Thursday, August 23, 2007

Define 'Agency,' I Dare You

White House Declares Office Off-Limits Administrator of Missing E-Mails Not Subject to Open-Records Law, It Says
By Dan Eggen Washington Post Staff Writer Thursday, August 23, 2007; A04
The Bush administration argued in court papers this week that the White House Office of Administration is not subject to the Freedom of Information Act as part of its effort to fend off a civil lawsuit seeking the release of internal documents about a large number of e-mails missing from White House servers.
The claim, made in a motion filed Tuesday by the Justice Department, is at odds with a depiction of the office on the White House's own Web site. As of yesterday, the site listed the Office of Administration as one of six presidential entities subject to the open-records law, which is commonly known by its abbreviation, FOIA.
As with the NSC, the government argues that the Office of Administration is not an "agency" as defined under the open-records statute because it has no substantial authority independent of the president.
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And this is not an 'administration' as defined by any logical parameter.
The surprising thing to me is that the Department of Justice is still able to file a motion before the courts. I didn't think there was anyone left over there.



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