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Legislative Branch records don’t receive the kind of public scrutiny the Freedom of Information Act brings to the Executive, but that could change thanks to a novel lawsuit over video records related to the January 6 riot at the Capitol. If this litigation manages to bring more transparency to Congress, either through a win in court or other pressure, it would constitute a major victory for the public and for the journalists who cover the actions of the government.
This new lawsuit follows an opinion issued by a D.C. Circuit judge in June, which cited a “common law right” of public access to government records that could apply to Congress. In that earlier case, the conservative transparency organization Judicial Watch had sued for access to the subpoenas that the House Intelligence Committee had issued in its impeachment inquiry of President Donald Trump. Although that case was dismissed, Judge Karen LeCraft Henderson wrote in a concurring opinion, “I believe, in the right case, the application of the Speech or Debate Clause to a common law right of access claim would require careful balancing.”
Journalist Shawn Musgrave thinks he’s found the right case. Earlier this month, he sued for the release of the video, citing that "common law right of access.” The primary implications are significant — Congress has some 14,000 hours of surveillance footage from the Capitol on January 6, most of which is not available to the public — but more notably, if successful, this suit could usher in a new standard of transparency for Congress.
Without a doubt, open records laws — like FOIA and its many state- and municipality-level equivalents — underpin much important reporting. (We capture and highlight some of the stories that rely on those laws with our Twitter bot, FOIA Feed.) But these laws generally only apply to the executive branches of government. Congress, of course, has written FOIA and its many amendments over the previous 50+ years, and has steadfastly refused to apply the transparency law to itself.
As Musgrave's lawsuit contends, there's no reason the animating principle of laws like FOIA couldn't apply just as strongly to the legislature, including Congress. Fundamentally, if the people have a right to know what the government is doing, that right shouldn’t end at the steps of the Capitol.
Somewhat ironically, Congressional objections to increased transparency often focus on the "Speech or Debate Clause'' of the Constitution, which insulates legislators and their staff from arrest or inquiry for statements made on the floor of the House or Senate.
We've written before about how the Speech or Debate Clause represents a woefully underutilized opportunity to share important information with the public and expose government wrongdoing without fear of the draconian consequences that face many other whistleblowers; it's doubly shameful then that the same clause is used in this case to instead obscure the activities of government.
The Freedom of Information Act, and the laws that followed in its image, were revolutionary to the field of government transparency in the 1960s. The law remains vital to journalists, but as Freedom of the Press Foundation and many others have documented over the years, the law is also fundamentally broken.
Like any lawsuit with a novel legal theory, success is far from certain, and could take many shapes — for example, pressure from this lawsuit could and should prompt Congress into taking action with legislation that strengthens FOIA and expands its scope. Still, it's heartening to see journalists and members of the public continue to push the envelope on bringing the activity of the government to the people, and we are eagerly following this effort.
Thank you for thinking of KDHX for your vehicle donation.
Our partner CARS, will handle the entire process for you from start to finish. You can contact our KDHX representative there at: 1-877-534-9876. You can also start the process online and find answer to your questions at: https://kdhx.careasy.org/home
Our vehicle donation partner, CARS (Charitable Adult Rides & Services), is also a non-profit located in San Diego. Since 2005 they have helped generate over $200,000,000 in revenue for public media. Through its car donation program, CARS supports On the Go, a local program providing affordable transportation solutions and delivery services to San Diego seniors. Every year, they reinvest in their community through meals and transportation solutions. They also have several additional programs through their parent organization, Jewish Family Service of San Diego. During the pandemic they provided over 1.5 million warm meals and access to a food pantry for San Diego residents in need.
Find out more about CARS and the work they do:
We had a great discussion for the August 24th Landlord & Rehabber Training on Asking for Money and Preparing Your Pitch, led by Colleen Hafner, CDFI Director for Rise Community Development. (CDFI = Community Development Finance Institution).
Colleen reviewed the CDFI’s focus on lending to small neighborhood-scale real estate developers and minority-owned contractors. In our training session, Colleen brought her extensive wealth of knowledge on housing finance. She reviewed the information needed when asking to borrow money and shared her insights on how to prepare your application and development plan so the outcome is favorable.
In case you missed it the recording will be available and meeting materials will be accessible until September 10th. You will need to request access below.
Request AccessBe sure to join us for the last session of 2021 on September 28th as we cover Missouri and Federal Tax Credits.
The 2021 Landlord & Rehabber Training is a Northside-Southside Collaboration between North Newstead Association, The Vacancy Collaborative, and Tower Grove Neighborhoods CDC. This FREE training is open to all landlords, property managers, rehabbers, developers, and interested parties. Zoom is ADA compliant with exceptions. If you need special accommodations, please contact dana@towergrovecdc.org.
The goal of the Landlord & Rehabber Training Program is to stabilize our communities by building an eco-system of educated landlords, rehabbers, and small developers empowered to reduce vacancy and nuisance. The program will enlist professionals from real estate, property management, law, accounting, preservation, & finance industries to share their knowledge on acquiring and developing real estate and implementing property management best practices.
HYDE PARK NEIGHBORHOOD ASSOCIATION COMMUNITY MEETING – August 19, 2021 Read More »
SoJeff Retro celebrates their grand opening this weekend on Cherokee Street! See all that's in store for the celebration + a full weekend of movie nights, concerts & pop-ups.
The post Your Weekend Plans: August 27-29 appeared first on Cherokee Street.
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