Will the Government Be Allowed to Lie About a Document’s Existence?
- Posted on October 26, 2011 at 12:30am by
Liz Klimas
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Recall, the newly inaugurated President Barack Obama emphasizing the importance of a transparent government, even noting the Freedom of Information Act as integral in promoting this openness. Fast forward to March 2011, when draft revisions to FOIA were published and then to these last few months when the revisions were reopened for public comment: one of the revisions proposed by the Justice Department would allow federal agencies to lie about a document’s existence.
FOIA requests can be made by citizens and reporters to disclose information controlled by the government. The section in the revisions coming under fire by civil liberties groups reads as follows:
When a component applies an exclusion to exclude record from the requirements of the FOIA pursuant to 5 U.S.C. 552(C), the component utilizing the exclusion will respond to the request as if the excluded records did not exist.
The Daily Caller has more on the story:
In a public comment regarding the rule change, the [American Civil Liberties Union], along with Citizens for Responsibility and Ethics in Washington (CREW) and OpenTheGovernment.org, said the move “will dramatically undermine government integrity by allowing a law designed to provide public access to government information to be twisted to permit federal law enforcement agencies to actively lie to the American people.”
Anne Weismann, the chief counsel of CREW, said the Justice Department has a legitimate purpose behind the rules: to protect sensitive information about ongoing investigations. However, she said lying about the records “is an overbroad and improper response.”
Usually, an exemption is cited as a reason for denying disclosure to a government controlled document, the person using FOIA could sue to try and receive the information. But if they are told the document doesn’t exist in the first place, they will have no grounds.
Wired, in its report, states that judges are already lenient in some cases when lies are told over FOIA cases:
Consider that, two weeks ago, a federal judge decided not to hold the CIA in contempt for destroying videotapes of detainee interrogations that included the use of a torture technique known as waterboarding, ruling instead that the spy agency merely committed “transgressions” for its failure to abide by his court order in a FOIA case brought by the ACLU.
Punishing the Central Intelligence Agency, U.S. District Judge Alvin Hellerstein of New York ruled, “would serve no beneficial purpose” because CIA officials responsible for producing the tapes might “not have been aware of the videotapes’ existence before they were destroyed.”
In April, a federal judge simply chastised the government for withholding documents in another ACLU public-records case, ruling the government cannot “mislead the court.”
Current FOIA practice, according to Wired, allows the government to “neither confirm nor deny” a document’s existence for matters that involve national security.
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Comments (89)
Moozmom
Posted on October 26, 2011 at 7:47amCommunism, Marxism, and Islamic belief system.
Report Post »NewLife56
Posted on October 26, 2011 at 7:20amI miss the United States Of America. 200 years old and Obama tears it apart in just 2 years.
Report Post »lovenfl3
Posted on October 26, 2011 at 7:23amAnd if we don’t get these people out of here in 2012, we sadly may never see her again.
Report Post »http://www.youtube.com/watch?v=ss_HvByUxVg
jens63
Posted on October 26, 2011 at 7:41amYouall are still counting too much on the next election, what if the next election doesn’t happen?
Report Post »IAMMADDOG
Posted on October 26, 2011 at 7:44amThen we WILL see civil war.
Report Post »Detroit paperboy
Posted on October 26, 2011 at 7:47amHave faith people, our founding fathers gave us the tools to change this….. Vote 2012
Report Post »dmforman
Posted on October 26, 2011 at 8:16amIt hasn’t all happened in 3 years, it’s been slow progress, that sped up since Obama got into office. Unless a Washington outsider is elected in 2012, than we have no chance to go back to the country that our founding fathers wanted.
Report Post »Dahart
Posted on October 26, 2011 at 8:22amNo surprises here….did you see what the FBI just released on John Murtha
Report Post »http://nation.foxnews.com/john-murtha/2011/10/25/roll-call-fbi-saw-dark-side-rep-john-murtha
lillymckim
Posted on October 26, 2011 at 8:36amHow timely… Fast and Furious?
Report Post »lillymckim
Posted on October 26, 2011 at 8:38am@ Detroit paper boy
Report Post »yes, we have the tools but for how much longer with the fraud at the voting booth and our own congress funding them with our tax money?
Jim in Houston
Posted on October 26, 2011 at 8:49amjens63: If O’Blamer tries Marshall Law, it will be all out war! We the people and our military will not stand for such a thing. Most of the military hate his stinking guts.
Report Post »techengineer11
Posted on October 26, 2011 at 9:12amOh don’t kid yourself.. It’s certainly not all Obama.. He’s only a small part of it.
Ron Paul is the only candidate who will advocate for Liberty. Consider him. He may the last hope for the US.
Report Post »V-MAN MACE
Posted on October 26, 2011 at 9:23amBush helped destroy America with his 8 years of false-flag terror, and the unconstitutional laws that followed from HIM and his fellow war criminal Cheney…..
Warmonger Obama just continued Bush’s preemptive war strategy under the weak veneer of “humanitarian aid”.
But how’s that cognitive dissonance for neocons? Still love Bush, don‘t y’all?
Karl Rove has fried neocon brains.
Report Post »Morris
Posted on October 26, 2011 at 9:29amThe great Dictatorship of Dictator Barack Hussein Obama our Muslim-in-Chief!
Report Post »This is the way that this sob is running our America into the ground,He and all of his Administration
are out to lie ,cheat, steal, kill, do whatever they have to do to pull a snow job on “WE THE PEOPLE”,
The American citizens of the United States Of America!
This Mexican Muslim Loving Admin.,is working with “CAIR”,Saudi Arabia,The Muslim Brotherhood,
George Soros,and the Corrupt unions to destroy our Republic our America!
Dictator Obama want to turn our America into a ISLAMIC MUSLIM COUNTRY, He is working
with all of these SATAN BASTARDS to turn our America into his “MUSLIM TOTAL WORLD DOMINATION”,To be run by Dictator Barack Hussein Obama and the MUSLIM BROTHERHOOD!
America “CAIR” Is a front for the ISLAMIC MUSLIM BARBARIC SATAN BASTARDS THAT
ARE OUT TO TAKE OVER OUR USA, WITH THE HELP OF DICTATOR BARACK HUSSEIN OBAMA,THANKS TO OBAMA “CAIR” NOW HAS A OFFICE IN OUR OWN WHITEHOUSE,
AMERICA DICTATOR OBAMA AND THE “CAIR” ISLAMIC MUSLIM BASTARDS ARE OUT TO DESTROY OUR COUNTRY!
The Dictator Obamas Satan Muslims are INFILTRATING into our Goverment, Obama is setting them up with jobs in our Goverment, Obama is also setting up Muslims in our court systems!
Dictator Obama has put our country into “FINANCIAL DISASTER”, He now has his Protesters in our
streets ,and he wants BLOOD TO FLOW IN OUR STREETS!!
AMERICA, IMPEACH THIS MUSLIM DICTATOR BARACK HUSSEIN OBAMA,SAVE OUR AMERICA!
JMorcan
Posted on October 26, 2011 at 9:33amIt had to happen sooner or later; government institutions subverting the law in order to protect their own. This is not a democracy.
Report Post »obama-mecca-me-sick
Posted on October 26, 2011 at 9:55am@JENS63 & IMAMADDOG
Report Post »And then we will see the starvation of countless Americans Mao Zedung style. This administration idolizes Maoism and has used Alinsky philosophy to put it in place. They have all their useful idiots in the street causing the choas to declare Martial Law. I also believe there will be no election. Obama cant win in 2012 and the progressives are too close to their dream to let it slip through their commie little fingers.
motonutt
Posted on October 26, 2011 at 11:14amThis is just another sign that satan is completely taking over our government. Lieing is the norm.
Report Post »This is a spiritual takeover, and it’s not good. obama and his administration have gotten to the point that they don’t even try to hide the fact that they are corrupt. They’re attitude is in your face, and what are you going to do about it.
Junter
Posted on October 26, 2011 at 11:42amAgreed. Impeach our Spender in Chief before it’s too late.
Report Post »motonutt
Posted on October 26, 2011 at 12:22pm@V-MAN…..? What are you doing here this morning….I figured you’d be down at ground zero Oakland fighting the “pig’s”……In fact I thought that may have been you in the photo for the news story here on The Blaze.
Report Post »banjarmon
Posted on October 26, 2011 at 12:24pmIt will be TIME for WE The PEOPLE to surround Washington and FIGHT for OUR FREEDOMS!!!!
Report Post »V-MAN MACE
Posted on October 26, 2011 at 1:33pmMotonutt
I’m nonplussed by your insignificant drivel. I’m not a yellow-bellied coward who licks Nazi jackboots.
Are you?
Because if you are, stay far away from me and my firearms for your safety.
Report Post »Pillar of Fire
Posted on October 26, 2011 at 1:36pmTAQIYYA or taqiyya: look it up. Do your homework, people!
http://www.youtube.com/watch?v=CvlvS2a2AVE
Report Post »Snowleopard {gallery of cat folks}
Posted on October 26, 2011 at 7:09amOne more example of a massive coverup from the Obama administration; keep people ignorant and use the conspiracy theories to discredit them…and keep all their activities as transparent as a block of marble.
Report Post »RichNGadsden
Posted on October 26, 2011 at 7:18amI can just hear Holder now: “Whew, just in time to stop any more Fast & Furious information….and all that other crap that is about to hit the fan!” Snow, you are so dead on, and given even more time, the 0bama Administration will add a lead shield to that block of marble.
Report Post »Bill Rowland
Posted on October 26, 2011 at 8:13amYou have a choice to make – Is a) Holder or b) Obumbler the biggest liar. Obumbler tell more lies because he gets more TV time. Holder tells some of the biggest “I didn’t know about Fast and Furious until a few weeks ago.
Now they are trying to make what they do everyday legal – What big eyes you have, grandma.
OMG
Report Post »rodamaa
Posted on October 26, 2011 at 8:49amSnow,
No one buys that crap anymore. Everyone I talk to hates the guy. We need to turn up the heat and hope the nation last long enough for us to do something about it.
Report Post »billwhit1357
Posted on October 26, 2011 at 6:39amYes He Can! This is the Change the A$$wipe, Hussein, was talking about! Transparency my rear! The current President and all is staff and administration cannot be TRUSTED! I would not leave any of my grandchildren, for two minutes, in the hands of Obama or his wife, I don’t trust them at all! Obama posted a Fake BC but lets say he is truly an American. The Facts: He was not raised in American, during his Formable Years, but in Islamic lands. That is when a child learns the core of his being, the rights, the wrongs, what is true, what is not, honesty, honor, integrity, dignity. Obama learned none of these basic American Values, thus, he is what he is, someone never to be trusted, who had never acheived anything, never had any kind of record, nothing, but he did BS a majority of Americans to vote for him. He can talk, he just can’t walk the walk. I was a Lifelong Democrat in 2008, until Obama showed up. I vote for Record and Acomplishments, not for BS and Hot Air.
Report Post »Dustyluv
Posted on October 26, 2011 at 6:52amI had a feeling the Birthers would come out for this headline LOL
Report Post »Bigger fish to fry now…let it die Rick.
dpselfe
Posted on October 26, 2011 at 7:13amI will accept the BC as genuine, but still question the source for his SS number. It is unusual for a man born in Hawaii to be issued a SS number typically issued to a man born in Connecticut. The first numbers in the series typically denote the region of the country in which the citizen resides. Mine for example starts with “02”. This is becuase I was born in a city in the Northeast. My daughter on the other hand was born in VA, and has a “23” as the first 2 numbers. Obama’s starts with “042” which is consistant with a CT application address. Here’s the story at WND.com:
http://www.wnd.com/?pageId=152773
You read it and decide. Something is rotten in Denmark, and it’s not the IOC!
Report Post »dpselfe
Posted on October 26, 2011 at 7:16amObama used this number 042-68-4425 on his selective service application.
Report Post »1956
Posted on October 26, 2011 at 6:36amThe smell of fascism is in the air. Everybody breathe deeply – this won’t hurt a bit.
I’m so sick of of this administration and its lies, deception and ineptness.
Report Post »garyM
Posted on October 26, 2011 at 6:35amYou mean will it be made to be legal, Eric Holder already soes it!
Report Post »grudgywoof
Posted on October 26, 2011 at 6:19amI heard that this has been the policy for years and they are just now owning up to it. They just are so brazen now because there is no accountability. They own the press and they can hose up the legal process indefinately so what do they have to fear. Folks we are screwed.
Report Post »Workforit
Posted on October 26, 2011 at 5:34amThe only difference I can see between
Bush (Sr.)… Bush (Jr.)… Clinton…(Both of them)… and Obama…. is the degree in the amount of sun they get.. The scams are the same, year after year. Obama is just bolder, braver and had a ton of ground work laid for him… let’s say 20, 30 years worth… Law, regulation, guidelines… It should be no surprise.
The Obama administration is the most corrupt, bold group of individuals to hold public office in the united states in a a generation. That also includes “Slick Willie” and company… Don’t tell me you have forgotten already?
Report Post »loriann12
Posted on October 26, 2011 at 6:31amI just hope enough Americans have awoken. I’m seeing things I never would have dreamed possible. I’m beginning to agree that the real last patriot president we had was Ronald Reagan. ALL the rest have been progressive to a degree. I read someone who said the difference between a Republican progressive and a Democrat progressive is that at least the Republican has national pride, instead of globalism. But really, what’s the difference? Most of Congress IS the elite, and don’t really want to give that up. If they want to impress me, let them volunteer a salary cut of 10% a year until they’re getting paid what a military person gets. They can come in as getting the pay of, say an E-6 and the longer they’re in, the closer they get to officer pay. And let the retirement be the same as a military person….no full benefits, and only the full half benefits if they’ve been in office for at least 20 years. My husband spent 20 years in the navy and we get $1,371 a month. Let’s see them survive on that.
Report Post »NUTN2SAY
Posted on October 26, 2011 at 9:48amYes, when it comes to politics there is no difference between past presidents. But, Obama was a game changer!
Please do some research on the internet for your self. Don’t listen to the lies political pundits are lying to you about when it comes to Obama being a legal president. He isn’t!
Please Google Morrison R. Waite. This is something Glenn Beck should be telling you to do but isn’t.
Morrison R. Waite is the seventh United States Supreme Court Chief Justice. In the 1874 SCOTUS case of Minor v Happersett, Waite provides the original intent of America’s Founding Fathers NATURAL BORN CITIZEN clause which is to be born to a mother and father both of whom were U.S. citizens at the time of birth. America’s Founding Fathers wanted president to be home grown ALL AMERICAN and not some anti-America dual citizen! Obama’s father was never a U.S. citizen making Obama an illegal president who has the treasonous backing of all political pundits here in America which includes Glen Beck!
Waite is on America’s Historical Record contradicting the MSM lie of all one needs to be a president is a birth certificate which is never never mentioned in the Constitution!
Also, the Founding fathers established in Article 2 Section 1 two classes of citizen. The Natural Born Citizen which is exclusively reserved for the Office of the President (and is currently in violation of) and the citizen which applies to everything else!
Please research, what I say is true on your own
Report Post »NOBALONEY
Posted on October 26, 2011 at 5:05amTransparency, another Obama lie!
Report Post »Cobra Blue
Posted on October 26, 2011 at 5:30amTruth is not in the vocabulary of this adminsitration. Half-truths are common place will all politicians. I have no faith in any of them…no matter the party affiliation. Self-reliance is the operative word. Politicians are not the answer to our country’s problems…they are the cause.
Report Post »UPSETVET
Posted on October 26, 2011 at 1:08pmMost Americans know that there are suspicious indiscretions in relation to President Barack Hussein Obama. They should be investigaterd and dealt with adequately. However the DOJ, Congress, Senate and the Supreme Court refuse to do anything. Are they all co-conspirators? Evidently they are.
These are the government agencies that have the legal authority and responsibility to correct the wrongs. They’re not taking the iniciative. Why? Somehting is rotten in Denmark and even more rotten in the Whitehouse. Investigate and prosecute now.
Report Post »Ron Staiger
Posted on October 26, 2011 at 4:57amUnder obama the“Freedom of Information Act” becomes the “Go Ahead and Ask But We Won’t Tell”.
Report Post »You expected something more from a marxist, racist thug?
Dustyluv
Posted on October 26, 2011 at 6:53amI’m sorry, but your papers don’t seem to be in order. Would you please come with us?
Report Post »tomloy
Posted on October 26, 2011 at 3:31amI don’t trust the Feds one iota, especially when they tell us they are going to lie. I always assumed everything they said was a lie anyway.
Report Post »StupidTeaBagger
Posted on October 26, 2011 at 3:16amThey do what they do because there’s nothing stopping them. Not their oath of office, not the Constitution, not the 10 commandments, not the Judiciary, not the law of the land, not their fellow congressmen and saddest of all, not the voters. The end of America has arrived!
Report Post »Founding Father2
Posted on October 26, 2011 at 2:47amWATCH OUT… for the guy walking through NY cutting parking meters in half when there is a dispute: http://www.americanparchment.com/video/2011/oct/crazy_cuts_meter.html
Report Post »c0mm0nsense
Posted on October 26, 2011 at 8:01amNow thats what I call “ In your face” and “ Bold ”
Report Post »christianUSA
Posted on October 26, 2011 at 2:35amOpinion: daily the US laws and rules are slipping into kgp police state behavior like this; most people are so busy with multiply underpaid jobs or lack of job and are overly trusting the govnm that they are completely unaware of the many gross stripping of rights and freedom that been going on nationally and locally both by courts, legislated, and admin; there is no need of this secrecy normally used to hide the guilty, many times national security an excuse lie to cover criminal behavior of the powerful. Like Why the media kill switch is being tested that they deigned existed before?!
Report Post »jmbogstad
Posted on October 26, 2011 at 2:21amGovernment does not lie. Only people lie. Government is not evil. Only people are evil.
Report Post »VegasGuy
Posted on October 26, 2011 at 2:15amHolder is gearing up to cover up his and Obama’s involvement in the Fast & Furious debacle.
Report Post »teapartyconservatism
Posted on October 26, 2011 at 2:03amObama’s purported birth certificate alleging “where” he was born, also indicates his parent’s citizenship “when” he was born. These equally important vital “facts” are now beyond Obama’s ability to refute, alter or hide! Unless it’s a fake, the inescapable truth is that his Kenyan father absolutely precludes Obama from being an eligible natural born citizen!
Please don’t let the media or uninformed conservative talk radio or TV hosts, dissuade you from seeking truth and justice as you strive to be an informed voter. Let their credibility suffer by inaction, and not your life! Don’t risk Obama being reelected by the misled masses.
Initiate a local Tea Party petition asking your county sheriff, sworn and empowered to enforce the law of the land, to investigate and subpoena the original HI records for forensic analysis and comparison to Obama’s fraudulent birth certificate and social security number, as alleged by experts.
Demand Congress and the presidential candidates who now each have automatic standing, to file suite against Obama for fraud and failure to qualify as a natural born citizen, meaning born in the US to TWO US citizen parents, as required of the President by the Constitution!
It costs nothing to learn why a “natural born citizen” is not the same thing as a citizen, but it could cost you everything if you don’t.
How to know the truth and remove Obama from office now!
Report Post »http://www.ObamaBirthCertificate.net
NUTN2SAY
Posted on October 26, 2011 at 5:08amWhy are most people obsessed with this stupid birth certificate? The birth certificate is irrelevant and does not matter! The Constitution says absolutely nothing about a birth certificate!
What does matter and people need to and must tell Glenn Beck about it, because with all of the people conducting historical research for him, can’t seem to find it on the internet is this…..The seventh United States Supreme Court Chief Justice, MORRISON R. WAITE says Obama is a USURPER! Morrison R. Waite says that the original intent of the Constitution’s Natural Born Citizen clause is to be born to a mother and father both of whom are U.S. citizens! Obama’s father was never a U.S. citizen!
The political pundits of America are traitors to America for their deliberate and intentional intent of misleading people into thinking that all that is needed to be a president is a stupid birth certificate.
When America has all political pundits, whether right or left, working in lockstep together to cover up a violation of U.S. Constitutional Law…..well folks, America has a very serious problem on it’s hands that is much bigger than Obama the usurper himself!
This is the stuff civil wars are made of!
Report Post »Dismayed Veteran
Posted on October 26, 2011 at 2:03pmI doesn’t matter. If we got rid of him today, all the anti-American acts he has taken are there and implemented. We can’t turn back the hands of time. All we can do is elect people who will repeal those actions.
Report Post »lukerw
Posted on October 26, 2011 at 1:22amAre you kidding… ever read the Warren Report on the Kennedy Assassination… which is at total odds with the Congressional Report? Government does what it wants… and their replacements do not Hang them out of fear of being Hung in turn!
Report Post »scout n ambush
Posted on October 26, 2011 at 12:49amWill the gov’t be allowed to lie … why would they stop now, they will continue if it’s to their advantage and for the advancement of B huisinsane obama agenda.
Report Post »Apple Bite
Posted on October 26, 2011 at 12:46amSIgning this into law goes directly against everything he said before he was elected….
Hey Obama, what happened to all that great TRANSPARENCY you promised back in ‘09?
http://www.youtube.com/watch?v=72g7qmeP1dE
Report Post »Cherynn
Posted on October 26, 2011 at 12:46amAttempts were made to get a reaction from Adolf Hitler but he was not available for comment. Spokesmen on behalf of the Fuehrer said that the leader would probably support such an intiative. Reports also indicate that Joe Stalin has given two thumbs up when asked for reaction. Rumor has it he was quoted as saying “Thats my boy”. So far 2 of histories most successful dictators are on board with the adminstrations new policy. Others predict that in the future we can look forward to an assimilation of the SS into the federal family of law enforcement. Exciting news indeed, we hope this was the change you were looking for.
Report Post »korbin
Posted on October 26, 2011 at 12:43amThey all need to go, no more discussion. Obvious this Government hides behind the integrity of Real men past. Riding the coat tails of our founding fathers all the while behind the scenes Lying, corruption, deception, misleading, thieving. Not one government official can be trusted. They are all lyres, why do you think with all the technology out there they won’t allow “lie detectors to be used in court” every last one of them would fail. Guaranteed. As a local special district employee the lowest level of government you can work in, we have to do background checks, psychological testing, credit checks on and on for every new employee. The standards for high office are such that nothing is required i.e., drug testing background etc. Not a one of them would be hired. I hate them all. Yes all.
Report Post »steveh931
Posted on October 26, 2011 at 12:42amJustice, l.o.l. There hasn’t been any of that out of Washington D.C. for quite some time.
Report Post »pamela kay
Posted on October 26, 2011 at 12:58amYou nailed it!
Report Post »sweetconcern
Posted on October 26, 2011 at 12:41amI think the Gov needs to learn the 10 Commandments. Only a moral people can rule with truth. Looks like our Attorney General has no morals or 10 Commandments. Let us pray for him. thanks just my opinion.
Report Post »BurntHills
Posted on October 26, 2011 at 12:33amobama’s been installing and enabling his private gestapo for almost 3 years, it will take us decades to uncover what that vile animal has done to America. even a shopping center cooler floor is too good for obama.
Report Post »shift
Posted on October 26, 2011 at 12:48amLet‘s not forget that it was Bush that brought us the Patriot act which is just as bad if not worse than this new regulation that has come under Obama’s watch. We have only ourselves to blame.
Report Post »objectivetruth
Posted on October 26, 2011 at 9:05amOh you mean like the fact that any soldier that comes home with a classifyed disease will eventually have it turned around to make it appear as though it were a std in order to torture his daughter or wife.
Report Post »The enemy of the state will do this and our government will back the enemy rather than own soldiers and citizens.Or that soldiers who do stand up to it will be falsely accused of being the enemy or a criminal.Anything to shut them up and allow the torturre to continue,Its of utmost importance that they be allowed to continue undermining america from within and will do every thing in their power to continue to do so.The old scam with a new twist they want protected is where the classified disease is flipped over to CMV.Its the next generations torture plan already laid out.