Secrecy and FOIA

Washington, D.C., March 16, 2008 - President Bush’s executive order for a “citizen-centered” and “results-oriented” Freedom of Information system did improve customer service at federal agencies, but has failed to make consistent progress on backlogs and has not significantly improved compliance with electronic FOIA requirements, according to the Knight Open Government Survey released today by the National Security Archive at George Washington University (www.nsarchive.org).

Washington DC, February 26, 2008 - At a hearing today before the House Committee on Oversight and Government Reform, it was disclosed that the White House has received repeated warnings from the National Archives and Records Administration (NARA) and from information technology experts within the White House about the risk of lost e-mails. Records obtained by the Committee showed that NARA's warnings began as early as January 2004 and that the White House was aware of the danger that e-mails may not be properly preserved.

Washington, D.C., January 31, 2008 - The National Security Archive, along with several leading U.S. historical associations, today is filing a petition in federal court in New York City for the release of grand jury records from the 1951 indictment of Julius and Ethel Rosenberg, who were accused of running an espionage ring that passed American atomic secrets to the Soviet Union, convicted of spying, and executed in 1953.

Park City, Utah, January 24, 2008 – The new documentary “Secrecy,” made by Harvard professors Peter Galison and Robb Moss, premiered this past week at the Sundance Film Festival, featuring National Security Archive director Tom Blanton in a leading role and on the after-show panels answering questions from Sundance audiences. Blanton participated in the premiere showing on January 18 in Park City, the follow-up showing on January 19 also in Park City, and the noontime showing on Sunday January 20 at the screening room in Robert Redford’s Sundance Resort.

Washington DC, January 16, 2008 - In response to a federal court order issued last week, the White House late last night refused to acknowledge any missing e-mails, instead stating that it “has undertaken an independent effort to determine whether there may be anomalies in Exchange e-mail counts” during the 2003-2005 period. A sworn statement by the Chief Information Officer of the White House Office of Administration filed with U.S.

Washington DC, January 8, 2008 -In an Order issued today, Magistrate Judge Facciola of the United States District Court for the District of Columbia ordered the White House to answer questions about over 5 million missing e-mails generated between 2003-2005. Noting that the need for information on the missing e-mails is “time-sensitive” because of the risk that stored copies of the e-mails “are increasingly likely to be deleted or overridden with the passage of time,” the Court demanded answers in a sworn declaration by January 15, 2008 about the location of the missing e-mails.

Washington DC, January 2, 2008 - In one of his last decisions of the year on Monday, December 31, 2007, President Bush signed into law the Freedom of Information Act (FOIA) reform bill (S. 2488). The bill, the OPEN Government Act of 2007, was passed unanimously by both the House and the Senate in December. The new law aims to fix some of the most persistent problems in the FOIA system, including excessive delay, lack of responsiveness, and litigation gamesmanship by federal agencies.

Washington DC, December 14, 2007 -The National Security Archive yesterday rebutted the government’s argument for dismissal of the Archive’s lawsuit in federal district court seeking to recover 5 million or more Executive Office of the President e-mails that are missing from the period 2003 to 2005. “It is remarkable that the government wants to stop the public from trying to protect records that belong to the people of the United States, particularly records that tell the story of this country’s policies,” stated Meredith Fuchs, the Archive’s General Counsel.

Washington DC, November 13, 2007 -A federal judge yesterday ordered the Executive Office of the President to preserve all e-mail backup media in its possession, or under its custody or control, under conditions that will preserve its eventual use. The Order came in two cases, consolidated today, that seek to enforce the Executive Office of the President’s, and its component agencies’, Federal Records Act obligations.

Washington, DC, November 2, 2007 - Then-national security adviser Henry A. Kissinger colluded with Soviet ambassador Anatoly Dobrynin to keep the U.S. Secretary of State in the dark about ongoing secret discussions between the Soviets and the Nixon White House, according to newly released Soviet-era documents, released last week by the Department of State.