DavidPiems
Roxon defends govts right to seek external advice without prior consultation and requests of public agencies
As a matter of fact, at the time of the initial contact to the Department of Justice, the DOJ was engaged in a legal review of the federal government's FOIA policy at the time, and had a reasonable degree of confidence in Attorney General Holder as well as the Department of Justice's leadership.
The DOJ did not initiate any investigation to conduct an independent review of FOIA as stated by Mr. Obama.
The DOJ's stated purpose for this FOIA review of the government's FOIA practices was to determine whether the administration has a policy that does not require public agencies to consult with the independent entity or agency tasked with determining whether the request is a national security or public interest matter, and whether any such policy would conflict with the constitutional authority of the executive branch.
As described earlier, at the time of the initial contact and request to request an independent review of the government's FOIA policy, the DOJ knew that there were concerns surrounding the policy, and that the DOJ's FOIA officers were engaged in the process and that they had good grounds to believe that the policy was not in the public interest and should be challenged. The Department of Justice asked for advice from the independent FOIA officer who was retained by the executive branch to determine whether any of its policies did not conflict with the federal constitutional provisions and would require consultation with the independent FOIA officer.
At the initial meeting with the DOJ, the DOJ informed the Attorney General that it had not engaged in any investigation to determine that there was a problem with their policies, and it therefore had no basis to challenge the policy as such.
However, the DOJ informed the Attorney General that, through its review of all relevant public records requests, and based on this review, the DOJ would not seek to require an outside opinion, but that it would request an external opinion, which the Attorney General ultimately rejected.
The DOJ also said that, from the independent officer's perspective, and since it would have no basis to challenge the policy without this review, it was inappropriate to request an opinion from a person who was hired to advise the federal government on the constitutional and policy issue. The DOJ declined to seek assistance from Mr. Holder or any other Department of Justice official.
What the DOJ did request during this same two-year period of FOIA review was the assistance of a private counsel to assist the independent officer in assessing the FOIA policy and in determining the appropriate policy, provided by Mr. Quinn. A copy of this memo was provided to the Congressional Oversight Panel.
The DOJ also requested assistance from the Government Accountability Office (GAO) on issues related to the review of the FOIA policy, including the Office of Information and Regulatory Affairs, as well as from the Department's general counsel.
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Hundreds of thousands march for abortion in Berlin on Saturday, December 8. Hide Caption 33 of 43 Photos: Photos: Anti-abortion demonstrations Protests grow in cities around Europe Protests grow in cities around Europe – Abortion is banned across Europe – Marching across the streets of Vienna on Wednesday, December 6, the "Marij" movement expressed its support for Austrian anti-abortion campaigners. Hide Caption 34 of 43 Photos: Photos: Anti-abortion demonstrations Protests grow in cities around Europe Protests grow in cities around Europe – A protester holds an anti-abortion placard on the balcony of a restaurant in Cologne on December 5. Hide Caption 35 of 43 Photos: Photos: Anti-abortion demonstrations Protests grow in cities around Europe Protests grow in cities around Europe – Protesters protest outside Cologne's main train station, Cologne Cathedral, on Wednesday, December 5. Hide Caption 36 of 43 Photos: Photos: Anti-abortion demonstrations Protests grow in cities around Europe Protests grow in cities around Europe – Women protest outside the Parliament in London on Sunday, December 4, to demand that Britain uphold its anti-abortion laws. Hide Caption 37 of 43 Photos: Photos: Anti-abortion demonstrations Protests grow in cities around Europe Protests grow in cities around Europe – Women protest at parliament in London on December 4. Hide Caption 38 of 43 Photos: Photos: Anti-abortion demonstrations Protests grow in cities around Europe Protests grow in cities around Europe – People protest outside Parliament in London on December 4. Hide Caption 39 of 43 Photos: Photos: Anti-abortion demonstrations Protests grow in cities around Europe Protests grow in cities around Europe – People protest outside the French Parliament in Paris on Sunday, December 4. Hide Caption 40 of 43 Photos: Photos: Anti-abortion demonstrations Protests grow in cities around Europe Protests grow in cities around Europe – A protester is surrounded by police near the Paris offices of French far-right politician Marine Le Pen on December 4. Le Pen's National Front has demanded the elimination of France's abortion law after a wave of assaults on women who undergo illegal abortions. Hide Caption 41 of 43 Photos: Photos: Anti-abortion demonstrations Protests grow in cities around Europe Protests grow in cities around Europe – A woman holds a placard during a rally in Cologne, Germany, on December 4. Hide Caption 42 of 43 Photos: Photos: Anti-abortion demonstrations Protests grow in cities around Europe Protests grow in cities around Europe – A man walks past a police cordon around an abortion clinic in Cologne on Saturday, December 3. Hide Caption 43 of 43
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