"Let me say it as simply as I can: Transparency and the rule of law will be the touchstones of this presidency," President Obama said on his first full day in office.
And then he walked the walk — big time.
Obama followed through on his campaign pledges to promote greater government transparency by issuing several directives on openness and accountability. Among them were a memorandum on the Freedom of Information Act, an executive order overturning limitations on release of presidential records, and a memo on government transparency directing the creation of an open government directive within 120 days.
"The way to make a government responsible is not simply to enlist the services of responsible men and women, or to sign laws that ensure that they never stray," the president said. "The way to make government responsible is to hold it accountable. And the way to make government accountable is make it transparent so that the American people can know exactly what decisions are being made, how they're being made, and whether their interests are being well served."
Commenting on his FOIA memorandum that will overturn the doctrine of withholding information promulgated by former Attorney General John Ashcroft, Obama noted, "For a long time now, there's been too much secrecy in this city. The old rules said that if there was a defensible argument for not disclosing something to the American people, then it should not be disclosed. That era is now over.
"Starting today, every agency and department should know that this administration stands on the side not of those who seek to withhold information but those who seek to make it known."
Recognizing legitimate withholding such as privacy and national security, Obama added that, "the mere fact that you have the legal power to keep something secret does not mean you should always use it. The Freedom of Information Act is perhaps the most powerful instrument we have for making our government honest and transparent, and of holding it accountable. And I expect members of my administration not simply to live up to the letter but also the spirit of this law."
Obama also pledged to hold himself "to a new standard of openness. Going forward, anytime the American people want to know something that I or a former President wants to withhold, we will have to consult with the Attorney General and the White House Counsel, whose business it is to ensure compliance with the rule of law. Information will not be withheld just because I say so. It will be withheld because a separate authority believes my request is well grounded in the Constitution."
While Obama indicated that these directives were just a start and "will not by themselves make government as honest and transparent as it needs to be," he did call he actions "the beginning of a new era of openness in our country."
Of course every beginning sometimes has a little trouble getting started: None of the presidents remarks, memorandum or directives had been posted to the fancy new White House Web site or blog that evening.
The National Security Archive was among those posting the documents.
And the Associated Press, Reuters and Agence France Presse refused to distribute White House press office photos of the president's first day in the Oval Office after news photographers were denied access.
But, for now, observers hope this is a normal learning curve and not the first act of "transparency theater," a term coined by John Wonderlich of the Sunlight Foundation.
So much for transparency on the "stimulus" package, huh?
Posted by: John Sterling | February 16, 2009 at 03:58 PM