Over on Desmogblog, we learn that the White House has been thwarting their efforts to find out more about the cancellation of the Deep Space Climate Observatory (DSCOVR) satellite mission. No big surprise there. Writer Mitchell Anderson filed a Freedom of Information Act (FOIA) request last month for copies of any records "relating to the Deep Space Climate Observatory (DSCOVR) mission, formerly known as Triana, from the period January 1, 2000 to the present." But the response he got from the White House Deputy General Counsel F. Andrew Turley is curious:
Please be advised that the Office of the Administration, Executive Office of the President is not subject to the provisions of the Freedom of Information Act. Your letter therefore is returned without further action.
Anderson checked out their FOIA FAQ section, which states clearly that the portions of the Executive Office of the President that they are seeking information from are subject to FIOA. He calls to inquire, and the deputy counsel informs him that the Office of the Administration is no longer subject to FOIA due to a "recent legal determination."
This is part of a larger attempt by the White House to fend off suits that seek access to e-mails pertinent to the investigation into Justice Department malfeasance. While most of the White House is not subject to FOIA, the Office of Administration is -- their own records show they responded to 65 FOIA requests in 2006, they have their own FOIA officer. Heck, they even have a FOIA FAQ section. But now they're citing a 1996 appellate court ruling that found the National Security Council was not covered by FOIA as evidence that the Office of Administration should not be considered an "agency," either; therefore, they shouldn't be FOIAble, the White House argues.
Of course, this is nothing new -- Cheney's office has been working the redefinition angle for years. But this is a new dimension in their attempts to hide information from the public through nuanced readings of old rulings and new interpretations of long-standing rules.
Overall, the figures on FOIA have been dismal during the Bush administration: two of every five requests were never even processed in 2006, the number of denials increased by 10 percent that year alone, and since 1998 the number of exemptions cited as justification for withholding information increased 83 percent. This record is what prompted the Senate to unanimously approve legislation to expedite government agency responsiveness to FOIA requests this past August. But all the expediency in the world doesn't change an administration determined to redefine themselves out of disclosure laws.
--Kate Sheppard
