Update 6/25/07
Update 6/25/07 A few hours ago, Lucy Dalglish came by with a packet of materials she had just received from the Department of Justice. “Guess what? Justice just responded to our FOIA request.” Slight pause. “From 17 years ago.” I laughed, and then I cried. Not long ago, I was optimistic that we might have FOIA reform legislation by the July 4, not just our Independence Day but also the 41st anniversary of the Freedom of Information Act and the 40th year since it was implemented. But a “hold” on the bill by Arizona Sen. Jon Kyl’s hold is serving its purpose. The Justice Department has made a lengthy case that the OPEN Government Act isn’t needed. It insists the President’s Executive Order on FOIA is and will improve things and it faults the bill on several counts. Sen. Kyl has picked up on several of those arguments. Co-sponsors Sen. Patrick Leahy and Sen. John Cornyn have agreed to modify the bill, accepting the House penalty provision, and moved for a limited floor debate that would give Sen. Kyl an opportunity to present other amendments. So far, he hasn’t responded. The Senate and Sen. Kyl are preoccupied with the immigration bill and Sens. Cornyn and Kyl are on opposite sides of that one, too, which may also have something to do with his blocking action. I’m passing along two memos sent out by CJOG members to their organizations urging action in support of the OPEN Government Act. As they suggest, there’s still a chance for FOIA reform if Senate members hear from enough folks when they get back home for the 4th. I’m also attaching a memo prepared by the Sunshine in Government Initiative on the provision for recovery of attorney’s fees, one of the sections that Sen. Kyl and Justice oppose. Pete Weitzel
