DOJ Cited for Contempt of Openness by National Security Archive, Wins Rosemary Award

The Department of Justice was awarded the 2012 Rosemary Award by the National Security Archive — for a multi-count indictment of Justice's transparency performance in 2011, including:

  • selective and abusive prosecutions using espionage laws against whistleblowers as ostensible "leakers" of classified information, with more "leaks" prosecutions in the last three years than all previous years combined, at a time when expert estimates of over-classification range from 50 to 90%;
  • persisting recycled legal arguments for greater secrecy throughout Justice's litigation posture, including specious arguments before the Supreme Court in 2011 in direct contradiction to President Obama's "presumption of openness";
  • retrograde proposed regulations that would allow the government to lie in court about the existence of records sought by FOIA requesters, and also prevent elementary and secondary school students – as well as bloggers and new media – from getting fee waivers, while narrowing multiple other FOIA provisions;
  • a mixed overall record on freedom of information with some positive signs (overall releases slightly up, roundtable meetings with requesters, the website foia.gov collating government-wide statistics) outweighed by backsliding in the key indicator of the most discretionary FOIA exemption, (b)(5) for "deliberative process," cited by Justice to withhold information a whopping 1,500 times in 2011 (up from 1,231 in 2010).

Archive director Tom Blanton noted, "Justice edged out a crowded field of contending agencies and career officials who seem in practical rebellion against President Obama's open-government orders." 

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