Despite repeated promises, public records still not so open with Obama

WASHINGTON — One year into its promise of greater government transparency, the Obama administration is more often citing exceptions to the nation's open records law to withhold federal records even as the number of requests for information declines, according to a review by The Associated Press of agency audits about the Freedom of Information Act.

Among the most frequently cited reasons for keeping records secret: one that Obama specifically told agencies to stop using so frequently. The Freedom of Information Act exception, known as the "deliberative process" exemption, lets the government withhold records that describe its decision-making behind the scenes.

Obama's directive, memorialized in written instructions from the Justice Department, appears to have been widely ignored.

Major agencies cited the exemption at least 70,779 times during the 2009 budget year, up from 47,395 times during President George W. Bush's final full budget year, according to annual reports filed by federal agencies. Obama was president for nine months in the 2009 period.

The government's track record under the Freedom of Information Act is widely considered a principal measurement of how transparently it makes decisions. When Obama promised last year to be more open he said doing so "encourages accountability through transparency," and said: "My administration is committed to creating an unprecedented level of openness in government."

In a new statement Tuesday, Obama noted the release of White House visitor logs and federal data online in recent months said his administration was recommitted "to be the most open and transparent ever."

"We are proud of these accomplishments, but our work is not done," Obama said. "We will continue to work toward an unmatched level of transparency, participation and accountability across the entire administration."

Also Tuesday, White House Chief of Staff Rahm Emanuel and White House Counsel Bob Bauer urged agencies to improve their handling of information requests and assess whether they are devoting the resources needed to respond to requests promptly and cooperatively.

The AP's review of annual Freedom of Information Act reports filed by 17 major agencies found that the administration's use of nearly every one of the law's nine exemptions to withhold information from the public increased during fiscal year 2009, which ended last October.