The Farce That Is FOIA: The State Department Stonewalled The Associated Press For Three Years On Foundation Donor Story

StateDepartmentI recently discussed the implications of Associated Press story on access given to donors to the Clinton Foundation. However, what is not getting much attention is that the Obama Administration delayed these journalist investigators for THREE YEARS in seeking this information from the State Department. Three years and the AP had to go to court to secure what is clearly public information. The Obama Administration is not unique in its resistance to disclosures, even in what President Obama once pledged would be the “most transparent” government in history. FOIA has long been reduced to a farce by bureaucrats who force public interest, journalistic, and legal groups to go to court to secure information. The lack of outrage over what the AP was put through is ample proof that the government has won in harassing efforts to use FOIA. Only the most organized groups tend to persist in such efforts.

Hundreds of FOIA requests directed at the Clinton period at State appear to have been ignored. The Obama Administration had continued its litigate-first approach to FOIA. Indeed, it has asked for years of delay even when pulled into court.

Regardless of how you feel about the findings of the AP, the continued pattern of obstruction of FOIA should outrage all citizens.  FOIA is a critical tool in forcing disclosures by the government.  Elected and appointed officials alike hate the Act because it denies the government control over what voters are seeing and hearing.  When we speak of transparency, FOIA is the eyeglass through which citizens can truly see their government.  The fact that the public just shrugs at the thought of our government obstructing disclosures for three years is ample proof that the government has prevailed in its long effort to suppress the use of FOIA.  Without it, citizens will again be left largely with what leaders choose to disclose in a system of managed information and knowledge.

The AP story should be not just disturbing over what it found but how long it took to find it.

74 thoughts on “The Farce That Is FOIA: The State Department Stonewalled The Associated Press For Three Years On Foundation Donor Story”

  1. I hope Obama spends the rest of his tenure on a golf course where he can’t do any further harm to our civil liberties – like getting the TPP through.

    The FOIA is toothless. Why should a citizen have to go to court to get records? And even then they might not get them.

    Obama has put HRC’s emails relating to the TPP on hold until the end of November.

    Corrupt is corrupt.

  2. This is at wikileaks via the Daily Mail

    “FBI agents’ reports of interviews documenting that Hillary Clinton’s stinging humiliation of her friend and mentor Vince Foster in front of White House aides triggered his suicide a week later are missing from where they should be filed at the National Archives, Daily Mail Online has learned exclusively.
    On two separate occasions, this author visited the National Archives and Records Service in College Park, Md., to review the reports generated by FBI agents assigned to investigate the 1993 death of Bill Clinton’s deputy White House counsel.
    The FBI found that a week before Vince Foster’s suicide, Hillary held a meeting at the White House with Foster and other top aides during which she berated the lawyer
    The FBI found that a week before Vince Foster’s suicide, Hillary held a meeting at the White House with Foster and other top aides during which she berated the lawyer

    On the first visit, archivist David Paynter provided the box of records that he said contained the FBI reports of interviews conducted by FBI agents on Foster’s death.
    On a second visit, archivist James Mathis provided what he said were those same documents.
    While the box contained dozens of FBI reports concerning Foster’s death – including interviews with the medical examiner, U.S. Park Police officers, and White House aides about the contents of Foster’s office – the reports on Hillary Clinton’s role in his death were absent.

    After filing a Freedom of Information request with the National Archives, Martha Murphy, the archives’ public liaison, reported that she directed a senior archivist to conduct a more thorough review of the relevant FBI files, including those that had not been previously made public in response to FOIA requests.
    ‘He examined all eight boxes but found no interviews by any investigator that detail either a meeting between Hillary Clinton and Vince Foster or the effects of a meeting between Hillary Clinton and Vince Foster on Vince Foster’s state of mind,’ Murphy reported in an email.

    ‘We did not limit ourselves to interviews by the two individuals [FBI agents] you mention.’
    While Murphy said the archives searched for ‘the records that would be responsive to your request’ and concluded that they could not be found, when asked for comment, John Valceanu, the archives’ director of communications and marketing, said, ‘We do not agree with your conclusion that the records you requested are missing from the National Archives simply because we were unable to locate any responsive records in response to your request.’

    While confirming that the records could not be located, Valceanu held out the possibility that the FBI interviews were not filed where they should have been and were somewhere else in the more than 3,000 boxes of records amounting to 7.5 million pages generated by the Starr investigation.
    This is not the first time documents related to the Clintons have apparently vanished from the National Archive.”

    Read more: http://www.dailymail.co.uk/news/article-3753013/Missing-FBI-files-linking-Hillary-Clinton-suicide-White-House-counsel-Vince-Foster-vanished-National-Archives.html#ixzz4IMjFUO9n
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    1. 1. Hilligula was a bitch to Vincent Foster at a meeting.

      2. Vincent Foster committed suicide some time later.

      3. Someone at the National Archives,or a patron using the files misplaced something. Alternatively, someone sneaked documents out in his socks, FWER. Alternatively, their memory is playing tricks on them and they never saw such documents to begin with because they never existed.

      None of this is sinister.

  3. This article is ridiculous. Obama has always been perfectly transparent about everything in his administration. Unfortunately, it’s his administration that is completely opaque. And if you want to blame Obama for what his own administration does, then you are clearly a racist.

    1. Ralph – I have to agree with Ralph. Butter wouldn’t melt in Obama’s mouth, he is without sin.

  4. It appears that the only people entitled to FOIA are those with enough funds to wage a lengthy court battle, in which case time sensitize material may be irrelevant anyway.

    We have created a wealthy, unaccountable, above the law government ruling class. And the sycophants yawn at what would create hysteria should the Koch Brothers be involved.

    Such is the case with banana republics.

  5. One thing we could do is insist that FOIA requests be routed through and considered by a stand-alone ombudsman’s corps. Said corps would also have the authority, or the authority as part of a commission, to institute records-preservation protocols and to sanction non-compliant personnel.

  6. “A new analysis of federal data by the Associated Press says that the Obama administration has set a record for “censoring” or “outright denying access” to government files requested under the Freedom of Information Act. Photo by Brendan Smialowski/Getty Images

    WASHINGTON — The Obama administration set a record again for censoring government files or outright denying access to them last year under the U.S. Freedom of Information Act, according to a new analysis of federal data by The Associated Press.

    The government took longer to turn over files when it provided any, said more regularly that it couldn’t find documents and refused a record number of times to turn over files quickly that might be especially newsworthy.

    It also acknowledged in nearly 1 in 3 cases that its initial decisions to withhold or censor records were improper under the law — but only when it was challenged.

    Its backlog of unanswered requests at year’s end grew remarkably by 55 percent to more than 200,000. It also cut by 375, or about 9 percent, the number of full-time employees across government paid to look for records. That was the fewest number of employees working on the issue in five years.”

    http://www.pbs.org/newshour/rundown/obama-administration-sets-new-record-withholding-foia-requests/

    We don’t understand what the govt. is doing. This should not be acceptable to citizens.

  7. Obama’s promise of transparency was clearly a lie. And he wonders out loud why the people have become so cynical of their government. Next up for the job is Hillary and we already know about her desire for transparency and good government.

  8. FOIA & written minutes of the meeting are being replaced by video & audio

    Here’s a 1992 video of George Bush vomiting on the Prime Minister of Japan.
    Bush recovers & raises his arm in victory.

  9. I am really happy that this is, as promised, the most open Administration in history. On Feb. 2014, he repeated his claim “This is the most transparent administration in history,” Obama said during a Google Plus “Fireside” Hangout.
    From my perspective, this is hardly true.

    CHANGE YOU CAN BELIEVE IN

    1. I doubt BO has any sense of shame which an ordinary person would experience upon a demonstration he’d been lying. BO just thinks you’re trash-taking him.

  10. Someone above recited (as if in Church) that the govvernment is sitting on over 15,000 emails of Hillary Clinton.
    Well: First, your concern is that Hillary put confidential information on her emails.
    Second, so why should the government release confidential information?

    All you are going to learn is that Hillary said mean thngs about the cuisine at the Saudi Embassy after a lunch there or that Putin’s kids are ugly.

    Regarding this topic on the FOIA:
    The FOIA is the Freedom of Information Act. There are ways in which citizens can obtain information held by the government. Yeah, sometimes a citizen has to go to court.
    Jeso: this article is lame and mundane. Lemonaide in the shade.

    1. BLM Dog:

      Your statement: “Yeah, sometimes a citizen has to go to court.” is almost unbelievably naive (or perhaps offensively cynical).

      Have you ever gone to court?

      It takes money – a lot of it.

      It takes time – most us have a life that doesn’t allow the hundreds of hours that a law suit demands.

      It takes energy/passion/anger – the kind of energy that only a zealot can bring to a cause.

      Once we have to file a lawsuit to exercise our rights, government has won – most of us will not exercise those rights.

      Only by putting teeth into FOIA non-compliance (perhaps similar to a 1983 action) can an ordinary citizen have his rights protected.

    2. BLM Dog – the State Dept has been slow-walking or ignoring FOIA requests. They do it regularly. In my memory, the Clintons started this with Travelgate and minions have picked up the banner.

  11. Yeah, let’s elect Trump. He won’t even release his tax returns, is a pathological liar-one that lies even when it would be more advantageous to tell the truth, has next to no idea what the country needs or wants other than to fuel the mindless ranting and raving of the malcontents. What Obama has been doing is following the same performance of those who attain power, staying in power. The laws and policing that will change this must come from below. Once someone is in a position of power the absolute last thing they will do is allow any involvement they deem threatening. It is the nature of the beast. It is a fool’s errand to blame the beast.

    Defeat Clinton, elect Trump. Someone has been drinking the, whatever……

    1. John Zaccaro preferred to keep his own tax returns and financial data confidential, because, his wife explained, it hurts your competitive position in the real estate business when people know what you have and what you owe. And, of course, his business affairs were the source of much distraction at the time. The two shady things discovered were that he inflated by a factor of 6 his net worth in disclosures during negotiations re one deal (the deal fell through so the counter-party was not actually injured, just lied to) and that now and again gangsters rented space from him (which isn’t unethical per se as long as the space isn’t a redoubt for crime but did raise questions about why they wanted him as a landlord).

      1. Art Deco – Donald Trump filled out long extended financial discovery forms which he filed. It was enough that the NYT could determine his debt level. The problem they found was that he has so many entities using his name that it was hard to find a form that actually fit his lifestyle. They did say that Trump probably over exposed information in some areas.

    2. Issac,

      You have an amalgam of ideas here which are in contradiction to each other. Some information is not accurate. Obama has not only followed his predecessors, he has out done them (see link below) But then no one is responsible for what they do when they are in power. Only people from below can make change.

      Why are people from below able to be accountable but people who are breaking the laws while holding high office not accountable for Their actions?

      At the same time you accuse people who support Trump of drinking….? This set of ideas makes no sense. Why does it even matter who is in office since once in office, nothing any longer becomes their fault?

      I think we most certain should hold powerful people accountable for their actions. While I agree that this is the case right now, it is not acceptable or necessary. As you say, change will need to come from below. That would start with citizens disallowing a free-pass to powerful people’s crimes.

      1. Jill

        Obama was placed in a position where he was forced to work with the Democrats and/or by himself, only. This was the result of the Republicans refusing to work with him on anything for no reason other than to obstruct his Presidency. This is historical fact from the mouths of the Republican leaders themselves. You can google this on any newspaper. It has gone on for almost eight years and caused the shutting down of the government and other shameful acts. Republicans have attempted to overshadow their shame of the Bush administration by yelling and screaming about Obama and obstructing every inch of the way. Obama has done a Yeoman’s job given the circumstances. Take a moment to journey through recent history.

        Now, read carefully. This does not explain or excuse Obama’s performance regarding all that he has been accused of by his adversaries, those that have substance as well as those that are simply naysayers. However, it does explain much of it. Again, Obama has been and is being no different than those that preceded him and those that are in power today in and around him on both sides of the aisle.

        This activity will only change with the quality of elected officials. The quality of elected official is dependent on the quality of candidate. The choice of candidate is almost entirely if not entirely given by concentrated wealth and special interests. The first step in changing the dysfunctional American system of procuring its leaders is to eliminate private funding other than an equal amount based on the lowest amount, per citizen, with funding for an objective system made by the government. It works for our peer nations and they all have governments that are vastly more democratically elected than we. There will always be special interests and concentrated influence in any country’s elections. However, nowhere in the our Western world is there a country that is as complete an oligarchy as the US.

        In our peer nations can be found more than two parties with which to identify. Most have a minimum of four political parties. In these peer nations private concentrated wealth and special interests are minimal. In our peer nations elected officials are elected through a process that takes a few months, not two years. In the US it is a two year comedy, farce, shame. In Canada and Great Britain, candidates receive funding based on following, media exposure, and other elements of an election, from the government. In America it is a private business. Ask yourself if electing the leaders of the government should be organized, paid for, and controlled by the government, i.e.. the people, or by GM, GE, Carrier, or any of the other companies that have taken momentum and technology that is rightfully the property of the American worker, and sold it to the highest bidder overseas in order to obtain billions in bonuses and shareholder profits? The erosion of the middle class manufacturing sector of the US is a direct result of American corporations being allowed to sell off American wealth to pad their accounts, globally. What Americans seem to fail to understand is that all that comes from this country belongs to and is the product of its people, not corporate or shareholders, where ever they may be.

        China has a 70% built in China rule. This is the rule that is responsible for GE exporting American technology to China that China revamps and sells back to the US in the form of products at the expense of the American middle class worker. Germany runs on the ‘Holy Trinity’ of Labor, Corporate, and Government. When decisions are made all three are involved as when a company affects the lives of 5,000 workers they affect the lives of 50,000 citizens. America is ideologically adverse to cooperating with itself. Both the Republican and the Democrat parties are to blame but historically the greatest obstruction to uniting the three aspects of a country and working together has come from the Republican party. Trump, for all his lies-and they have been proven to be lies, will be working from the singular perspective of corporate. His entire history proves this. Are people so angry that they will believe the fox as he explains, contradicts, lies, and barks that he is the best one to guard the hen house? It is just that simple.

        Americans’ strengths come from her ideological origins. Unfortunately these ideologies have been perverted over time. Today is next to nothing like what was imagined by the founding fathers. They would be ashamed.

        Regarding drinking, it was a feeble attempt at referencing some of the bloggers that reflect on their adversaries having drunk the cool aid, whatever that means. So, read more carefully and give it a thought.

        1. Issac,

          You have several facts wrong in your reply: 1. Obama had a Democratic congress to work with for two years and they did not “change course” from Bush.

          2. If you look carefully, Obama and the Congress work together quite well on bills that benefit the oligarchy.

          3. Obama, on his own, has created hitherto unknown powers for himself that are no where to be found in the Constitution. He uses those to do just as he pleases

          4. One example of Obama dictating to Congress and not the other way around is Obamacare. He told congress to take single payer off the table and he had Physicians for Single Payer arrested at the WH gate for simply presenting their proposal.

          Many people try to present Obama as a hapless, powerless “leader” but facts do not support this.

          1. JILL:

            Knowing that Obama, like B.Clinton,has been an intelligence services asset since he was a young man, makes it easier to understand his actions- esp. those that benefit the 1%. After all, the primary function of U.S. intelligence services is to protect and enhance the financial interests of the wealthiest people in the country. Wars, invasions, occupations and coups aren’t undertaken just to please our bloated military complex and our greatest ally (sic) in the Middle East.

            1. Aren’t you going to tell us what’s been up since you came under surveillance? How ’bout a report on the Rothschilds?

  12. I know the freedom of information laws in several states quite well. Wisconsin, where I am licensed, always prided itself on having the most open records in the country. However, over my 33 years working here, I have seen a pernicious closing of records. Both Dem and Rep politicians are guilty. This is primarily an increasingly bloated, control freak, government being secretive for often sinister reasons. They want control. When you control information you control people.

    We are seeing a real cross rip. The Obama administration, the absolute darling of the liberal MSM, has crapped on reporters for 8 years now. They have tapped phones of reporters, hacked their computers, and gone after leakers that would shock even Richard Nixon. I suggest you follow Sheryll Atkisson, She is active on Twitter and has a syndicated TV show, Full Measure. Lisa Myers, another good person to follow, was made persona non grata @ NBC when she went after Bubba on the Juanita Broderick case. Atkisson had it worse. When she went after the WH she had her computer hacked by the NSA and had stories buried by her boss @ CBS. Her boss, David Rhodes, is brother to Ben Rhodes, Chief National Security Advisor to Obama. You see, the MSM has become a tool of the Dem party. If you can’t see it in this election then you be blind! The MSM is going all in w/ Clinton. She must be defeated.

  13. It’s all about convenience right?
    Isn’t that why HRC wanted to use her own server?
    It’s all about creating an open air of candor amongst higher level government officials isn’t it?
    Isn’t that what Richard Bruce Cheney said regarding meetings with visitors to the White House?
    Come on folks these fine people really do have our best interests at heart and are just trying to do their jobs.

  14. It has always been difficult to get FOIA done. And if you ask for your files, you will have an active one immediately, but you won’t know. Redaction has always been a problem, now it is to the point of ridiculous. A good friend of mine, long actively involved in the the fight for American Indians, she is pueblo, finally got her request back. It said basically we don’t have anything. Lies. She was inside Wounded Knee, was part of our New Mexico delegation, and they damn well know that and of her other involvements. FBI and interrogated people about her. I gave her some info on who to contact for assistance.

    Obama has not only codified the destruction of the Constitution begun by cheney/bush et al but has expanded it.

  15. It is clearly apparent that Obama/Clintons/State/FBI/DOJ/Lynch/Dems are desperately doing their very best to “run out the clock” past the November election so that the American voters never learn the truth about the massive fraud foisted by the Clintons and their acolytes on the USA–we can only hope and pray that continued relentless pressure by the honest Federal judges hearing these cases will bring this information to light before it is too late to save our beloved USA from the coming dark ages planned for us !! DMD

    1. Well, I ain’t holding my breath waiting on that. Our country is in “Decline Mode”, so this kind of nose-thumbing at the law is small potatoes to what we will see in the coming years. Even if Trump wins, it will only be a brief respite in our downward tumble. Unless we get a meteor strike. or Yellowstone blows, or there is a prolonged financial depression that even breaks the rich Yankee college-educated white folks.

      Squeeky Fromm
      Girl Reporter

  16. They are sitting on 15,000 more emails from Hillary. The judge has given Judicial Watch an opportunity to get them public by October.

    1. Interesting how Congress could not get those emails, but instead, it took a NGO enterprise a long and protracted effort to get these emails.

      And then there are the missing Fast and Furious documents.
      And then there are the missing IRS documents.

      Ah, the list is long and deep. And there is no attack on Freedom Of Speech? Shishhh

  17. It will be nice if You are able to provide some analysis on Donald Trump’s “Mexico Paying for the Wall” that he justifies on Federal Law–I am yet to see anything on that. Your only analysis was on his “extreme vetting” process–and as someone who’s been witness to many who have gone through the vetting process, it is quite extensive. I have also not seen anything to debunk Mr. Trumps’ Audit Claims that was debunked by Warren Buffet (who’s also being audited). As for FOIA, it is not the most robust law and I myself was stymied by the State Department as well–So, for your information, the State Department is an equal opportunity “stonewaller”…so really this is not NEWS.

    1. mikepouraryan

      Ask you to put your partisan hat aside and think like an American citizen. We are all hurt when government bureaucrats subvert the law – there needs to be some form of sanctions (similar to a 1983 action) that makes suing easier (and cheaper) for American citizens.

      This blog is not a news outlet, it is a blog which allows Turley to talk about things that interest him. We as readers go to those blogs that appeal to us. Not really appropriate for start reading a free blog and then complain when the author does beat the drum that you like.

      If you want news, may I suggest CNN and MSN-NBC (I picked two news sources that I thought would appeal to your passions, though they no longer really qualify as news sources – more like partisan blogs written for lefties).

      1. With all due respect, questioning someone’s right to ask a question is at the heart of what America is about. Since Professor Turley analyzed Mr. Trump’s stance on Immigration as “constitutional”, It is only appropriate to ask whether the same analysis will be made…..if you disagree, that’s fine. Thanks.

      2. Just as an FYI, although I check out what you suggested, I also do look at Fox, RedState, Resurrgent..and believe it or not, even Briebart…..in addition to the Washington Examiner which our team at the Daily Outsider just published a podcast they did with Dana Perino. Thanks again for taking the time to share your thoughts..as I wish you and the Turley Community a fab W-End 🙂

    2. Unfortunately, your question has nothing to do with the article posted. Nice try at trying to change the subject to something or someone else.
      We all are not stupid! Just the ones who think we are.

      1. So, if I think I am stupid, then I am?
        Maybe I am too stupid to figure it out.
        Sorry, I am all confused now.

    3. I don’t after reading your comment several times understand your point mike. Trump in no way is involved with this story, it’s about the current Administration using delaying tactics to protect corruption, and you see Trump? I see Hillary Clinton at a Podium bragging about running through sniper fire.

      1. I will only note this in response: Mr. Trump is an interesting candidate…and that’s putting it mildly–thanks for sharing your thoughts–enjoy your Friday 🙂

    4. “…the State Department is an equal opportunity “stonewaller”…so really this is not NEWS.’

      Taking your statement at face value we ought to be even more disgusted by the notion that this behavior is so pervasive that it is not news.

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