TRANSPARENCY, DECLASSIFICATION, AND THE OBAMA PRESIDENCY
Lee White | Sep 1, 2012
On January 21, 2009, stating, "My Administration is committed to creating an unprecedented level of openness in Government," President Barack Obama announced a sweeping series of transparency reforms.
In its first year, the Obama dministration implemented a host of policy changes designed to deliver on that promise.
In one of his first official acts, President Barack Obama revoked the Bush administration's Executive Order (EO) 13233. The Bush EO severely limited access by the public to presidential records and gave former presidents, their heirs and, for the first time vice presidents, the ability to delay or prevent the release of records.
In addition to revoking President Bush's executive order on presidential records, the President issued a Presidential Memorandum on Transparency and Open Government, and a Presidential Memorandum on the Freedom of Information Act (FOIA), directing all members of his administration to operate under principles of openness and transparency.
On March 19, 2009, Attorney General Eric Holder issued comprehensive new Freedom of Information Act (FOIA) guidelines that direct all executive branch departments and agencies to apply a presumption of openness when administering the FOIA.
The memo rescinded the guidelines issued in 2001 during the Bush administration, by former Attorney General John Ashcroft. The Ashcroft FOIA Memorandum established a "sound legal basis" standard. Under this standard, agencies were required to reach the judgment that their use of a FOIA exemption was on sound footing, both factually and legally, whenever they withhold requested information. The Ashcroft guidelines had the practical effect of encouraging a presumption against releasing any questionable materials.
On December 8, 2009, the White House issued an Open Government Directive requiring federal agencies to take immediate, specific steps to open their operations up to the public. In addition to the directive, the Administration released the "Open Government Progress Report to the American People"—an analysis of the steps already taken to increase transparency and plans for future initiatives.
On December 29, 2009, the President issued Executive Order 13526 to significantly improve the system for classifying, safeguarding, and declassifying national security information, including the establishment of the National Declassification Center within the National Archives to conduct a unified and efficient declassification review of historically important older records. The President also issued a memo to the heads of federal agencies highlighting the importance of implementing these changes promptly and effectively.
Despite the issuance of these numerous executive orders and directives, as President Obama nears the end of his first term, how well has he done in meeting the commitment he made that his administration the most open, transparent and accountable in history?
On August 3, 2012, the Washington Post published an article entitled, "Obama administration struggles to live up to its own transparency promises." The Post concluded, "Three years later, new evidence suggests that administration officials have struggled to overturn the long-standing culture of secrecy in Washington. Some of these high-profile transparency measures have stalled, and by some measures the government is keeping more secrets than before."
For example, the National Declassification Center (NDC) was tasked by the Administration with reviewing and declassifying a 371 million-page backlog of records by December 2013. A recent status report shows the NDC will be hard pressed to come close to meeting that deadline. As of June 30, 2012, only 51.1 million pages have completed all processing and of that number 41.8 million pages have been released to the public.
The Post also found that there was initially improvement by federal agencies in the number of FOIA requests that were granted in 2010 and that backlogs of requests had decreased. But in 2011, the trend reversed with agencies denial of requests increasing by 10 percent…..
https://www.historians.org/research-and-publications/perspectives-on-history/september-2012/transparency-declassification-and-the-obama-presidency