On Day One, Obama Overturns Era of White House Secrecy

By: Mark Fitzgerald In his first full day in office, President Barack Obama issued a memorandum ordering government agencies to examine Freedom of Information Act (FOIA) requests with a bias toward release of the documents -- overturning eight years of a Bush administration directives to find ways not to disclose information.

"For a long time now there's been too much secrecy in this city," Obama said. "The old rules said that if there was a defensible argument for not disclosing something to the American people, then it should not be disclosed. That era is now over. Starting today, every agency and department should know that this administration stands on the side not of those who seek to withhold information, but those who seek to make it known."

Obama's "Presidential Memorandum on Transparency and Open Government" was immediately hailed by open government advocates, including the Sunshine in Government Initiative, an umbrella of media groups including the American Society of Newspaper Editors, The Associated Press, Association of Alternative Newsweeklies, National Newspaper Association, Newspaper Association of America, Reporters Committee for Freedom of the Press and the Society of Professional Journalists.

"It's wonderful that Priority One on Day One for this administration is transparency and restoring public trust," said Rick Blum, the coalition's coordinator. ?Yesterday?s policy of 'When in doubt, leave it out,' today became, 'When it doubt, let it out.' And this policy will help keep the public informed in our technology-driven, connected society. On open government, the dawn is breaking."

Obama's memorandum orders an administration task force to come up with an "Open Government Directive" within 120 days laying out the specifics of the new marching orders on FOIA.

It also orders the attorney general to issue new guidelines favoring disclosure. Under the Bush administration, then-Attorney General John Ashcroft directed agencies to err in favor of non-disclosure -- promising legal backup from the Justice Department.

Obama also signed an "Executive Order on Presidential Records" that removes many of the barriers to public access to documents of past administrations. "This order ends the practice of having others besides the President assert executive privilege for records after an administration ends," a White House press release said.

That's an allusion to the Bush administration's novel interpretation of the Watergate-era law that allowed current and former vice presidents, including George H.W. Bush, to assert executive privilege to bar release of historic documents.

"Now, only the President will have that power, limiting its potential for abuse," the White House said. "And the order also requires the Attorney General and the White House Counsel to review claims of executive privilege about covered records to make sure those claims are fully warranted by the Constitution."

"I will also hold myself, as president, to a new standard of openness," Obama added.