Home : National Security : Freedom of Information/Government Secrets

Attorney General Issues New Freedom Of Information Act Guidelines (03/19/2009)
WASHINGTON – New Freedom of Information Act (FOIA) guidelines calling for a “presumption of openness” were issued today by Attorney General Eric Holder. The guidelines, fulfilling the directive of a presidential memorandum issued in January, overturn the “Ashcroft doctrine” of the Bush administration that allowed the government to withhold information requested through FOIA whenever legally possible. The attorney general’s announcement comes during “Sunshine Week” and follows the introduction of legislation aimed at strengthening FOIA in the Senate

Legislation Introduced To Strengthen Freedom of Information Act (03/18/2009)
WASHINGTON – The Senate this week signaled its intention to improve government transparency as Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) introduced legislation to improve and strengthen the Freedom of Information Act (FOIA). The OPEN FOIA Act’s introduction follows a January presidential memorandum directing government agencies to comply swiftly and thoroughly with FOIA requests. The American Civil Liberties Union welcomes the legislation.

Senate Hears Testimony On Proposed Truth Commission (03/04/2009)
WASHINGTON – A key Senate committee met today to hear testimony from constitutional experts and legal scholars to determine the focus and scope of a proposed “truth commission” to investigate the national security and executive power policies of the Bush administration. Senate Judiciary Chairman Patrick Leahy (D-VT) initiated the hearing after announcing last month that he sought to form the commission.

Fusion Center Encourages Improper Investigations Of Lobbying Groups And Anti-War Activists (02/25/2009)
WASHINGTON – A Texas fusion center’s “Prevention Awareness Bulletin” made public last night is the latest example of inappropriate police intelligence operations targeting political, religious and social activists for investigation. The North Central Texas Fusion System bulletin states that it is “imperative for law enforcement officers to report” the activities of lobbying groups, Muslim civil rights organizations and anti-war protest groups in their areas.

State Secrets Fix Introduced In House (02/11/2009)
WASHINGTON – With today’s introduction of legislation to rein in the overbroad use of the state secrets privilege, the executive branch may soon have one less tool in its chest to stymie legitimate cases against government misconduct. A bill introduced in the House will aim to narrow the scope of the privilege and could open the courthouse doors to people who have suffered real and legitimate harm by the government. The government has attempted to block several important lawsuits with an overbroad and improper assertion of “state secrets,” most recently this week in the ACLU’s case against Boeing subsidiary Jeppesen DataPlan for its role in facilitating extraordinary rendition.

ACLU v. Department of Defense - Complaint (09/04/2007)
A lawsuit against the Department of Defense (DoD) demanding that it comply with a Freedom of Information Act request to release documents regarding civilians killed by coalition forces in Iraq and Afghanistan.

ACLU of PA Complaint in Coalition of Veterans Advocates v. Department of Veterans Affairs (07/13/2005)

FOIA Letter Regarding Exclusion of Foreign Nationals (03/16/2005)

Decision in ACLU v. US Department of Justice (05/20/2003)

Government's Response to ACLU's FOIA Request (12MB) (01/17/2003)

ACLU letter to Senate Judiciary Committee in Support of S 417, The State Secrets Protection Act (05/20/2009)

Coalition Letter in Support of S 417 the State Secret Protection Act (05/20/2009)

ACLU Statement for the Record for the Senate Judiciary Committee Hearing “Getting to the Truth Through a Nonpartisan Commission of Inquiry” (03/04/2009)

ACLU Legislative Priorities for the 111th Congress (01/13/2009)

ACLU Letter to the Department of Justice Office of the Inspector General Urging An Investigation Into The FBI's Use Of The Attorney General Guidelines (09/22/2008)