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Unauthorized Release of Government Documents

 
 
gollum
 
Reply Sun 30 May, 2004 06:07 pm
After U.S. Treasury Secretary O'Neill was fired by President Bush, he handed a CD with 19,000 government documents to a book writer.

Even if none of those documents were classified, weren't they government property? Isn't it illegal to take documents that do not belong to you - even without giving them to the book writer? Similarly, if an employee of General Motors gave away copies of documents belonging to GM, wouldn't he or she be guilty of theft -- or a similar charge?
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Type: Discussion • Score: 3 • Views: 978 • Replies: 6
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fishin
 
  1  
Reply Tue 1 Jun, 2004 09:07 am
Government records are generally "public" records and there are rules for what documents can be released to the public and which ones can't. If they can be released then anyone can get copies of them under the Freedom Of Information Act.

In O'Neil's case (which is fairly typical for the head of any cabinet level Deptarment) ) he requested copies of several thousand documents which the Treasury Dept. FOIA office prepared and handed to him. He didn't "take" them. He requested them through the government process and they were given to him.
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gollum
 
  1  
Reply Tue 1 Jun, 2004 06:36 pm
Thank you, fishin'.

I agree with you that, "If they can be released then anyone can get copies of them under the Freedom Of Information Act."

I don't think it follows that any employee can take a copy of a FOIAable document on his or her own and give it out.

I will take your word that it was done for Mr. O'Neill as a (former) head of a cabinet level department. Frankly I find it surprising that after the President of the U.S. fires him, the Treasury's FOIA office would let him have thousands of documents.
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ebrown p
 
  1  
Reply Tue 1 Jun, 2004 07:08 pm
Whatever happened to government "by the people, for the people"? I am an American citizen. The government works for me and I pay for this work. Any government document belongs to me.

Personally I think it is the current government that should be fired.
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fishin
 
  1  
Reply Wed 2 Jun, 2004 07:47 am
gollum wrote:
I don't think it follows that any employee can take a copy of a FOIAable document on his or her own and give it out.


I never said nor implied that this was the case.

Each Department hasd very specific FOIA guidance that details what can or can't be released and they have a FOIA Officer that is charged with deciding where each document fits in that scheme of things.

When I seperated from the Air Force I requested a complete copy of all of my personel and medical records along with a copy of all Air Force Regulations in effect at that time. The installation FOIA Officer sent me back a packet a few weeks later with my records and a CD-ROM filled with thousands of electronic copies of the AF Regualtions. As far as I can tell the only Regulations not in that set are those that are classified.

O'Neil didn't make the copies of the documents himself either. He requested copies of records created during his tenure at the Treasury Dept and the Treasury Dept FOIA Officer sent him copies of those records.
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gollum
 
  1  
Reply Thu 3 Jun, 2004 07:58 pm
Thank you, fishin', that clarifies it.

I was confused because the first paragraph of your 6/1/04 post is about the rights that all people share equally pursuant to the FOIA.

The second paragraph -- I think -- is about special rights that Mr. O'Neill had because he created the documents or because the documents were addressed to him.

These "special rights" I guess are not pursuant to the FOIA. Or if they are pursuant to the FOIA, then I could send a FOIA request to the Treasury Department tomorrow and receive the same documents on a CD-ROM.
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fishin
 
  1  
Reply Fri 4 Jun, 2004 06:08 am
gollum wrote:
These "special rights" I guess are not pursuant to the FOIA. Or if they are pursuant to the FOIA, then I could send a FOIA request to the Treasury Department tomorrow and receive the same documents on a CD-ROM.


There are no special rights. O'Neil exercised the same right right anyone else has. The same right you have to submitt a FIOA request for the same records.
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