The Emperor Has No Disclosure

President Barack Obama has woven an alluring tale for the American public about ushering in a new era of unparalleled transparency. During his campaigns, and time in office, he has unremittingly railed against the secrecy and executive excess of his predecessor. But when it comes to Obama’s own record, the change he promised is so transparent, we can’t even see it.

Recently, the president boldly claimed that he’s led “the most transparent administration in history,” yet despite the lofty rhetoric, the empirical data and good common sense demonstrate otherwise. Instead, Obama has circumvented Congress at every turn and has taken executive overreach to levels our country has never witnessed before.

Obama’s lack of transparency is especially troubling. Recent questions about the secrecy surrounding his administration’s domestic use of drones reached fever pitch last week, with Senator Rand Paul’s historic filibuster. Given the recent trepidation surrounding drones – and CIA Director John Brennan’s turbulent confirmation process over qualms concerning his record of transparency – the trend away from open government is very disconcerting.

According to a new report by the Associated Press, the administration in 2012 cited national security to withhold information at least 5,223 times–a jump of 980 over 4,243 such cases in 2011. At the same time, the CIA withheld or censored 60 percent of requests in 2012, an increase over 49 percent in 2011.

But these concerns extend far beyond the realm of just national security. Take, for example, the Federal Communications Commission, where Obama has implemented far-reaching internet regulations, impacting providers and consumers across America. Yet, Obama’s FCC has rejected FOIA requests at a higher rate than the Central Intelligence Agency, National Security Administration, and Department of Homeland Security, according to calculations released last year by Congressman Mario Diaz-Balart’s office.

In 2010, the FCC rejected 16.4 percent of FOIA requests on the basis of claiming they were “not reasonably described.” At the same time, the CIA’s denial rate on this criterion stood at 0.7 percent, the NSA denied just 0.5 percent, DHS had a denial rate of 0.2 percent, with the overall federal government average at 1 percent, according to a Justice Department report.

This marked decline in disclosure rates by the administration comes at a time when Obama has increasingly relied on his executive agencies to circumvent Congress when implementing controversial policies – including so-called “network neutrality” at the FCC, “cap and trade” at the EPA, and “card check” at the NLRB – that have failed to muster legislative support toward becoming law.

Obama’s executive power grabs may be done under the cover of darkness, but he’s laid his intentions out in the light for all to see. In 2011, Obama told the country on a radio address: “We can no longer wait for Congress to do its job… So where Congress won’t act, I will.”

Transparency in government is a goal for which Americans on the ideological left, right, and center can come together to support. But it’s one that this president, through hubris, arrogance, and an insatiable thirst for power has time and again turned a blind eye to.