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August 23, 2018 By Richard Bowen

Truth, Trust, Transparency: The Hijacking of FOIA

Last week following an initiative by the Boston Globe some 350 news organizations’ editorial boards published their views on the continual harassment they have encountered from our present administration.

Our administration has called the press the “enemy of the people,” “very dangerous,” “sick,” and has labeled their reporting as “fake news.”

As the Better Government Association (BGA) has pointed out, “nobody goes into journalism to make friends. When we expose, catch or correct the people in power, we don’t expect them to like it, we expect them to strike back.” And media has been the brunt of attacks from the government since its inception.

The Boston Globe editorial board wrote, ”the principal of a free press has protected journalists at home and served as a model for free nations abroad. Today it is under serious threat.” In fact so much so that “29% of Americans overall agree with President Trump that the news media is the enemy of the people … 26% of Americans say that the president should be able to close news outlets for bad behavior.”  

The Globe went on to say that “the greatness of America is dependent on the role of a free press to speak the truth to the powerful… to label the press ‘the enemy of the people’ is as un-American as it is dangerous to the civic impact we have shared for more than two centuries.”

The press’s job is to report the truth as they see it and serve as a watchdog which holds government officials accountable. This was true in 1789 and holds even truer today. A vibrant and free press is critical to the sustaining of law, to rectify injustices and hold elected officials accountable.

[bctt tweet=”The #press’s job is to report the truth as they see it and serve as a #watchdog which holds #government officials #accountable.” username=”RichardMBowen”]

Does it always do the best job? No. However, the continued attacks on freedom of the press and the public’s right to know are being eroded contributing to the press not being able to do a thorough job. We are headed down a slippery slope and nowhere is this more evident than in the withholding of information guaranteed by the Freedom of Information Act (FOIA).

[bctt tweet=”The continued attacks on freedom of the press and the public’s right to know are being eroded contributing to the #press not being able to do a thorough job. #FOIA” username=”RichardMBowen”]

A recent AP news report headlined that the US sets a new record for censoring by withholding government files.  The censorship specifically referred to FOIA, a tool that allows citizens and journalists to access records from the government and may well be part of the attack against freedom of speech and the press.

Image: www.foia.gov

People who asked for records under the Freedom of Information Act received censored files or nothing in 78 percent of 823,222 requests, a record over the past decade. In a little over half of these cases, the government provided no records, saying it could find no information related to the requests.

In other cases, the times the government said it would be illegal under FOIA or other U.S. laws to release requested information nearly doubled to 63,749. A disturbing trend continued: in more than one-in-three cases, the government reversed itself when challenged and acknowledged that it had improperly tried to withhold pages of requested documents.

The federal government also spent $40.6 million last year in legal fees defending its decisions to withhold federal files, also a record.

Interesting, spending taxpayer money to prevent the taxpayer from what they have a right to know!

[bctt tweet=”Interesting, spending #taxpayer money to prevent the taxpayer from what they have a right to know! #FOIA #government” username=”RichardMBowen”]

As I wrote about some time ago, FOIA is a critical element to the freedom of the press and journalists accessing information. It is a law that gives citizens (including press) the right to access information from the federal government and is often described as a law that helps keep citizens in the know about what the federal government is up to. In fact, many investigations would not be possible without FOIA.

The Freedom of Information Act, or FOIA as it is commonly known, became the law of the land in 1966 in order to make it easier for the American people to get access to documents, notes and other relevant information about how the federal government wields its considerable power.

The premise of FOIA is that people have the right to know about the affairs of government without government determination on what they think expedient for citizens to know or not know. It allows for oversight over the activities of government and serves to reduce government corruption.

The Freedom of Information Act empowers citizen control over their government, but far too often the government has been shown to be arbitrary in withholding information when responding to FOIA requests.

I can personally attest to this. William D. Cohan, a former investment banker and author of Why Wall Street Matters , filed FOIA requests for my sworn SEC testimony, which was given to the SEC three months before the bank bailouts. The SEC refused to release any of the 1,000+ pages evidencing fraud I had voluntarily provided to them, saying they were “confidential” and “trade secrets,” even though some of the pages showing the fraudulent representations and other documents which were given to the purchasers of mortgage-backed securities were printed off the internet from public securities registrations.

The Better Government Association (BGA) says, “it’s hard to say whether FOIA bureaucrats across the country are emboldened by the anti-press rhetoric from Washington. But just as journalists last year filed more than 100 FOIA lawsuits nationwide, double the rate in 2016, we are filing more lawsuits, too, in the face of FOIA resistance by officials.”

The Guardian tells us that freedom of the press was certainly not invented in the United States, but there are few nations in which the importance of an independent press has been so closely woven into its long history. This great American tradition of civic respect for truth and truth-telling is now under threat from a consistent policy of undermining, delegitimizing and even endangering the press’s work.

When the Associated Press (AP) analysis of new data declares “The federal government censored, withheld or said it couldn’t find records sought by citizens, journalists and others more often last year than at any point in the past decade, then we need to pay attention. 

[bctt tweet=”To deny citizens access is a travesty as I can well relate to given my own experience with the system. #FOIA #citi ” username=”RichardMBowen”]

FOIA was written to ensure this transparency. While it’s costly and cumbersome, it has repeatedly exposed executive branch abuses. To deny citizens access is a travesty as I can well relate to given my own experience with the system.

“Whoever would overthrow the liberty of the nation must begin by subduing the freedom of speech.”

–Cato, Essay 15, 4 February 1720; New-York Weekly Journal, 18 February 1733

 

Related Posts

  • The Freedom of Information Act – a Way to Keep Government Honest…and Our Democracy Safe
  • How Wall Street Foils Truth, Trust, Transparency and Democracy
  • Boards Must Take Responsibility!

The Press: Opinions, Facts or Lies?
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Richard Bowen is widely known as the Citigroup whistleblower. As Business Chief Underwriter for Citigroup during the housing bubble financial crisis meltdown, he repeatedly warned Citi executive management and the board about fraudulent behavior within the organization. The company certified poor mortgages as quality mortgages and sold them to Fannie Mae, Freddie Mac and other investors.

What People Are Saying About Richard M. Bowen

William D. Cohan"Richard Bowen is one of my heroes. His is a story of human fortitude at its best and Wall Street at its worst."

~ William D. Cohan, NY Times Best Selling Author
2017-06-30T10:08:59-05:00
"Richard Bowen is one of my heroes. His is a story of human fortitude at its best and Wall Street at its worst." ~ William D. Cohan, NY Times Best Selling Author
https://richardmbowen.com/testimonials/2556/

Eileen McDonnell"Richard Bowen reinforced my motto that "there is no right way to do a wrong thing.” Long after his presentation, the conversation has continued about personal responsibility and the courage to challenge things that appear to be wrong. We encourage this dialog and rely on it to help make our business stronger."

~ Eileen McDonnell, Chairman, CEO, & President, Penn Mutual
2015-02-13T19:51:19-06:00
"Richard Bowen reinforced my motto that "there is no right way to do a wrong thing.” Long after his presentation, the conversation has continued about personal responsibility and the courage to challenge things that appear to be wrong. We encourage this dialog and rely on it to help make our business stronger." ~ Eileen McDonnell, Chairman, CEO, & President, Penn Mutual
https://richardmbowen.com/testimonials/711/

Ben Stein"Richard Bowen, you are a star and a hero."

~ Ben Stein, Economist and Political Commentator
2015-02-13T19:50:26-06:00
"Richard Bowen, you are a star and a hero." ~ Ben Stein, Economist and Political Commentator
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Jim Farrell"Richard's speech at the April Financial Executives International dinner was informative, interesting, riveting, and fast moving.  The feedback from members was overwhelming positive, and Richard received one of the few standing ovations given by our membership."

~ Jim Farrell, Program Chairman, Dallas Chapter, Financial Executives International
2014-12-28T19:48:17-06:00
"Richard's speech at the April Financial Executives International dinner was informative, interesting, riveting, and fast moving.  The feedback from members was overwhelming positive, and Richard received one of the few standing ovations given by our membership." ~ Jim Farrell, Program Chairman, Dallas Chapter, Financial Executives International
https://richardmbowen.com/testimonials/532/

Dennis McCuistion"Richard Bowen has been there, done that, and has the scars to prove it, and his message of corruption at the highest levels of industry and government needs to be heard. I only wish that more bankers had the courage that Bowen exhibits. He is not only one of the most talented bankers I have ever met, he has more integrity than all the bankers on Wall Street put together. If his former employer had listened to him taxpayers would not have had to bail out Citi for the third time in the last 30 years."

~ Dennis McCuistion, Host of the McCuistion TV program
2014-12-28T19:48:06-06:00
"Richard Bowen has been there, done that, and has the scars to prove it, and his message of corruption at the highest levels of industry and government needs to be heard. I only wish that more bankers had the courage that Bowen exhibits. He is not only one of the most talented bankers I have ever met, he has more integrity than all the bankers on Wall Street put together. If his former employer had listened to him taxpayers would not have had to bail out Citi for the third time in the last 30 years." ~ Dennis McCuistion, Host of the McCuistion TV program
https://richardmbowen.com/testimonials/533/

Betty Garrett"Richard Bowen is a dynamic, entertaining speaker and story-teller - a CPA with a great personality!"

~ Betty Garrett, Garrett Speakers International
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"Richard Bowen is a dynamic, entertaining speaker and story-teller - a CPA with a great personality!" ~ Betty Garrett, Garrett Speakers International
https://richardmbowen.com/testimonials/531/

fred-timmons"I believe Richard Bowen is the only keynote speaker to ever receive a standing ovation from the Texas Society of CPA’s at any of its annual conferences."

~ Fred Timmons, Chairman of The Texas Society of CPA's
2014-12-28T19:47:22-06:00
"I believe Richard Bowen is the only keynote speaker to ever receive a standing ovation from the Texas Society of CPA’s at any of its annual conferences." ~ Fred Timmons, Chairman of The Texas Society of CPA's
https://richardmbowen.com/testimonials/530/

"The most emotional and impactful session was absolutely Richard Bowen and the Citi Mortgage case. I was somewhat aware of the challenges and hardships faced by whistleblowers. The HBR case and documentary on Sherry Hunt's experience provided a strong understanding of the case and overall situation. However, the nuance and emotion that Bowen brought in his lecture will be one of my lasting memories of the program. His unique perspective of the exhausting experience of constantly trying to do the right thing only to be stonewalled by his leadership, and later, the US government, highlights the challenges of doing the right thing, yet the importance of someone speaking up. Bowen made whistleblowing personal to us, and I will never forget his quote that if you see wrongdoing, you have two choices, "say something or get out." Taking a stand will have an enduring impact on your career and life regardless of the outcome. It certainly causes me to prioritize selecting the right corporate culture in my future organizations."

~ EMBA student review after Richard spoke to the class

2024-09-25T16:10:48-05:00
"The most emotional and impactful session was absolutely Richard Bowen and the Citi Mortgage case. I was somewhat aware of the challenges and hardships faced by whistleblowers. The HBR case and documentary on Sherry Hunt's experience provided a strong understanding of the case and overall situation. However, the nuance and emotion that Bowen brought in his lecture will be one of my lasting memories of the program. His unique perspective of the exhausting experience of constantly trying to do the right thing only to be stonewalled by his leadership, and later, the US government, highlights the challenges of doing the right thing, yet the importance of someone speaking up. Bowen made whistleblowing personal to us, and I will never forget his quote that if you see wrongdoing, you have two choices, "say something or get out." Taking a stand will have an enduring impact on your career and life regardless of the outcome. It certainly causes me to prioritize selecting the right corporate culture in my future organizations." ~ EMBA student review after Richard spoke to the class
https://richardmbowen.com/testimonials/4629/

Presentation Topics

Playing for High Stakes: The Principles and Practice of Ethical Leadership

Dark Citi: The Story of a Whistleblower

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Now an ethical leadership speaker, Richard Bowen was Citigroup's Business Chief Underwriter during the housing bubble.

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