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Government Says Homeland Security Exempt Under F.O.I.A.
AP ^ | 8 April,'02 | AP

Posted on 05/08/2002 6:22:27 PM PDT by rdavis84

Government Says Homeland Security Exempt Under Freedom of Information Act

Published: May 8, 2002

WASHINGTON (AP) - The Justice Department is arguing that the U.S. Office of Homeland Security is exempt from the Freedom of Information Act because it technically isn't an "agency" and doesn't exercise substantial authority apart from President Bush.

Responding to a lawsuit filed by the Washington-based Electronic Privacy Information Center, a civil-liberties group, the Justice Department compared the role of Homeland Security to the president's National Security Council, which has been ruled exempt under the freedom of information law.

Government lawyers urged U.S. District Court Judge Colleen Kollar-Kotelly to throw out the group's lawsuit, which sought records about proposals for any national identification systems. The group last month sued the Office of Homeland Security and its director, Tom Ridge; the Justice Department responded with its arguments last week.

David Sobel, the general counsel for the privacy group, said it's unclear whether Homeland Security is more analogous to the National Security Council or to other offices within the White House that have been ruled to fall under the freedom of information law, such as the Office of Management and Budget or Office of National Drug Control Policy.

"This entity is so new, there isn't much of a track record," Sobel said. "But the expectations are that Governor Ridge is going to have significant authority to implement post-September 11th policy initiatives. Every aspect of daily life is going to be influenced in some way by the policies emanating from that office."

The group agreed to file its formal court response with the judge on May 24.

 


TOPICS: Constitution/Conservatism; Government
KEYWORDS: supergovernance
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It'll get Worse.
1 posted on 05/08/2002 6:22:27 PM PDT by rdavis84
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To: Thinden, LSJOHN
FYI.
2 posted on 05/08/2002 6:23:06 PM PDT by rdavis84
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To: rdavis84
which "it"?
3 posted on 05/08/2002 6:25:07 PM PDT by lepton
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To: lepton
What is the definition of "it?" bttt
4 posted on 05/08/2002 6:28:37 PM PDT by lodwick
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To: lepton
"which "it"?"

ALL of them.

5 posted on 05/08/2002 6:33:37 PM PDT by rdavis84
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To: rdavis84
it will will it? p.s. check for ticks.
6 posted on 05/08/2002 6:59:37 PM PDT by thinden
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To: thinden

"A popular government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy - or perhaps both. Knowledge will forever govern ignorance, and a people who mean to be their own Governors must arm themselves with the power which knowledge gives."
- James Madison

An informed electorate "must stand ready to sound the alarm when necessary to point out the actions in any pernicious project."
- Alexander Hamilton


7 posted on 05/08/2002 7:04:39 PM PDT by rdavis84
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To: rdavis84
...exempt from the Freedom of Information Act because it technically isn't an "agency"...

no sooner said than done.

8 posted on 05/08/2002 7:11:11 PM PDT by thinden
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To: rdavis84
"It'll get Worse."

keep votin' demonRAT n republicRAT, n it will....
n it'll only get "better"....se habla espanol?

9 posted on 05/08/2002 7:28:44 PM PDT by hoot2
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To: rdavis84
Ashcroft: It depends on the meaning of the word "agency"
10 posted on 05/08/2002 7:44:59 PM PDT by The Duke
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To: rdavis84
"The Justice Department is arguing that the U.S. Office of Homeland Security is exempt from the Freedom of Information Act because it technically isn't an "agency"


Where's my clicker Deloris!

"Help Is On The Way"

Bush Team Thumbs Its Nose at FOIA

HOMELAND SECURITY - Working for you America

Who is Janis Sposato? - One of her main accomplishments involves the creation of video games for Justice Department employees. According to the Aug. 30, 1993, issue of Government Computer News, she got the idea from her 6-year-old son. "My concern about ethics training coincided with my son beginning to play educational computer games," Sposato said. "At the office, I also noticed that many people who had computers on their desks played games when they had downtime. I decided this was the way to give people ethics training inexpensively, when and where they want it."

John Ashcroft Tells Arthur Andersen: Help Fix The FBI's Image and Accountability

We Don't Need FOIA Because The Justice Department Releases Information So Easily

"This entity is so new, there isn't much of a track record," Sobel said. "But the expectations are that Governor Ridge is going to have significant authority to implement post-September 11th policy initiatives."

Oh good, we need more laws


Foolin' them is easy isn't it? Heck yes.

11 posted on 05/08/2002 8:22:18 PM PDT by Uncle Bill
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To: madfly
fyi
12 posted on 05/08/2002 9:47:08 PM PDT by Libertarianize the GOP
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To: Uncle Bill
BUMP
13 posted on 05/09/2002 8:57:32 AM PDT by Native American Female Vet
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To: 2Jedismom; 2sheep; Aliska;Aquinasfan; argee; Askel5; arielb; Artist;backhoe; B4Ranch...
ping
14 posted on 05/09/2002 9:26:25 AM PDT by madfly
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Comment #15 Removed by Moderator

To: madfly
"'National Security' is the root password to the Constitution." -- Phil Karn


16 posted on 05/09/2002 9:36:58 AM PDT by Joe Brower
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Comment #17 Removed by Moderator

To: Uncle Bill
"John Ashcroft Tells Arthur Andersen: Help Fix The FBI's Image and Accountability"

Alltel just fired Andersen. The Polarization continues between the two mobs ruining our Nation.

18 posted on 05/09/2002 9:49:30 AM PDT by rdavis84
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To: rdavis84
Secrecy is the beginnings of tyranny.
19 posted on 05/09/2002 9:51:44 AM PDT by Centurion2000
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To: lepton; lodwick
which "it"?

That's obvious

"It" "Is". Glad to clear up the confusion.
20 posted on 05/09/2002 9:59:43 AM PDT by Carry_Okie
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