Truly open government

Wednesday, March 25, 2009 | 2:07 a.m.

By law, the U.S. attorney general is required to “encourage” federal agencies to comply with the Freedom of Information Act, which mandates disclosure of certain government documents.

That may be news to anyone who tried to get information from the secretive Bush administration. An infamous 2001 policy memo by then-Attorney General John Ashcroft gave agencies wide discretion to fight public records requests and said the Justice Department would support them in doing so.

Attorney General Eric Holder issued a memo last week reversing the Bush policy. Reiterating President Barack Obama’s statement that there be a presumption of openness regarding public documents, Holder said an agency “should not withhold information simply because it may do so legally.” He added that even when privacy concerns or the law dictates withholding records, the government “must consider whether it can make a partial disclosure.”

That alone is a breath of fresh air after eight years of routine denials of requests for public information, and the policy opens the door for broad public access to government records.

Holder said the Justice Department’s pending lawsuits regarding public records should be reviewed in light of the new policy, meaning some cases may be resolved without further litigation. He also said agencies would be “fully accountable” for fulfilling the requirements of the Freedom of Information Act.

Holder also called for strengthening the offices that handle public records requests so those requests can be quickly fulfilled. In many cases, it now takes years for a response, and government agencies have backlogs of requests.

“Unnecessary bureaucratic hurdles have no place in the ‘new era of open government’ that the president has proclaimed,” Holder wrote.

Holder also called on agencies to “readily and systematically post information online in advance of any public request.”

This policy sets a new benchmark for government openness and goes a long way toward restoring the intent of the law. After eight years of being told to say “no,” bureaucrats may find it difficult, but they should quickly embrace the new policy.