Judge: White House doesn't have to turn over e-mail records
A federal judge ruled today that the White House is not subject to FOIA and therefore doesn't have to turn over records regarding e-mails that might have gone missing. U.S. District Judge Colleen Kollar-Kotelly's ruling means the administration doesn't have to provide e-mails that might shed light on the reasoning for going to war in Iraq and the White House leaking of information to undermine political opponents. Citizens for Responsibility and Ethics in Washington, which filed the lawsuit, said it will appeal the decision. See story.
What is disturbing about this case is the judge made her determination based on the premise that the White House doesn't have "substantial independent authority" so it is not subject to FOIA. I would think having the authority to initiate military action in other countries, carry out "signing statements" overriding elements of congressional bills, and imprisoning people secretly without due process, constitute as substantial independent authority. The e-mails, with certain information redacted to protect national security, could help the American public understand what happened and why. Of course, maybe the White House doesn't want the public to know that, which may be why they are fighting to keep it secret. Either way, this secrecy leaves the public in the dark and distrustful of its government leaders.