Judge gives Obama administration whopping lecture on transparency


A federal judge granted the a Freedom of Information Act petition of a government watchdog group asking that the Obama administration release a government-wide foreign aid directive President Obama wanted kept hidden from the public after having signed it in 2010.

In issuing her order, U.S. District Court Judge Ellen Huvelle called the Justice Department’s sweeping argument of executive privilege “troubling,” according to Politico.

The Washington, D.C.-based non-profit Center for Effective Government brought its lawsuit seeking release of the Presidential Policy Directive on Global Development, and the court ruled the the directive is outside the scope of “presidential communications privilege.”

“This is not a case involving ‘a quintessential and nondelegable Presidential power’ — such as appointment and removal of Executive Branch officials…where separation of powers concerns are at their highest,” Huvelle wrote in her opinion. “Instead, the development and enactment of foreign development policy can be and is exercised or performed without the President’s direct involvement.”

Politico reported:

Huvelle noted that she ordered the document delivered to her under seal last month and said she disagreed with the government’s contention that the order is “‘revelatory of the President’s deliberations’ such that its public disclosure would undermine future decision-making.” She also found that “‘the President’s ability to communicate his [final] decisions privately’ … is not implicated, since the [order] was distributed far beyond the President’s close advisers and its substance was widely discussed by the President in the media.”

The court also found it incumbent to give the Justice Department a lesson on openness and transparency.

“The government appears to adopt the cavalier attitude that the President should be permitted to convey orders throughout the Executive Branch without public oversight … to engage in what is in effect governance by ‘secret law,’” Judge Huvelle said.

A report issued in October by the Committee to Protect Journalists found that the Obama White House was the worst since the Nixon administration, and the most secretive in decades, according to The Washington Times.

The court’s ruling Tuesday is but further proof.

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Mike has been with BizPac Review almost from the beginning. Email Mike at michael@bizpacreview and follow him on Twitter at @MikeBPR.

  • OldmanRick

    Shucks, Pelosi and the brat told us this was to be the most open, honest, and transparent administration in the entire history of this country. It is well known politicos don’t lie much. Only when they speak, gestate, or pass gas are they lying.

    • tionico

      you forgot about when they are breathing. Very important.

  • Hargraves Ian

    Him and Holder will defy the judges order and I hope she issues an arrest warrant for contempt of court!

  • Isabella1709

    And they have just appointed at least 2 new ultra Progressive unconstitutional bitches to the Washington Federal bench. It will never get by them.

    • Anna Fabian

      You know wdc needs a giant enema to rid us of all the crap there!
      Very few are even worth the air they breath.
      That’s ok…we are on to them now and should make their sorry lives a living hell.

      • JKGusicas

        There is no enema strong enough to clean out the bowels of DC. This is a fatal problem. There is no cure for the lust of power and greed when they also hold the keys to the country via media compliancy. They control the message, so except for the few that take the time to be informed of the reality, there are so few that really get this. This crew will exploit that to the end.

  • Anna Fabian

    He’s going to pay zero attention to her or anybody else because he thinks he is above the law and should be able to do as he pleases.
    Glad the judge had the fortitude to render it unlawful and called him out on being secretive.
    I say he’s a snake fresh out of the chi town alleys and he and the crook, holder will not stop.
    she got one thing right about this admin the worse in our history for being lawless!
    That snake will just fknd another way to do it.
    he’s probably plotting against her right now.
    Hope she does’nt have an accident like a few others that went against the “king’s” wishes!
    The man is just a thug and congress/ house need to do their constitutional job or they are as low down and guilty as he is!

  • Rob

    Pray for the well being of the Judge.

    • Trudy Hand

      If anything happens to her we know who to go after.

  • Teresa

    I think someone should look under her robe. She has balls. She is awesome for ruling correctly. It’s is time for him to be shown his place.

    • tionico

      no, not balls. That would have led her to be blatant and in his face. She’s more like a Mad Mama whose kid has misbehaved in pubic thus must be brought back into line publically. Good job he’s got such big ears… all the better to grab you with, my dear…..

  • jimwilson81

    People need to read Eric Metaxsis biography on Dietrich Bonhoeffer. Sounds like history is repeating itself with the president in the role of old Adolph.

    • Kriegar

      Oh? The way that good old Shrub, and is un-Patriot Act did?

  • http://yahoo.com/ DustyFae

    Do the government lie…REALLY ??? only when they open their mouth….ROFL

    • tionico

      or breathe through their noses.

  • Sam Riddle

    Liberals, stacking the courts with liberals, this is the gift that will keep on giving for years to come…
    Thanks all of you Obama voters (btw, who have no shame for re-electing this guy…).
    At least there is still a few judges out there who still have a sense of duty to the US…

    • JHLIII

      Forgive me if I’m not well-versed here, but when the new Republican President takes office in ’17, can’t he/she replace these judges?

      • Kriegar

        Good luck with THAT, BWAH HA HA HA!

        Republican president? BWAH HA HA HA HA!

      • Sam Riddle

        The work load in the DC Courts has been very low and there was no need to assign these new judges, BUT, because Obama has all of these appeals and lawsuits coming down the pike in reaction to his lawlessness he had to do something to put the court in his favor.
        If he assigns young people, which he has, we will be dealing with these liberals in the DC Court (which makes decisions on his executive orders and so called new rules by the EPA or Immigration Officials letting illegals loose or helping them get across the border or ATF running guns or setting up mentally challenged young people etc. etc. etc. etc. etc. etc. etc) for decades to come because there has to be an empty slot just like in the Supreme Court. So unless these people are found to be corrupt or they retire or just die off to open up a seat, guess what? So, good luck with that, I knew he was going to do this if he got re-elected, it was so obvious…

    • Kriegar

      Give me liberty or give me Bush? YES, I would vote for this jackass again.

  • Just me

    While the judge is at it, he should also order transparency on those items that Obama has blocked such as his college transcripts.