OMB Watch’s Moulton takes a different view. He told us, “I firmly believe Congress got it right when they assigned the job to the National Archives, which has better objectivity on FOIA disputes and greater experience in managing the disclosure of documents. Justice's traditional position of defending agencies against FOIA lawsuits, means a bias to side with agencies in disputes likely exists.”
“The office's direct clout with agencies will derive from the level of support the Administration provides. This will be tied directly to how high a priority the next administration places on disclosure and transparency,” he added.
But both agree that “it is important that the law be implemented as written. Any effort by the Administration to deviate from the terms of a statute should be opposed, no matter how trivial it might be, because the law is the law.”
And both point out that the president’s budget action “is not a done deal.” Aftergood says, “Congress can appropriate funds for the ombudsman to be expended solely at the Archives, and can prohibit their use by Justice.”
OMB Watch’s Moulton agrees. He told us “Congress can, and in many ways always does, deviate from the President's proposed budget. The question is whether congress will allocate money to the National Archives for the office even though the President didn't request it.”
1 | 2
