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尽管Obama呼叫请求开放政府，正义抵抗透露布什秘密
星期一， 2009年2月16日
华盛顿(AP) ？ 尽管总统 Obama’更打开政府的s誓愿，司法部为布什政府判决辩护保留秘密许多文件关于国内窃听，数据收集在旅客和美国。 被怀疑的恐怖分子的公民和审讯。 在半打诉讼，正义律师反对正式行动或摒弃了法庭外提议延迟法庭诉讼，直到信息行动指南新的管理重写自由并且决定新的规则是否也许允许公众看更多。 在一个案件只安排司法部同意暂停一个FOIA诉讼直到争执的文件能被复评根据对是书面指南。 那个案件在一个反仿冒的条约介入交涉，没有产生其他诉讼并且更加伟大的开放性Obama的诺言的更加有争议，更加秘密的反恐怖主义战术。 “标志在最近几天内不整个地令人鼓舞”，一位律师说Jameel Jaffer，为 美国公民自由联合提出寻找布什政府的法律理论基础的warrantless国内窃听和的它的恐怖主义被拘留者的治疗的几项诉讼。 主张开放政府、公民自由和保密性的小组狂喜Obama在他的第一天在办公室扭转布什的第一位检察长强加的FOIA政策， 约翰Ashcroft. 布什司法部认为它将使用所有合法的法律依据保卫扣压的纪录从公众。 Obama在政府承诺“开放性的一个史无前例的水平”并且定购了新的FOIA指南写以一个“推测倾向于透露”。 但正义的行动在法院在多远从那以后表示怀疑新的管理将去。 在对规则治理的FOIA案件寻找的通入 FBI’ s调查数据仓库？ 包含1十亿个搜查的文件关于美国人和外国人的计算机数据库？ 正义律师告诉了地方法院在这儿星期四， “它不确切新的指南，一旦发布，将是回顾展的对FOIA请求代办处已经完成了处理”。 他们请求法院改为统治FBI做了足够。 The bureau has reviewed 878 pages, withheld 76 and released some portions of 802. To withhold some material, the FBI cited discretionary FOIA exemptions and ones that require balancing privacy and public interests. David Sobel, attorney for the Electronic Frontier Foundation, a San Francisco-based group that advocates civil liberties in cyberspace and brought the lawsuit, said those decisions might come out differently under the new guidelines. The issue isn’t retroactivity, Sobel said. “The issue is whether the new administration is going to devote legal resources to fighting old battles now that the president has announced a fundamental change in the government’s approach to FOIA.” Other lawsuits in which Justice’s civil division has expressed opposition to delays until the administration writes its FOIA guidelines and uses them to review Bush decisions: ? One seeking documents about the Automated Targeting System used by Customs officers to screen all travelers leaving or entering the country. ?A case seeking records of lobbying by telecommunications companies to get legal immunity for cooperating in warrantless domestic wiretapping. ? A case seeking Justice’s legal opinions justifying that wiretapping. One of the plaintiff attorneys, Meredith Fuchs, of the National Security Archive, a private group that publishes formerly classified government documents, said, “I’m somewhat surprised they did not take the opportunity to look at these again, but maybe it’s because the administration doesn’t have all its top Justice appointees in office yet.” ? Three cases seeking Justice legal opinions about detention and interrogation of terrorism detainees. Civil division attorney Caroline Wolverton wrote the ACLU’s Jaffer that Justice would proceed “consistent with the principles” in Obama’s FOIA order “and also with due regard for the legitimate confidentiality interests of the executive branch and the national security interests of the United States.” Jaffer called that “a nonresponse response.” So far, Justice has expressed willingness to review Bush decisions in two cases, only one because of FOIA changes. Only in Sobel’s lawsuit for anti-counterfeiting treaty documents has Justice joined a plaintiff to obtain a court delay to give the administration time to write FOIA guidelines and use them to “review its determinations on the documents at issue.” But that case is unusual because Justice is represented by its Office of Information and Privacy, not by the civil division handles which all the other FOIA lawsuits. The information and privacy office provides governmentwide guidance on how to obey the FOIA. Attorneys in these cases worry that the information and privacy office doesn’t have the clout of the much larger civil division and may not control administration policy. The civil division has sought a delay to review one case ? involving three 2005 Justice legal memos on the definition of “cruel and unusual” interrogation tactics. But its request didn’t mention the new FOIA policy. Instead it said Obama’s Jan. 22 executive order on detention and interrogation might alter the government position. Even if the new administration reviews Bush decisions, that’s no guarantee the outcome will change. Last week, Attorney General Eric Holder announced a review of every court case in which the Bush administration used a different legal tool to preserve secrecy: the state secrets privilege it invoked a record number of times to have lawsuits thrown out. On the same day, however, civil division attorney Douglas Letter cited the state secrets privilege in asking a federal appeals court to uphold dismissal of a lawsuit accusing a Boeing Co. subsidiary of illegally helping the CIA fly suspected terrorists to allied foreign nations where they would be tortured. Three times Letter assured the judges his position had been approved by Obama administration officials. “This is not change,” said ACLU executive director Anthony Romero. “President Obama’s Justice Department has disappointingly reneged” on his promise to end “abuse of state secrets.” Have Your Say: Despite Obama call for open government, Justice resists disclosing Bush secrets Please read our posting guidelines before posting. Alternatively you can discuss this report here. Related News
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