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September 20, 2004 Vol.5, No.19:   


Published: 09/21/2004

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Congressional Report Cites Growing Bush Secrecy

Rep. Henry Waxman (D-CA) released a report last week detailing the vast expansion of secrecy and restrictions in public access to government information under the Bush administration. The Special Investigations Division of the House Government Reform Committee's minority staff prepared the report, "Secrecy in the Bush Administration," for Waxman.

The report systematically analyzes long standing federal public access laws, new laws that restrict public access, and barriers to congressional access. The report examines changes in the implementation of several major open government laws including the Freedom of Information Act, Presidential Records Act and Federal Advisory Committee Act. Investigators found that these laws, which were designed to ensure public access, have been undermined by various new policies and an overall culture shift that accompanied the Bush administration.

The report also found that laws allowing the government to restrict public access to government information have been abused by broad and excessive use. While touting a need for great security, the Bush administration created new restrictions on access and information and expanded the scope and use of several pre-existing security-based information restrictions. Ironically, the 9/11 Commission concluded that the excessive restriction of information contributed to the success of the terrorist attacks, and it strongly recommended reforms that would allow easier sharing of information among government officials and the public. The Waxman report notes that an Executive Order from President Bush directly contributed to the overclassification of documents, which greatly restricts the government's ability to use or share information even with other government officials.

Finally, the report details the new difficulties that even Congress faces accessing and using information due to policy changes under the Bush administration. The point that these access restrictions are not limited to the general public is an important and troubling one. Lawmakers need to easily obtain complete and objective information because they must make important decisions that will affect the entire country. Blocking access impedes their ability to discharge their responsibilities.

Overall, the comprehensive secrecy report concludes the administration has exhibited a clear and consistent pattern of restricting public access and increasing government secrecy. The cumulative result is an unprecedented assault on the principle of open government.

Waxman also introduced new legislation to coincide with the secrecy report, described in a related story.