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Lawmakers hide in their own loopholes

In cautioning federal agencies about an outrageous provision of the federal Freedom of Information Act, a Texas congressman has reminded the American people of it, too.

Rep. Jeb Hensarling, R-Texas, has sent letters to about a dozen agencies regarding press inquiries about government documents. Hensarling is chairman of the House Financial Services Committee.

His letters cautioned agencies that if asked by journalists, they should not release any communications with his committee.

Hensarling reminded those in the executive branch that under the law, Congress, not the executive branch, has control over whether documents, printed or electronic, are released to the press and public.

He is correct. In enacting the Freedom of Information Act, Congress was careful to exempt itself from compliance. In other words, the only explanation for a refusal to release any document involving a communication with lawmakers is, “We don’t have to do that.”

The New York state Legislature did the same thing with its Freedom of Information Law — lawmakers wrote the law so it wouldn’t apply to themselves.

There may be reasons some communications between government agencies and lawmakers should be confidential. In Hensarling’s committee, such documents could tip financial institutions off to potential action by lawmakers.

But a blanket exemption from Freedom of Information laws is absurd. FOIA already contains strict safeguards to protect national security and to handle other legitimate concerns about confidentiality.

The exclusion is just one more example — and there are many — of Congress and the state Legislature telling everyone else what to do while exempting themselves.

Especially on an issue as critical to public trust as transparency, the people’s representatives ought to lead the way, not be the first ones in hiding.

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