chemicals are stored.
"Some degree of secrecy is obviously justified but we are
seeing far more secrecy than is warranted by national security
requirements," said Steven Aftergood, who runs the project on
government secrecy for the Federation of American Scientists.
"There is a pattern of secrecy that is a defining
characteristic of the Bush administration. It resists even the
most mundane requests for information," he told Reuters
recently.
Following the Sept. 11 attacks, Congress rushed through the
USA Patriots Act, which vastly expanded the government's ability
to track and detain suspected enemies in secret.
The government gained the power to conduct searches of homes
without informing their owners until long after; it can conduct
telephone and e-mail traces of people not suspected of a crime
and investigate people on basis of activities such as writing a
letter to the editor or attending a rally.
Last month, book publishers and booksellers criticized the
Justice Department for refusing to reveal how many times it had
used new powers under the act to force bookstores, libraries and
newspapers to reveal confidential records, including the titles
of books an individual has purchased or borrowed.
The Department refused to turn over this information to the
House Judiciary Committee, saying it would give it only to House
Intelligence Committee, which does not have oversight
responsibility for the act.
Some judges and legislators are beginning to bristle. House
Judiciary Committee chairman James Sensenbrenner and ranking
minority member John Conyers said this secrecy was "an open
invitation to abuse of government power."
Gladys Kessler, a federal district judge in Washington,
recently called the government's secret arrests after Sept. 11,
"a concept odious to a democratic society."
In a rare public rebuke, the secret court that supervises the
Foreign Intelligence Surveillance Act in May alleged that Justice
Department and FBI officials supplied erroneous information to
the court in more than 75 applications from search warrants and
wiretaps.
The court found that new procedures proposed by Ashcroft in
March would have given prosecutors too much control over
counterintelligence investigations and allowed the government to
misuse intelligence information for criminal cases.
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