How Fast Are You?

Holy FIOA request Batman! Quoth President Obama (emphasis mine):

The directives I am giving my administration today on how to interpret the Freedom of Information Act will do just that. For a long time now, there’s been too much secrecy in this city. 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.

To be sure, issues like personal privacy and national security must be treated with the care they demand. But the mere fact that you have the legal power to keep something secret does not mean you should always use it. The Freedom of Information Act is perhaps the most powerful instrument we have for making our government honest and transparent, and of holding it accountable. And I expect members of my administration not simply to live up to the letter but also the spirit of this law.

I will also hold myself as President to a new standard of openness. Going forward, anytime the American people want to know something that I or a former President wants to withhold, we will have to consult with the Attorney General and the White House Counsel, whose business it is to ensure compliance with the rule of law. Information will not be withheld just because I say so. It will be withheld because a separate authority believes my request is well grounded in the Constitution.

Let me say it as simply as I can: Transparency and the rule of law will be the touchstones of this presidency.

That’s it. Everyone give President Obama a big hug next time you see him.¹

Contrast this with Bush’s eleventh hour (well, 69,911th hour) douchery:

With a mere 64 minutes left in its last full day in office, the Bush administration asked a federal judge to stay enforcement of a  ruling that would keep alive a lawsuit which tests whether the president can bypass the Congress and eavesdrop on Americans without warrants.

…the Bush administration sought to prevent the disclosure of a Top Secret document at the center of a closely watched spy case, a document Walker ruled could be admitted.

The suit involves two American lawyers who the Treasury Department accidentally gave a Top Secret document in 2004 showing they were illegally eavesdropped on by the government when working for a now-defunct Islamic charity that year.

Those few sentences touch on a lot that was wrong with the Bush administration. I’m really, really glad to see the back of him.

UPDATE: The official Presidential Memorandum has been published by the White House, and it’s exactly what was promised, plus a bit more (again, emphasis mine):

The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public.

All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. The presumption of disclosure should be applied to all decisions involving FOIA.

The presumption of disclosure also means that agencies should take affirmative steps to make information public. They should not wait for specific requests from the public. All agencies should use modern technology to inform citizens about what is known and done by their Government. Disclosure should be timely.

via 27b/6, aka Threat Level (like the old name better.)