Verbatim

A Return to Freedom of Information: Excellent

         By Napoleon B. Byars

            Through all the symbolism of President Barack Obama’s 30 days in office, the most important signal he sent was a willingness to commit his administration to abiding by the Constitution. During a swearing-in ceremony for the White House staff, Obama turned back the tide of government resistance to transparency. He announced that federal agencies would abide by the spirit of the Freedom of Information Act (FOIA).

The return to supporting the Freedom of Information Act is long overdue. The initial intent of the legislation, which was signed into law in 1966 by President Lyndon Johnson, was to make government information more available to the public.

Over the next three decades, Democratic presidents sought to expand the FOIA. Republican presidents sought to limit it. After 9/11, the government insisted on pursuing exemptions and thwarting the release of information.

Public confidence in government drops when the news media and citizens cannot access information to evaluate the effectiveness of programs and policies. The most egregious example of a loss in confidence is giving approximately $350 billion in taxpayer money to financial institutions under the Troubled Assets Relief Program (TARP) in 2008.

            To date, no government agency has stepped forward to reveal where the money went and, specifically, what financial institutions are doing to unfreeze credit markets. What we do know is that TARP isn’t working. It is increasingly harder for small businesses and individuals to borrow money to meet payrolls and buy equipment. Mortgage forecloses continue to mount. Even student loans are harder to get.

            On the other hand, many banks have received big loans.

The Federal Reserve, along with the U.S. Treasury Department, lent more than $2 trillion to financial institutions without revealing details of the transactions. When was the last time an average citizen took out a bank loan without signing a contract explaining how and when it was to be repaid? Congress blames the Bush Administration for the problems with TARP, but between the Treasury Department and Congress there is enough blame to go around.

And the search for information and answers does not stop with the financial crisis.

The public needs to know why gasoline, which spiraled to more than $4 a gallon at the pump just two months ago, is below $2 a gallon today.  International events did not cause interruptions in the flow of oil to the United States and major refineries did not go off line. So why the increase? Government agencies responsible for overseeing the energy industry simply have not given the public a credible explanation. Maybe now we will get answers along with a responsible energy policy.  

Other government agencies and programs could benefit from transparency, too.

In his inaugural address, Obama signaled a break from a past of unresponsive government and promised us one that will work. He also signaled an end to Wall Street shenanigans and government agencies that go to sleep on their watch.

“And those of us who manage the public’s dollars will be held to account — to spend wisely, reform bad habits and do our business in the light of day,â€? Obama said. “Because only then can we restore the vital trust between a people and their government.â€?

Some may argue that the release of government information to the news media, especially monetary information, would harm financial institutions and the nation. But financial secrecy is no guarantee of success.

Each year the Department of Defense releases to the Pentagon press corps its annual budget of money spent on troops, training, weapon systems and day-to-day operations and we continue to maintain the best military in the world. No responsible military leader has stepped forward to oppose releasing the defense budget.

Another important move Obama took was to halt all pending government regulations, some issued in the final days of the Bush Administration, until a legal and policy review is conducted. Soon we will know more about the behind-the-scene machinations of a former president who sought to put his final fingerprint on government policies outside of public view.

How can we ever expect to get at the truth if reporters are kept from the very information they need to report on the great issues of our time? How can citizens make informed decisions if government stands behind a veil? Obama has sent an unambiguous signal of change and openness.

Government’s return to the purpose of the Freedom of Information Act is more than just symbolism—it may be our salvation.

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[Napoleon Byars an assistant professor in the School of Journalism and Mass Communication at the University of North Carolina at Chapel Hill.]