OPEN GOVERNMENT — On the first full day of his administration, President Obama announced several emphatic improvements in executive branch transparency policies. As summarized by the press office:

In the Presidential Memorandum on Transparency and Open Government, and the Presidential Memorandum on the Freedom of Information Act, the President instructs all members of his administration to operate under principles of openness, transparency and of engaging citizens with their government.  To implement these principles and make them concrete, the Memorandum on Transparency instructs three senior officials to produce an Open Government Directive within 120 days directing specific actions to implement the principles in the Memorandum.  And the Memorandum on FOIA instructs the Attorney General to in that same time period issue new guidelines to the government implementing those same principles of openness and transparency in the FOIA context.
Finally, the Executive Order on Presidential Records brings those principles to presidential records by giving the American people greater access to these historic documents.  This order ends the practice of having others besides the President assert executive privilege for records after an administration ends.  Now, only the President will have that power, limiting its potential for abuse.  And the order also requires the Attorney General and the White House Counsel to review claims of executive privilege about covered records to make sure those claims are fully warranted by the Constitution.

The press office also supplied a transcript of the President's introductory comments (video here).

For Immediate Release
January 21, 2009


Room 450
Eisenhower Executive Office Building

1:18 P.M. EST

    THE PRESIDENT:  Hello, everybody.  Please be seated.  Still getting used to that whole thing.  (Laughter.)  Please be seated.  Thank you so much.  I wanted to get everyone together on the first day to welcome you to the White House.

    From our vantage point yesterday you couldn't help but be inspired by the sight of Americans as far as the eye could see.  They were there because they believe this is a moment of great change in America, a time for reinvigorating our democracy and remaking our country.  They've entrusted all of us with a great responsibility.  And so today I'd like to talk with you about our responsibility to keep that trust.

    In a few minutes I'm going to be issuing some of the first executive orders and directives of my presidency.  And these steps are aimed at establishing firm rules of the road for my administration and
all who serve in it, and to help restore that faith in government, without which we cannot deliver the changes we were sent here to make — from rebuilding our economy and ensuring that anyone who is willing to work and find a well-paying job, to protecting and defending the United States, and promoting peace and security.

    However long we are keepers of the public trust we should never forget that we are here as public servants and public service is a privilege.  It's not about advantaging yourself.  It's not about advancing your friends or your corporate clients.  It's not about advancing an ideological agenda or the special interests of any organization.  Public service is, simply and absolutely, about advancing the interests of Americans.

    The men and women in this room understand this, and that's why you're here.  All of you are committed to building a more responsible, more accountable government. 
    But the way to make a government responsible is not simply to enlist the services of responsible men and women, or to sign laws that ensure that they never stray.  The way to make government responsible is to hold it accountable.  And the way to make government accountable is make it transparent so that the American people can know exactly what decisions are being made, how they're being made, and whether their interests are being well served.

    The directives I am giving my administration today on how to interpret the Freedom of Information Act will do just that.  For a long time now, there's been too much secrecy in this city.  The old rules said that if there was a defensible argument for not disclosing something to the American people, then it should not be disclosed.  That era is now over.  Starting today, every agency and department should know that this administration stands on the side not of those who seek to withhold information but those who seek to make it known.

    To be sure, issues like personal privacy and national security must be treated with the care they demand.  But the mere fact that you have the legal power to keep something secret does not mean you should always use it.  The Freedom of Information Act is perhaps the most powerful instrument we have for making our government honest and transparent, and of holding it accountable.  And I expect members of my administration not simply to live up to the letter but also the spirit of this law.

    I will also hold myself as President to a new standard of openness. Going forward, anytime the American people want to know something that I or a former President wants to withhold, we will have to consult with the Attorney General and the White House Counsel, whose business it is to ensure compliance with the rule of law.  Information will not be withheld just because I say so.  It will be withheld because a separate authority believes my request is well grounded in the Constitution.

    Let me say it as simply as I can:  Transparency and the rule of law will be the touchstones of this presidency.

    Our commitment to openness means more than simply informing the American people about how decisions are made.  It means recognizing that government does not have all the answers, and that public officials need to draw on what citizens know.  And that's why, as of today, I'm directing members of my administration to find new ways of tapping the knowledge and experience of ordinary Americans — scientists and civic leaders, educators and entrepreneurs — because the way to solve the problem of our time is — the way to solve the problems of our time, as one nation, is by involving the American people in shaping the policies that affect their lives.

    The executive orders and directives I'm issuing today will not by themselves make government as honest and transparent as it needs to be. And they do not go as far as we need to go towards restoring accountability and fiscal restraint in Washington.  But these historic measures do mark the beginning of a new era of openness in our country. And I will, I hope, do something to make government trustworthy in the eyes of the American people in the days and weeks, months and years to come.  That's a pretty good place to start.

    Thank you very much.  (Applause.)

    (The executive order and directives are signed.)  (Applause.)