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The New Face of Big Brother?

Here’s an ominous development that is likely to pass almost unnoticed: a congressman requesting that the federal government identify to him everyone who has made a request under the Freedom of Information Act.

Darrell Issa enjoying a spicy bite

Darrell Issa enjoying a spicy bite

The requester is Darrell Issa, the new head of the House Oversight Committee. He of course paints his initiative in benign terms—he just wants to make sure the government isn’t dragging its feet in answering public queries. But it’s hard to accept that at face value, without at least considering the  corporate interests that backed the GOP takeover in November, and Issa’s ascension to this powerful position.

As reported in The New York Times,

Representative Darrell Issa calls it a way to promote transparency: a request for the names of hundreds of thousands of ordinary citizens, business executives, journalists and others who have requested copies of federal government documents in recent years.

Mr. Issa, a California Republican and the new chairman of the House Committee on Oversight and Government Reform, says he wants to make sure agencies respond in a timely fashion to Freedom of Information Act requests and do not delay them out of political considerations.

But his extraordinary request worries some civil libertarians. It “just seems sort of creepy that one person in the government could track who is looking into what and what kinds of questions they are asking,” said David Cuillier, a University of Arizona journalism professor and chairman of the Freedom of Information Committee at the Society of Professional Journalists. “It is an easy way to target people who he might think are up to no good.”

The very short Times article doesn’t get into the extent to which Issa and his allies are indebted to corporations that have a strong interest in finding out about inquiries that could affect their interests. Like reporters nosing around into the military-industrial complex, or trying to find out about stalled prosecutions of egregious polluters.

If, indeed, Issa is just super concerned about openness in government, that’s fine. But it’s not clear that a member of Congress— and a highly politicized, partisan one at that—ought to be the one to receive such sensitive information.

Can Issa be trusted? Well, consider this New York Magazine summary of a New Yorker dig into Issa:

The New Yorker’s Ryan Lizza has taken a long look into the often shady past of California congressman Darrell Issa, the House Oversight Committee chairman who intends to unleash a flurry of investigations on the Obama administration. Issa has, “among other things, been indicted for stealing a car, arrested for carrying a concealed weapon, and accused by former associates of burning down a building.” “Everyone has a past,” Issa tells Lizza. This is true. But not everyone has fired an employee by “plac[ing] a box on the table, and open[ing] it to reveal a gun.”

Such personal behavior is bad enough, but often, as with Issa, it parallels shocking professional behavior. For example, on taking his committee chairmanship, Issa sent a letter out to big corporations inviting them to tell him which government regulations they do not like.

The House panel Issa heads is an important one, and it’s had some real characters at its helm. One who made a name for himself during the Clinton years was fellow Republican Dan Burton. For more on his antics, see an article by—well, by me, here.

Image Credit:  gstatic.com

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  • http://welcome-to-pottersville2.blogspot.com Suzan

    Thanks for all you do to keep us informed and free, Russ.

    Please keep researching and reporting on Issa, Burton and all the rest of the ‘thugs in Congress and out.

    The US needs real patriots like you.

    Suzan

  • Tacitus

    This will be a lot of work for the various agencies.

    A large number of Freedom of Information Act Case Logs are already published here:

    http://www.GovernmentAttic.org
    and click on FOIA LOGS

  • http://faculty.fordham.edu/andersen/ Robin Andersen

    thanks Russ. NY Times readers can’t really understand Issa’s cynical motives for spying on those who want to bring the truth to the light of day without this background. Thanks for the context. Too bad the NYT can’t provide it in their own story!

  • Justin Case

    Good Grief This isnt “sensitive” information, it’s public information! Transparency goes both ways. Are you saying you think FOIA requests should be cloaked in secrecy?

    • http://www.russbaker.com Russ Baker

      A distinction can be made between the material that is being sought under the Freedom of INformation Act (which is being sought in the public interest), and the IDENTITIES of those seeking to obtain information. Its not clear what public interest is served to identify those who are trying to get the government to release the information. In fact, one could argue that identifying requesters publicly would CHILL the release of information.

  • http://www.neilreisner.com(underconstruction) Neil Reisner

    Hmmm…

    Other than the volume, how is this different than a journalist (not one who’s going to win any popularity contests among his peers) FOIA-ing all the FOIA requests/letters a given agency received on a particular subject or over a particular period of time?

    The response from agency would, per force, contain the identities of the requesters.

    Many of us consider it a sleazy thing to do, but it has been done.

    – nr

    • http://www.russbaker.com Russ Baker

      Its a government official not using the FOIA laws but simply demanding all FOIA requests across all departments. A journalist has to make pretty specific requests at specific places to get results. This is a vacuum cleaner approach–and based on Issa’s track record, more likely than not aimed at benefiting corporations, not ordinary folks.

  • Justin Case

    “In July, the Associated Press reported top DHS officials told career employees to steer sensitive FOIA requests to Obama’s political advisers for unusual scrutiny. FOIA requests by lawmakers, watchdog groups and journalists were subjected to the special political reviews.”

    • http://www.russbaker.com Russ Baker

      This comment is in quotes, so you should identify the source. It comes from the conservative website The Daily Caller. To be sure, there’s some complicated behind the scenes stuff going on, and we don’t know the full story yet, just that Issa is unlikely to be pursuing this as the broad, nonpartisan public service he’s presenting it to be. With the constant attacks on Obama’s character, national origins, purported secret socialist tenets, and so forth, Obama’s people have reason to want to be aware of who’s on a fishing expedition in particularly sensitive waters, ie Homeland Security.

      For a sense of the complexity, see this:
      http://www.dhs.gov/xlibrary/assets/foia/ogc_ap_redacted_foia_process_701-750.pdf

  • Justin Case

    Sooooooo, if Issa wants to know, its for nefarious reasons related to shadowy corporate relationships, but if Obama wants to know, its because of attacks on his character? LOL

    • http://www.russbaker.com Russ Baker

      No, there’s a lot more going on behind the scenes. Issa may well be worried about attacks on his own character–he’s got a mountain of problems in his past, has never really been held accountable on them, including what seem to be lots of outright lies about problems with the law. Much bigger and more obvious than the kinds of things people claim about Obama without proof. See the New Yorker interview with him.

  • Bronx

    Mr. Baker,
    That was a tepid response to Justin Case. You are a true enigma. You wonderfully expose the madness of our ‘Big Brother’ gov’t, and fearlessly expose them – all the while chairing the ‘Defend Obama against slurs Committee’, and advocating taking the guns away from law abiding Americans – the ones who stand to get hurt by the selfsame gov’t. Truly strange.

    • http://whowhatwhy.com Russ Baker

      Your biases are showing–if you were fair, you would note the big feature in our “Original Investigations” column about Obama and his relationship with UBS bank. That was no apologia. Also, many other blog posts have been skeptical/.critical of him and his administration. Get your gun back in your holster, please.

  • http://thepigmancometh.com/ Porky D.

    Issa just gets worse. I knew all the other stuff, but threatening employees with a gun is a new one on me.

  • Jery Paden

    This is great. Would you be able to pop in a line or two on items like this as to how we the people might convey our exceptions to this sort of Congressional over-stepping? Your work is fabulous, so please do not take this as a jab. It’s an honest query.

    There is the obvious; call your congressmen, Senators, etc. Any other advice?

    • http://www.russbaker.com Russ Baker

      Jery, in many ways, the followup action is the obvious part. People do what they feel comfortable with. We’re focused on what we think is toughest–teasing out the hidden facts. However, your point is a valid one, and we’re thinking through how best to add possible action items, without lapsing into advocacy, which is not our mission.

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