John Oliver rips presidential library loophole

Dear Friend of Press Freedom,

I’m Lauren Harper, the first Daniel Ellsberg chair on government secrecy at Freedom of the Press Foundation (FPF), and welcome to “The Classifieds.” Read on to learn about this week’s top secrecy news.

John Oliver tackles the presidential library loophole

In a must-watch segment, late-night host John Oliver detailed how building presidential libraries, which are intended to promote access to historical records, have provided loopholes for massive, often undisclosed donations to sitting presidents — with virtually no oversight.

To make matters worse, public access to records stored at presidential libraries is at an all-time low.

These twin problems make it too difficult to know what current administrations are doing, and what past administrations have done.

Luckily, Sen. Elizabeth Warren has introduced the Presidential Library Anti-Corruption Act to close the library loophole. It’s a good bill, but Congress doesn’t need to stop there.

It can also increase funding for the National Archives and Records Administration, which is responsible for overseeing the presidential library system. But because NARA’s budget has remained stagnant for 30 years, it can now take more than a decade for presidential libraries to respond to a single declassification request.

Here’s how you can help: Use our action center tool to tell your representative to support Warren’s bill and increase transparency.

Classified memo that sanctions cartel strikes must be disclosed

CNN confirmed the Department of Justice is relying on a classified legal opinion to conduct its strikes against alleged drug boats in the Caribbean.

FPF suspected a rationale existed in the immediate aftermath of the first strike in early September. So we filed a Freedom of Information Act request demanding the DOJ release it.

So far, the DOJ has stonewalled us.

We’re not alone.

Attorney General Pam Bondi, who gives meaningless lip service to transparency, refused to disclose or even discuss the rationale during a recent Senate hearing, despite concerns raised by military lawyers that the administration may be breaking the law.

Bondi is not the only attorney general to defend the DOJ’s long-running tradition of keeping important legal opinions secret. Her predecessors tried to hide opinions on everything from sanctioning the CIA’s torture program to the National Security Agency’s illegal warrantless surveillance program of Americans.

Fortunately, hard-fought legal battles have won the release of a handful of these memos.

But the fight to end secret law is ongoing, and it looks like the public will have to sue to force Bondi to release the government’s justifications for attacking cartels.

It’s a fight worth having. As is continuing to push for an end to all secret legal opinions.

Here are my top reads from this week. To see my full reading list for all things secrecy, check out The Classified Catalog.

Transparently yours,

Lauren Harper

Daniel Ellsberg Chair on Government Secrecy

Freedom of the Press Foundation