Courts Give up Hope on Executive Branch State Secrets Claims

In a blow to a key position held by the Bush and Obama administrations on executive branch power, an appeals court has ruled against the administrations on a major state secrets case.  On April 28, the 9th US Circuit Court of Appeals ruled that Boeing subsidiary Jeppeson DataPlan, which participated in flying suspected terrorists to foreign countries to be tortured as part of the CIA “extraordinary rendition” program, can be sued.

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House, Senate Reach Deal on FY 2010 Budget Resolution

budget resolution approvedThe House and Senate negotiators have reached agreement on the FY 2010 budget resolution. The resolution is expected on the floor of both chambers by tomorrow, marking the 100th day of President Obama's administration. Overall, the compromise fulfills many of Obama's top priorities, including reducing the nation’s dependence on foreign oil, improving education, reforming health care all the while reducing the deficit and cutting taxes, mainly for the middle class.

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Specter Tries to Rein in Signing Statements

 Last Thursday, Sen. Arlen Specter (R-PA) introduced a bill, the Presidential Signing Statements Act of 2009, that would rein in the use of presidential signing statements. This legislation instructs federal and state courts to not treat presidential signing statements as authoritative in interpreting laws passed by Congress. It further enables Congress to file an amicus brief and present an oral argument in any case in which the interpretation or constitutionality of a law passed by Congress is in question. Courts would be additionally required to enter into the case record any joint resolution expressing the correct interpretation of the law in the eyes of Congress, as well as to expedite any such cases. 

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DOJ Gives FOIA Memo a Little More Bite

On April 17, the Office of Information Policy (OIP) at the Justice Department (DOJ) issued new guidance that expands upon the March 2009 FOIA memo by Eric Holder.  The OIP assessed the impact of Holder’s new guidelines as “a sea change in the way transparency is viewed across the government” and that implementation would require agencies to “review all aspects of their approach to transparency.”  The OIP further defined some of the accountability statements of the memo.

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Rep. McDermott Introduces Level-Headed Estate Tax Bill

Rep. Jim McDermottWashington Representative Jim McDermott (D) introduced a great estate tax bill yesterday that is level-headed and common sense really. H.R. 2023, the Sensible Estate Tax Act, would create a permanent estate tax with a $4 million exemption for couples and a 45 percent tax rate on the amount of an estate that is above that $4 million exemption. Larger estates would pay a higher tax rate. All I can say is it is about time.

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NSA Leaks Info to Embarrass Elected Congresswoman

In a brazen and sophomoric act, the National Security Agency (NSA) spied and then released information on Rep. Jane Harman (D-CA), a member of the House Subcommittee on Intelligence, Information Sharing, and Terrorism Risk, in what can only be an effort to discredit her. 

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CAR Coalition Materials on Recovery Act Implementation

The Coalition for an Accountable Recovery (CAR), coordinated by OMB Watch, has been hard at work monitoring the implementation of the Recovery Act. Last Friday, April 17, the coalition submitted comments on the proposed implementation of the American Recovery and Reinvestment Act of 2009 (Recovery Act). OMB Watch also produced a summary of the guidance for the coalition and released it publicly on April 10.

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The FEC Supports the Senate Campaign Disclosure Parity Act

The Federal Election Commission (FEC) released their 2009 legislative priorities which includes four recommendations. Of these four, the FEC considers electronic filing of Senate campaign finance reports to be a priority. OMB Watch has supported this for years, and most recently with the introduction of S. 482. You can help by calling your senators and asking them to cosponsor the bill.

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Administration Invokes Nuremberg Defense

On April 16, the Department of Justice released a series of four Bush administration memoranda issued by the Office of Legal Counsel concerning the legality of “coercive interrogation” (read: torture) but effectively pardoned government officials from accountability for past actions. President Obama announced that the government would not prosecute CIA officers who engaged in illegal behavior because the Bush administration had claimed it to be legal.

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Presidential Exposure

Last Friday President Obama authorized the release of over 250,000 pages of previously sealed presidential records.  The bulk of the documents are from the Reagan administration, and include presidential briefing papers, speechwriting research materials, and declassified foreign policy memoranda.  In a similar vein, eight-hundred pages of records regarding Sauid Arabia that were produced by the George H. W. Bush administration will also be released.

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