The “Most Transparent Administration Ever” Treats Recess Appointments with Greater Secrecy than Illegal Wiretapping

Charlie Savage just released the OLC opinion he got in response to a FOIA on opinions relating to recess appointments (this became an issue after Obama appointed Richard Cordray head of the Consumer Financial Protection Board using a recess appointment). It is a Jack Goldsmith memo dated February 20, 2004.

It is almost entirely redacted. Just 11 lines out of three pages are left unredacted–and one of those reads, “Please let us know if we may be of further assistance.”

Just for shits and giggles, I compared that memo to another Jack Goldsmith memo, one that relates to actual national security issues: Goldsmith’s May 6, 2004 memo finding the revamped illegal wiretap program legal. That’s a 108 page memo, of which 46 pages are entirely redacted or redacted to the same degree as any one of the three pages in this recess appointment one. There are a slew more redactions, many of them obviously improper.

The last line, “Please let me know if we can be of further assistance. (U)” appears unredacted there, too.

Nevertheless, the Administration redacted far more of the earlier Goldsmith memo–the recess appointment one–than the one dealing with one of our most sensitive counterterrorism programs.

Next up, the Administration is going to start redacting Civics textbooks, because the workings of government are so terribly sensitive.

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bmaz RT @LionelMedia: I could only get through five minutes of Meet the Press. It sounds like a conversation in the dayroom of Creedmoor.
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emptywheel RT @ErikLoomis: We can talk about Tianjin but the same thing happened in Texas in 2013 and the same problems are the reason. http://t.co/gm
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emptywheel @KevinBankston Not a book but consider both Verne and lesser extent Capek occupied same space in paper as pop science columns
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emptywheel @joanneleon Green cards need to be renewed after 10 yrs. Even that is fucked. @herrdoktorjay
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emptywheel @joanneleon That is, in large part, what I'm talking abt. EVERYONE on such visas faces delays outside of DHS deadlines @herrdoktorjay
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emptywheel DWS, DNC Chair, prevents Iran resolution. Schumer, presumed rising Senate Minority Leader, voting against Iran deal. See a trend?
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emptywheel @herrdoktorjay Which is why it pisses me off the reporting on Christie's comment is so terrible. Bc that's clearly what he was talking about
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emptywheel @herrdoktorjay If you can't assume all whose visa expired malicious overstays (you can't bc DHS sucks) you can't track malicious overstays
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emptywheel @herrdoktorjay See, that's my point. DHS now starts process by saying, "Oh, we'll miss our own deadline by 3 months."
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emptywheel @herrdoktorjay Even routine green card renewals for non-risk people STILL assume 3 months longer than DHS's own deadlines.
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emptywheel @herrdoktorjay You're lucky! I know abt 50 people who went thru. I think I know one who didn't either technically fall or come damn close.
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emptywheel @bsdtectr Their passports ARE RFIDed (as are ours).
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