Senators Patrick Leahy of Vermont and John Cornyn of Texas, leaders of the Judiciary Committee, have long shown an admirable commitment to open government, and their recent bill to amend the Freedom of Information Act is winning a ton of praise. Some of its reforms make sense, but, unfortunately, its key provision is a horrible idea. By reducing the protection now given to deliberations within the executive branch, it would have a chilling effect on those discussions.
To see the problem, suppose that officials at the State and Homeland Security departments are vigorously discussing a new approach to immigration reform before important decisions are made. If the process is working well, officials will exchange a lot of views and disagree with one another in significant ways. Assistant secretaries at State might argue energetically for an idea that the secretary ultimately rejects. The deputy secretary of Homeland Security might object to a position that both departments endorse in the end.
Under the Freedom of Information Act, such internal discussions usually need not be disclosed. Like senators and U.S. Supreme Court justices, officials in the executive branch are allowed to have confidential conversations as they work toward their decisions. Continue>>>