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With the introduction out of the way, lets take a look at the big events of this week in change. Everyone saw the inaugural so there is little need to address that, however, I do find it interesting that the President felt the need to retake his Oath of Office, obviously he has some concern for what people think of him. There's no reason to harp on this point, but it could prove interesting in the future. The big events of this week were Senator Obama's announcements regarding the FOIA, ethics reform, closing gitmo, abortion rules, and his economic stimulus plan as well as missile attacks by the US on the sovereign nation of Pakistan. For this post I will focus on the FOIA and ethics reform announcements to keep this relatively short.
On the FOIA, President Obama said:
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.
This, in my mind, is a great start for the President and I applaud him for taking the time to address this. Far too often the government tries to hide things, ensuring that they remain the only source of power in this country and ensuring that the public (by whom they are employed)know as little as possible. We were all taught in grade school that knowledge is power and that is certainly true in this case. While I have my reservations about the scope of this order I will reserve judgment further until actual actions exist. I would personally like to see a compiled list of FOIA requests and the status of their Approval and reasoning of their disapproval. All in all though, +1 for change!
On ethics, the President created the following requirements for all government officials:
"1. Lobbyist Gift Ban. I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee.
"2. Revolving Door Ban All Appointees Entering Government. I will not for a period of 2 years from the date of my appointment participate in any particular matter involving specific parties that is directly and substantially related to my former employer or former clients, including regulations and contracts.
"3. Revolving Door Ban Lobbyists Entering Government. If I was a registered lobbyist within the 2 years before the date of my appointment, in addition to abiding by the limitations of paragraph 2, I will not for a period of 2 years after the date of my appointment:
(a) participate in any particular matter on which I lobbied within the 2 years before the date of my appointment;
(b) participate in the specific issue area in which that particular matter falls; or
(c) seek or accept employment with any executive agency that I lobbied within the 2 years before the date of my appointment.
"4. Revolving Door Ban Appointees Leaving Government. If, upon my departure from the Government, I am covered by the post employment restrictions on communicating with employees of my former executive agency set forth in section 207(c) of title 18, United States Code, I agree that I will abide by those restrictions for a period of 2 years following the end of my appointment.
"5. Revolving Door Ban Appointees Leaving Government to Lobby. In addition to abiding by the limitations of paragraph 4, I also agree, upon leaving Government service, not to lobby any covered executive branch official or non career Senior Executive Service appointee for the remainder of the Administration.
"6. Employment Qualification Commitment. I agree that any hiring or other employment decisions I make will be based on the candidate's qualifications, competence, and experience.
"7. Assent to Enforcement. I acknowledge that the Executive Order entitled 'Ethics Commitments by Executive Branch Personnel,' issued by the President on January 21, 2009, which I have read before signing this document, defines certain of the terms applicable to the foregoing obligations and sets forth the methods for enforcing them. I expressly accept the provisions of that Executive Order as a part of this agreement and as binding on me. I understand that the terms of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of Federal Government service."
Thats a lengthy way for the President to say lets avoid the appearance of improper relationships and is indeed the fulfillment of a campaign promise, on the surface. But look at section 3 of this order which states:
ec. 3. Waiver.
(a) The Director of the Office of Management and Budget, or his or her designee, in consultation with the Counsel to the President or his or her designee, may grant to any current or former appointee a written waiver of any restrictions contained in the pledge signed by such appointee if, and to the extent that, the Director of the Office of Management and Budget, or his or her designee, certifies in writing (i) that the literal application of the restriction is inconsistent with the purposes of the restriction, or (ii) that it is in the public interest to grant the waiver. A waiver shall take effect when the certification is signed by the Director of the Office of Management and Budget or his or her designee.
(b) The public interest shall include, but not be limited to, exigent circumstances relating to national security or to the economy. De minimis contact with an executive agency shall be cause for a waiver of the restrictions contained in paragraph 3 of the pledge.
This is something politicians love to do because John Q Public doesn't read this stuff. Its easy to say all the right things but then leave language in that allows it all to be meaningless and that is what Sec 3 amounts to. There is similar language in the FOIA mentioned above but Sec 3 has already been invoked and used. President Obama's selection for Deputy Defense Secretary is William Lynn a lobbyist for Raytheon (a defense contractor) up until the fall of '08.
“After consultation with counsel to the president,I hereby waive the requirements of Paragraphs 2 and 3 of the Ethics Pledge of Mr. William Lynn. I have determined that it is in the public interest to grant the waiver given Mr. Lynn's qualifications for his position and the current national security situation. I understand that Mr. Lynn will otherwise comply with the remainder of the pledge and with all preexisting government ethics rules.”
I am curious at what point this consultation becomes public record and I would love to hear how this appointment is of the public interest. I will wait to see if this information is forthcoming, however, at this point this stinks of hand waving trick to pacify the masses with little real effect. Thats -1 for change!
I'll cover the rest of this week in a second post forthcoming there is much to be written! Until then, the score for change remains at 0.
