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Sunshine Campaign Survey: Richardson

Published: December 20, 2007
Last Updated: December 26, 2007

New Mexico Gov. Bill Richardson, Democratic candidate for president, says he supports open government and as president "would ensure that the obsessive secrecy of the Bush administration will be rolled back." Richardson, responding to the Sunshine Week 2008: Sunshine Campaign Questionnaire, noted, "The public must and will have access to information about what its government is doing, and in the absence of a compelling reason, it will have that access." Richardson, who in 2005 and 2006 issued proclamations in support of the first Sunshine Week, also said in the survey that he believes the "federal government has become far too secretive, and that must change."

He also supports a reporters' shield law protecting confidential sources, would reverse an executive order limiting release of presidential records, and would "use the bully pulpit of the presidency to protect the First Amendment rights of all scientists, including federally funded ones, to release all information to the public in the absence of a compelling reason to withhold it."

General Overview: In 500-1,000 words, please summarize your position on open government. What is your personal philosophy on citizen access to government information? You may attach the statement in a separate document, if you prefer.

I support an open government, and would ensure that the obsessive secrecy of the Bush administration will be rolled back. The public must and will have access to information about what its government is doing, and in the absence of a compelling reason, it will have that access. Please see my answers below for more details.

Secrecy: There has been considerable discussion and commentary on the "growing culture of secrecy" in the federal government. A nationwide opinion poll conducted for Sunshine Week 2007 found that two-thirds of American adults believe the federal government is secretive. Do you agree or disagree? If you believe the equation needs changing, what would you do to address that?

Yes. The federal government has become far too secretive, and that must change. I will be a president who follows the Constitution, and that means the culture of secrecy must be reversed. The over-use of "Top Secret" by this administration, and especially the vice president’s office, has undermined the importance of documents that must truly be kept secret. I will also let the public know who I am meeting with — there will be no closed-door deals with unknown oil executives while planning energy policy when I am president.

Secrecy: Officials and agencies frequently withhold from the public memorandums exchanged in decision making, claiming that disclosure would chill the deliberative process. Critics of this practice say it deprives the public of vital information on how decisions are made. What is your view? If you disagree with the withholding, what would you do to bring about a change?

There is a difference between the sometimes-legitimate claim that these memorandums chill the deliberative process and exploiting that argument to keep all decision-making secret from the public. We must ensure that we have the best possible decision-making process, which means keeping the public as fully informed as possible, when possible.

Classification of Information: Since 2000, the number of classification decisions has gone up markedly, while the total number of pages declassified has dropped sharply. What is your view on these trends? If you believe there are problems with overclassification or declassification, do you have specific corrective steps in mind?

As I stated above, as president, I will ensure that we end the process of labeling documents as "Top Secret" that are not actually top secret.

Pseudo-Classification Information: The multiplicity of "sensitive but unclassified" markings and the lack of criteria to be used in safeguarding information have been called damaging to the flow of information both within the government and to the public. Do you agree? What changes to the system, if any, would you direct?

I would ensure that there is not needless "sensitive but unclassified markings" to ensure that information can flow effectively between government and the public it serves.

Confidential Sources: Do you believe there should be a reporter-source privilege, such as outlined in the proposed federal Free Flow of Information Act, to protect the identities of reporters' confidential sources? If yes, would you modify the bill in any way? If no, what are your objections?

I support a shield law that will protect the identities of reporters’ confidential sources.

Freedom of Information Act: In 2001, then-Attorney General John Ashcroft issued a memo to federal agencies counseling them to withhold documents requested under the Freedom of Information Act if they find any legal basis for non-disclosure. He said the Justice Department would back them in court. This reversed the policy of Ashcroft's predecessor, Janet Reno, which called for a presumption of openness and urged agencies to release information if disclosure would do no harm. Where on this access to information spectrum would you want the view of your choice for Attorney General to fall? Would an open government philosophy be a factor in vetting your choice?

I support Janet Reno’s position, and I will demand a presumption of openness and direct agencies to release information if disclosure would do no harm.

Access to Information: The backlog of unprocessed Freedom of Information Act requests has risen to almost 40 percent in recent years. What, if anything, can be done to reverse this trend and bring efficiency to the FOIA process?

I will appoint qualified men and women to head my executive branch agencies, not political cronies. I will then direct the necessary people to devise a plan to make the FOIA process more efficient, and I will then order him or her to implement that plan.

Access to Information: Do you believe the Freedom of Information Act should be amended to cover the administrative functions of Congress and federal courts? Why or why not?

Americans need to know as much about their government and its inner-workings as is possible without compromising our national security or a strong decision-making process.

Presidential Records: In 2001, President Bush signed an executive order that grants control over the release of presidential records to former presidents and their families. As president, would you let that directive stand or reverse it? Why?

I would reverse this stand. Presidential records belong to the American people and to history, and after a reasonable amount of time, these records should be released to the public.

Contributions to Presidential Libraries: Do you support legislation that would require the names of donors to presidential libraries — and the amount they donated — to be public information? Why?

Yes. We must be sure that donations to presidential libraries do not act as a loophole through which people can buy influence with sitting presidents or political parties. There must be transparency here.

First Amendment Rights: As president, how would you set a tone that protects the First Amendment rights of federal scientists and ensures public and congressional access to taxpayer-funded science? Under your administration, will government scientific information be presumed to be publicly available unless a compelling reason is given to withhold it, or will information be presumed sensitive unless there is a compelling public benefit to its release?

Yes. I will use the bully pulpit of the presidency to protect First Amendment rights of all scientists, including federally funded ones, to release all information to the public in the absence of a compelling reason to withhold it.

Cameras in the Courtroom: What is your view on allowing television and still photography, as well as live video and audio coverage, in federal district and appellate courtrooms and in the Supreme Court?

I believe that each court must make its own determinations on what it is most comfortable with in each circumstance.