Washington, D.C. – In a letter to Attorney General Eric Holder, House Judiciary Committee Chairman Lamar Smith (R-Texas) questioned a proposed policy to allow the Justice Department, in limited instances, to deny the existence of records when in fact those records do exist. Chairman Smith expressed concern that the proposal appears to authorize the Justice Department to “lie in response to certain Freedom of Information Act (FOIA) requests.”
Congress enacted FOIA in 1966 to establish a culture of full disclosure from federal agencies in response to public inquiries. FOIA does exempt the release of certain law-enforcement-sensitive and national security materials.
In March, the Obama administration proposed a new rule governing the manner in which the Justice Department responds to requests for certain law-enforcement-sensitive information that FOIA excludes from disclosure. It would prevent disclosure of not just the information, but the very existence of the information. Specifically, the rule authorizes the Department to answer requests for such information “as if the excluded records did not exist.”
Chairman Smith: “The Department’s directive seems inconsistent with the purpose for which FOIA was enacted … The rule appears to contradict both transparency principles fundamental to a functioning democracy and the President’s commitment to an open and transparent government.
“As Chairman of the House Judiciary Committee responsible for Justice Department oversight, I would like to examine and understand the Department’s rationale for the new rule. Without adequate justification, I worry that the proposed rule could hinder the ability of private citizens to act in an informed manner in exercising their political rights.”
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PDF Text: Letter to Attorney General Holder
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