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

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Emptywheel Twitterverse
emptywheel Why does 9/11 report say we need more fearmongering if counterterrorism performance as good as it say it is? http://t.co/LnVR7IAW9T
3mreplyretweetfavorite
emptywheel 9/11 Report warns of "creeping tide of complacency" v rising threats in ME. Why threat rising if CT performance good? http://t.co/LnVR7IAW9T
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emptywheel @BradMossEsq Justifies? That your client was able to say things he almost certainly wouldn't have before? That's your question?
13mreplyretweetfavorite
emptywheel @BradMossEsq Yes, there is a whistleblowing process. Yes, in this case that was made easier bc Snowden leaked the info first.
23mreplyretweetfavorite
emptywheel @BradMossEsq No, your original, fanciful claim is this info is not declass bc of Snowden. Unless Clapper was lying abt his actions it is.
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emptywheel @BradMossEsq But to invent world in which Clapper didn't declass all that info in response to Snowden is simply fanciful.
27mreplyretweetfavorite
emptywheel @BradMossEsq And again, that's NOT to take away from your client. Now people will finally read what was in public domain bc of Snowden leaks
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emptywheel @BradMossEsq Very basic point: Snowden leaks. Clapper releases info saying he did so to respond. Your client writes op-ed on info.
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emptywheel @BradMossEsq Again, PLEASE stop mischaracterizing what I say so you can pretend things are something other than they are.
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emptywheel @Jj_nyappdefense Did I say that? Nope. But let's start w/McMillan's access to press, which not all inmates have.
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emptywheel @BradMossEsq That Clapper released all the info your client did, saying it was so he could respond to Snowden leaks.
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emptywheel @BradMossEsq Again, are you accusing Clapper of LYING abt his declass? otherwise, your point is false. @Paulmd199 @ashk4n
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