The Freedom of Information Act (FOIA)was signed into law in 1974, mostly as a reaction to the Watergate scandal, and allows the American citizenry to hold its government accountable by requesting access to public documents and records.
On October 12, 2001, Attorney General John Ashcroft issued a memo that was widely ignored by the mainstream press. Ashcroft’s memo encouraged federal agencies to resist most FOIA requests from American citizens.
When Ashcroft’s buried memo is coupled with President Bush’s executive order of November 1, 2001 that allows all presidential records since 1980 to be sealed, the effect is what Ruth Rosen calls “positively chilling” in her San Francisco Chronicle editorial.
Ashcroft’s memo, Rosen writes, asks federal officials to consider whether “institutional, commercial and personal privacy interests could be implicated by disclosure of the information.” Worse, Rosen quotes the Ashcroft memo as saying:
“When you carefully consider FOIA requests and decide to withhold records, in whole or in part, you can be assured that the Department of Justice will defend your decisions unless they lack a sound legal basis or present an unwarranted risk of adverse impact on the ability of other agencies to protect other important records.”
