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儘管Obama呼叫請求開放政府，正義抵抗透露布什秘密
星期一， 2009年2月16日
華盛頓(AP) ？ 儘管總統 Obama』更打開政府的s誓願，司法部為布什政府判決辯護保留秘密許多文件關於國內竊聽，數據收集在旅客和美國。 被懷疑的恐怖分子的公民和審訊。 在半打訴訟，正義律師反對正式行動或摒棄了法庭外提議延遲法庭訴訟，直到信息行動指南新的管理重寫自由并且決定新的規則是否也許允許公眾看更多。 在一個案件只安排司法部同意暫停一個FOIA訴訟直到爭執的文件能被複評根據對是書面指南。 那個案件在一個反仿冒的條約介入交涉，沒有產生其他訴訟並且更加偉大的開放性Obama的諾言的更加有爭議，更加秘密的反恐怖主義戰術。 「標誌在最近幾天內不整個地令人鼓舞」，一位律師說Jameel Jaffer，為 美國公民自由聯合提出尋找布什政府的法律理論基礎的warrantless國內竊聽和的它的恐怖主義被拘留者的治療的幾項訴訟。 主張開放政府、公民自由和保密性的小組狂喜Obama在他的第一天在辦公室扭轉布什的第一位檢察長強加的FOIA政策， 約翰Ashcroft. 布什司法部認為它將使用所有合法的法律依據保衛扣壓的紀錄從公眾。 Obama在政府承諾「開放性的一個史無前例的水平」并且定購了新的FOIA指南寫以一個「推測傾向於透露」。 但正義的行動在法院在多遠從那以後表示懷疑新的管理將去。 在對規則治理的FOIA案件尋找的通入 FBI』 s調查數據倉庫？ 包含1十億個搜查的文件關於美國人和外國人的計算機數據庫？ 正義律師告訴了地方法院在這兒星期四， 「它不確切新的指南，一旦發布，將是回顧展的對FOIA請求代辦處已經完成了處理」。 他們請求法院改為統治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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