Tuesday, January 26, 2010

Lawsuits Increase Despite White House Transparency Pledge, Court Records Show

More than 300 people and groups have sued the Obama administration fighting to get federal government records in the year since President Obama pledged his administration would be the most open in history.

In case after case, the plaintiffs contend that little has changed since the Bush administration, when most began their quests for records. Agencies still often fight requests for disclosure, contending that national security and internal decision making needs to be protected.

The lawsuits cover a wide range of issues. A retired Marine wants to review soldier autopsies to learn whether the Pentagon has issued defective body armor. A Texas law professor questions whether the route for the Mexico-U.S. border fence unfairly harmed minority landowners. Closer to home, the Chesapeake Bay Foundation continues its fight to learn whether agencies are properly punishing those who destroy wetlands.

Despite the administration's progress in opening scores of important and once-secret documents, court dockets show a slight increase in the number of suits filed under the federal Freedom of Information Act since Obama was sworn into office. The electronic court records show 319 lawsuits filed since January 2009. Under the final two years of the Bush administration, 278 and 298 records lawsuits were filed in 2007 and 2008, respectively. People seeking records can sue only after the government repeatedly rejects their requests, usually after months of attempts and appeals.

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