Fannie Mae-No Politics (FNMA)

[jacklanvo99]

Finally, the case underscores the drawbacks of executive privilege and secrecy. It is becoming increasingly obvious to all fair-minded observers that the government's indiscriminate invocation of privilege and demands for secrecy are nothing more than attempts to shield dubious government actions from the disinfecting sunshine of publicity.

In April, Judge Sweeney strongly hinted that the government was hiding the truth: "The court will not condone the misuse of a protective order as a shield to insulate public officials from criticism in the way they execute their public duties."

Judge Sweeney's order has such repercussions and is such a repudiation of the executive that the latter recently sought a writ of mandamus from the Court of Appeals of the Federal Circuit. Here's hoping that the Court of Appeals denies this attempt to overturn Judge Sweeney's order. The Court of Appeals should reject the government's renewed attempts to shroud the truth.

To be clear, secrecy is often necessary in government. But in this case, there are no matters of national security or foreign affairs, contexts in which claims of privilege have some purchase. We are not talking about military secrets or a list of spies. Rather this case is not about the government's seizure of private property in a manner inconsistent with the Takings Clause and in a method contrary to federal statutes.

Judge Sweeney's welcome opinion begins the long-overdue process of ending the government's stonewalling.
http://www.investors.com/politics/commentary/another-sweeping-rebuke-of-government-secrecy/