A group of government watchdogs sent a letter to President Obama on Monday encouraging him to clarify policies that prevent agencies from complying with laws aimed at increasing transparency.
The letter challenged a murky policy laid out by Gregory Craig, former White House counsel, in an April 2009 memorandum to general counsels in all federal departments and agencies.
The Craig Memorandum demanded that departments and agencies consult with White House counsel before releasing any documents that might involve “White House equities.” What exactly qualifies as such “equities” was never fully defined.
“We believe the Craig Memorandum has caused significant confusion and delay among agencies in their compliance with the Freedom of Information Act,” the watchdog’s letter said.
Although Obama touted the importance of FOIA early in his administration, encouraging agencies to “adopt a presumption in favor of disclosure,” the Craig Memorandum has stalled release of information requested by citizens, journalists and even Congress.
The letter cited a March 2013 example in which the Department of the Interior delayed a request from the House Oversight and Government Reform Committee for more than six months while the White House, Justice Department and the Office of Management and Budget looked over the records; the requested documents were ultimately obtained with a congressional subpoena.
A March 2010 FOIA request from Cox Television for emails between several congressmen and officials from the General Services Administration was delayed 118 days after the records were submitted for review to the White House and the House of Representatives, the letter said. FOIA regulations require agencies to respond to requests within 20 business days.
The broad interpretation of what constitutes a White House equity allows the Obama administration to screen requests before releasing any materials, thus undermining the very purpose of transparency laws like FOIA, according to the letter’s signers.
Environmental Protection Agency emails obtained by Cause of Action, a watchdog nonprofit group that is among the signers, suggested that White House officials take part in deciding what to redact and release when FOIA requests seek sensitive information.
Cause of Action, the Project on Government Oversight and the Sunlight Foundation were among the 24 organizations that joined the call for the Obama administration to review the Craig Memorandum and either withdraw it or clearly define “White House equities” to prevent overreach.
Cause of Action has also sued a dozen federal departments claiming their adherence to the Craig Memorandum violates the FOIA.
