Open the Government

Cut It Out: Broad Coalition Calls on Congress to Remove Provision Criminalizing Reasonable Disclosures from Intelligence Authorization Act

New provision would allow prosecution of reporters (or anyone) who discloses identity of current or retired operatives Washington, D.C. — Pushing against a recent move by the Central Intelligence Agency to vastly expand the definition of “covert agent” that would unreasonably criminalize disclosure of current and retired operatives’ identities, 30 top government openness, accountability, and

Supreme Court Rules Against Transparency, Sides with Secrecy

Last week, the Supreme Court ruled against the public’s right to information involving government dealings with private companies and corporations. Following the Court’s ruling, a business need only claim that information it provided to the government is “privileged or confidential” for the government to justify withholding the business’ records from the public – a disappointing

CIA’s Expansion of “covert agent” definition would weaken oversight and accountability

Section 305 (Division A) of S. 1589, the Intelligence Authorization Act for FY 2018, 2019, and 2020, would expand the definition of “covert agent” for purposes of prosecution under the Intelligence Identities Protection Act, in what appears to be a clear attempt to subvert transparency, oversight, and accountability. Here’s OTG one-pager on what the changes

New EPA FOIA Regulations Expand Politicization without Transparency

The Environmental Protection Agency is planning to implement substantial changes to the agency’s Freedom of Information Act regulations without giving the public an opportunity to comment. Although not yet finalized, today the public became aware of the EPA’s new FOIA regulations, which expand the politicization of FOIA in harmful ways. Read our one-pager on the

OTG Releases Annual Report

It seems every day we see another headline describing an assault on accountable government. The attacks come at such an unrelenting pace, we risk becoming inured to secrecy, obfuscation and misinformation, threats to the media, disregard of the rule of law, and efforts to weaken congressional oversight. Instead of accepting as the new normal the

Supreme Court’s Decision in First FOIA Case Fails to Defend the Public’s Right to Know

The Supreme Court ruled 6-3 today in favor of denying the public’s access to government spending information in the Food Marketing Institute v. Argus Leader Media case that brought to fore the court’s interpretation of a key component – Exemption 4 – of the Freedom of Information Act (FOIA). Transparency and accountability groups, including Open the Government,

47 Organizations Urge Congress to Support Amash-Lofgren Amendment and Rein in Warrantless Surveillance

More than 45 diverse organizations signed and sent a letter to members of Congress urging bipartisan support for the Amash-Lofgren amendment to H.R. 2740. The amendment would limit warrantless surveillance under Section 702 of the Foreign Intelligence Surveillance Act (FISA) by ensuring it is only used for the purposes Congress intended: to target people outside

Defense Department’s Gag Rule Memo Spurs Letter Urging Office of the Special Counsel to Investigate

Open the Government and the Government Accountability Project sent a letter to the Office of the Special Counsel today urging the agency to investigate the Department of Defense’s new policy that restricts the information its employees share with Congress, according to a memo obtained by the Washington Post. The memo, issued by acting defense secretary

FOIA Request by OTG & ACLU Uncovers Significant Racial Disparities in DC’s Police Arrests

In response to a Freedom of Information Act request filed by Open the Government and ACLU-DC, the District of Columbia’s Metropolitan Police Department (MPD) recently provided extensive arrest data for the years 2013 to 2017. An examination of that data by the ACLU Analytics Team revealed a pattern of disproportionate arrests of Black people that persists

More Than a Dozen Organizations Urge Defense Department to Reverse Decision to Limit Afghanistan War Reports

A cross-section of organizations signed a letter late last week to acting Defense Secretary Patrick Shanahan calling for a reversal of the military’s decision to stop collecting and releasing important information related to Afghanistan’s stability and vital to Americans’ understanding of the war. The organizations are concerned the military will no longer assess district level

Asserting Executive Privilege Over Mueller Report Strong-Arms Congress & Fuels Controversy

Statement of Lisa Rosenberg, Executive Director, Open the Government The House Committee on the Judiciary’s requests for the full Mueller report to be released to Congress are based on transparency and accountability principles that should not be trampled on by the Trump’s administration’s assertion of executive privilege. Congress is constitutionally required to exercise oversight, and

The White House Ethics Transparency Act Packs a Simple Yet Practical Punch to Secret White House Ethics Waivers

Washington, D.C. — Open the Government supports the White House Ethics Transparency Act sponsored by Rep. Stephen Lynch (D-Mass) and Elijah Cummings (D-Md) as it goes before the House Committee on Oversight and Reform today. The bill’s provisions are also part of H.R. 1, the For the People Act, a broader government accountability and transparency bill. In the

Access to government spending data in limbo as SCOTUS considers FOIA case

On April 22, the Supreme Court heard oral arguments in Food Marketing Institute v. Argus Leader Media, a case that is likely to reveal the Court’s first interpretation of a key component of the Freedom of Information Act.

Kevin McAleenan Requests Additional Border Funds as Coalition of Over 100 Organizations Condemn DHS Surveillance of Activists, Journalists, and Lawyers

Before his testimony to Congress today asking for more border funds, Acting Department of Homeland Security Secretary Kevin McAleenan was the recipient of a coalition letter from over 100 organizations urging the U.S. Department of Homeland Security (DHS) urging it to cease any targeting of activists, journalists, and lawyers based on their First Amendment-protected speech

Overly Politicizing Redacted Mueller Report Would Miss What’s Really at Stake

Statement of Lisa Rosenberg, Executive Director, Open the Government Note: On the Thursday release of the redacted version of special counsel Robert Mueller’s final report on the Russia investigation by the Justice Department. In the eagerness to read the redacted Mueller report, Congress, the media and the public must resist politicizing the report and instead focus

Poll: After Barr Letter, Overwhelming Majority Wants Full Mueller Report Released

Days after Attorney General William Barr released his four-page summary of special counsel Robert Mueller’s Russia investigation report, overwhelming majorities of Americans want the full report made public and believe Barr and Mueller should testify before Congress, according to a new NPR/PBS NewsHour/Marist poll. Only about a third of Americans believe, from what they’ve seen

Will William Barr Stand on the Right (or Wrong) Side of History?

U.S. Attorney General’s actions will soon reveal whether he will honor coast-to-coast demands to make the Mueller report public Note: Barr received Mueller’s report concluding a 22-month investigation into Russian interference in the 2016 election yesterday. Following this development, demands for the report’s public release has heightened. If Barr reneges on his promise to make

Sunshine and Shadows – Part 2

In Sunshine and Shadows – Part 1 we summarized some of Sunshine Week’s events, noting highs and lows in civil society efforts to advance openness in government. Now we’ll dive into some of the noteworthy happenings related to openness in Congress and the Executive Branch. Congress During Sunshine Week, the House Oversight and Reform Committee

Jared Kushner is Poster Child for Presidential Records Act Reform

The White House and Congress cannot afford to continue to pay lip service to clear violations Statement of Lisa Rosenberg, Executive Director, Open the Government Note: Revelation of Kushner’s actions is the latest likely violation of the PRA by a senior White House official. Reports show Ivanka Trump continues to use personal email accounts for

Sunshine and Shadows – Part 1

Sunshine Week, an annual celebration of the importance of open government and freedom of information, wrapped up earlier this month. Now is a good time to highlight some of the week’s events and note recent highs and lows in the effort to advance openness in government. (Following are OTG partner sponsored events and reports. If

OTG Launches Sunshine Week Report on Amazon, Government Security & Secrecy

OTG Launches Sunshine Week Report on Amazon, Government Security & Secrecy ‘Government Inc.’ report shows weak transparency requirements and accountability mechanisms for private companies even as they work on government contracts Washington, D.C. – Open the Government’s new report ‘Government Inc.: Amazon, Government Security & Secrecy’ is an in-depth study of government technology contractors, many household names such as

New Amazon, Government Security & Secrecy Report Released at Freedom of Information Day Conference

Open the Government is releasing an in-depth case study, Government Inc.: Amazon, Government Security & Secrecy and hosting a panel discussion addressing the primary concerns the public should have about federal and state governments relying on private contractors to provide advanced technology to, support military operations, enforce immigration laws and aid in policing. The panel

Politico/Morning Consult Poll: 68 percent want Mueller report made public

A majority of Americans want the report of special counsel Robert Mueller‘s investigation to be released, according to a poll released Wednesday. According to a Politico/Morning Consult poll, 68 percent of voters surveyed support the release of Mueller’s findings, while 10 percent do not. The report’s release has broad support from both parties, with 79 percent of Democrats supporting the

Open the Government is an inclusive, nonpartisan coalition that works to strengthen our democracy and empower the public by advancing policies that create a more open, accountable, and responsive government.