By The Examiner
Editorial Page
It’s not often that the liberal American Civil Liberties Union and conservative Judicial Watch agree on anything, but the Obama administration’s lack of transparency has brought the two together.
Obama’s Justice Department has proposed a regulatory change that would weaken the Freedom of Information Act. Under the new rules, the government could falsely respond to those who file FOIA requests that a document does not exist if it pertains to an ongoing criminal investigation, concerns a terrorist organization, or a counterintelligence operation involving a foreign nation.
There are two problems with the Obama proposal to allow federal officials to affirmatively assert that a requested document doesn’t exist when it does. First, by not citing a specific exemption allowed under the FOIA as grounds for denying a request, the proposal would cut off a requestor from appealing to the courts.
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