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FDA Cancels Closed Meeting After Public Citizen Sues

Most Food and Drug Administration (FDA) advisory committee meetings are open to the public. But the agency tried to shut the door to a July 14 meeting on Hemopure, a blood substitute, announcing the meeting would be closed to the public.

Not so fast, said Public Citizen. The organization sued on July 12 to force the agency to open the meeting. In less than 24 hours, the agency had backed down. It said it would reschedule the meeting - a de facto admission that it was violating the law - and told reporters it would open the rescheduled meeting.

Questions of safety swirl around Hemopure, which is derived from cow’s blood, and the Navy’s proposal to test the product on civilian trauma patients. The FDA had claimed it needed to close the meeting because it was to involve discussion of trade secrets or confidential information. But little, if any, of the information to be discussed was confidential or a trade secret - and even the company said it had no problem with the meeting being open.

“It is clear that the FDA was trying to hide something when it planned a closed meeting on this product,” said Dr. Sidney Wolfe, director of Public Citizen’s Health Research Group.

Posted 07-18-2006 4:10 PM EDT

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Bush Administration Obsessed with Secrecy

This year marks the 40th anniversary of the Freedom of Information Act (FOIA), but it has “fallen on hard times” recently, according to a July 18 article on TomPaine.com.

The article, written by Georgetown University Law professor (and former Public Citizen Litigation Group director) David C. Vladeck, notes that the nation is not living up to the basic ideals of an open government, which is the FOIA’s premise.

President Bush - whom Vladeck says will be remembered as the “secrecy” president - appears to hold much of the blame, as do his advisers. They were obsessed with secrecy before the 9/11 terrorist attacks even occurred, but have made it a hallmark since the attacks. This obsession extends to dealings with media, Congress and the court system as well, Vladeck says.

“After 9/11, the administration’s mantra became ‘secrecy makes America safe,’ and it embarked on an unprecedented effort to halt the flow of government information to the public,” Vladeck writes.

Posted 07-18-2006 3:35 PM EDT

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Out of the Spotlight, President Challenges More than 750 Laws

President Bush has claimed the authority to disobey more than 750 laws enacted since he took office - a much larger number than any other president in history, according to an April 30 Boston Globe story.

The president has never vetoed a bill. Instead, he will wait until the signing of those bills is finished and quietly issue “signing statements,” which are official documents for a president to lay out his legal interpretation of a bill for the federal government to follow in implementing a new law.

In these statements, the president says the Constitution gives him the right to ignore numerous sections of the bills. He’s done this with military-related bills, including torture bans. He’s also done this with bills related to affirmative action, intelligence and oversight by congressional committees.

“This is an attempt by the president to have the final word on his own constitutional powers, which eliminates the checks and balances that keep the country a democracy,” said Bruce Fein, who was a deputy attorney general in the Reagan administration. “There is no way for an independent judiciary to check his assertions of power, and Congress isn’t doing it, either. So this is moving us toward an unlimited executive power.”

Sen. Arlen Specter (R-Pa.) said he plans a hearing in June to shed some light on the president’s assertion of authority to disobey hundreds of laws, according to an article in the May 3 edition of the Globe.

 

Posted 05-03-2006 4:02 PM EDT

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Archives Finds Thousands of Documents Improperly Resealed Since 1995

Thousands of documents reclassified by the government since 1995 were resealed on clearly inappropriate or questionable grounds, according to a National Archives audit.

According to an April 27 Associated Press story in the The New York Times, the audit found that at least 25,315 publicly available documents were reclassified since 1995. Most of the reclassifications were conducted by three agencies: The Air Force reclassified 17,702, the CIA reclassified 3,147 and the Energy Department reclassified 2,164 records since 1995.

A sampling of 1,353 of those documents found that 24 percent were resealed on clearly inappropriate grounds and 12 percent were questionable. In many cases, the reclassification didn’t make sense, because the documents were published somewhere else, according to the audit.

Even though the National Archives found that thousands of records were inappropriately or questionably reclassified, the agency declined to release details of the information contained in those records.

Posted 04-27-2006 5:17 PM EDT

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Archives Ends Secret Reclassification Programs; Full Disclosure Still No Guarantee

The National Archives will cease to enter into secret agreements with government agencies that want to withdraw records from public access, according to stories in The Washington Post and The New York Times on April 18.

The archivist of the United States, Allen Weinstein, announced the change on April 17, according to both newspapers.

“Classified agreements are the antithesis of our reason for being,” he said in a written statement published in the Post. “If records must be removed for reasons of national security, the American people will always, at the very least, know when it occurs and how many records are affected.”

Weinstein, who became archivist in 2005, said he had learned on April 13 of a secret agreement the National Archives entered into with the CIA in 2001 that allows the CIA to withdraw from public access those records it considers to have been improperly declassified. The National Archives also had agreed not to tell researchers why documents were unavailable, according to Weinstein.

An Archives spokeswoman did say that the new policy would not guarantee full disclosure because sometimes federal regulations limit the Archives’ ability to reveal the agencies that are reviewing records and why they are doing so, according to the Post.

 

 

 

Posted 04-18-2006 4:43 PM EDT

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