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Why does Justice Department need to lie on FOIA responses?

“Justice Dept. proposes lying, hiding existence of records under new FOIA rule,” The Daily Caller reports.

A proposed revision to Freedom of Information Act rules would allow federal agencies to lie to citizens and reporters seeking certain records, telling them the records don’t exist.

“A final version of the proposed rule could be issued by the end of this year. If approved, the new rule would officially become a federal regulation with the force of law,” Investors.com warns.

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Presumably the Nixon White House could have used the rule during Watergate to say, "Tape? What tape? It doesn't exist." This rule is more effective than any number of shredders could be.

Indeed. Even without changing existing rules, Gun Rights Examiner readers have seen how the government stalls, withholds and stonewalls. Yet even so, valuable information has been gleaned so far from a Freedom of Information Act response regarding a “Gunwalker” briefing filed in February (the month before Attorney General Eric Holder directed the submission of the proposed FOIA rule change), including documented evidence of whistleblower intimidation (see sidebar photo accompanying this article).

Besides, there are existing safeguards to protect excludable information under current law, as the American Civil Liberties Union points out in its comment on the proposed rule change. Authorizing the administration—any administration—to introduce lies into the FOIA process is a perversion of the intent behind the law, with far deeper implications.

So what can we do?

Unfortunately, the comment period has passed—initially it was extended until April 20 of this year, and while the proposed change was reopened for comments in September, that period closed on October 19.

How did this happen, and why are we just learning about it now?  Must we accept some of the responsibility ourselves, for letting a measure with such destructive potential slip past us? None of us can be informed about everything, and keeping up with every machination of government is clearly an impossible expectation.  There is so much going on in the world, and such competition for attention, that even getting a story noticed is problematic unless those we entrust to be government watchdogs—the “Authorized Journalists”—decide its worthy of headlines and talking head debates.

Why didn’t they, and did administration sympathies play a role in editorial decisions on what deserved emphasis?

So what can be done at this late date?

Mike Vanderboegh of Sipsey Street Irregulars urges:

Call, email and write your Congresscritters NOW. If they adopt this rule, they must be defunded. See how they like going without paychecks. Frigging secret policemen. I despise their kind.

Just do it.

Now.

And make sure you tell them you expect a specific plan of action from them on what they intend to do about it—and will make any weasel-wording and equivocation known to those within your sphere of influence.

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Rest in Peace, Hugh Holub

A patriot, a gentleman and a valued ally has passed away.

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Also see:

  • A Journalist’s Guide to ‘Project Gunwalker' for a complete list with links of independent investigative reporting and commentary done to date by Sipsey Street Irregulars and Gun Rights Examiner.  Note to newcomers to this story: “Project Gunrunner” is the name ATF assigned to its Southwest Border Initiative to interdict gun smuggling to Mexico. “Project Gunwalker” is the name I assigned to the scandal after allegations by agents that monitored guns were allowed to fall into criminal hands on both sides of the border through a surveillance process termed “walking” surfaced.

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Gun Rights Examiner

David Codrea is a long-time gun rights advocate who defiantly challenges the folly of citizen disarmament. He is a field editor for GUNS Magazine,...

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