Kenneth Culp Davis Quotes
Open rules! Open standards! Open findings! Open precedents!
Kenneth Culp Davis, *-2003, Administrative Law Scholar, Quoted in Ronald M. Levin, “The Administrative Law Legacy of Kenneth Culp Davis,” San Diego Law Review, Vol. 42, No. 1, Winter 2005
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The SBU’s were invented by executive agencies without any congressional authorization and used to keep things from public view that did not meet the criteria of the security classification system. Many just saved the agencies from answering many questions but many were just cover ups for embarrassing government actions or incompetence.
The executive order to which this statement referred was the then new President’s first—Executive Order 13489. It was enthusiastically received by the public, historians, researchers and the media. However at the end of Obama’s two administrations, the system was a little better than when George W. Bush, blocked much of the Freedom of Information Act from being implemented. However, the agencies who want to operate in secrecy without having to deal with public criticism, had developed even more sophisticated techniques of avoiding transparency and when they must disclose, they have developed techniques to delay the process, sometimes even for years, while they study whether the material should be disclosed. The president personally declassified a few CIA files from decades ago that the agency maintained should be secret, but he did nothing else systemic so solve the problem of declassifying and material and nothing to control the over classification which virtually everyone agrees is a major problem. More material is being classified than ever.
See Louis D. Brandeis for an earlier phraseology.
Senator Dianne Feinstein, Chairman of the Senate Intelligence Committee, had released an unclassified Summary of the Committee Report on the CIA using torture and perverse treatment of suspect terrorists in the aftermath of the 9-11 attack on New York. Most Republicans argued vehemently that the Report should be classified and kept secret as the CIA behavior was so egregious, unpalatable, and morally reprehensible that there would be negative consequences including perhaps demonstrations and attacks against Americans in foreign countries. Moreover, Terrorist organizations would use the heinous CIA behavior as a recruiting tool for anti-American terrorists. McCain, who had himself been the victim of North Vietnamese torture cited the moral and ethical reasons to prohibit torture but also explained what has been proven over and over again that torture victims will tell the torturer any nonsense that they think the torturer might believe just to get obtain relief from the agony of the torture.
Who does and does not get parole often depends more on politics and political contributions than on any issue of merit. Keeping all the records secret and the meetings closed allows much of this to happen. In Georgia, the politicians are so desperate to be sure that no one can determine the truth about parole decisions that they have passed a law that even the highest judges of the state cannot subpoena parole board records even if they are material and necessary for criminal or civil trials.
The next article itemizes a few exceptions such as national security, but by and large government documents are accessible.
He was criticizing the George W. Bush Administration of his own party.
The Green Party and The Socialist Party had combined in an alliance. This was their publication. In addition to showing that the right to know and freedom of information was a major issue in other industrial democracies as well as the United States, the quotation is particularly interesting because the title of the article was used over 200 years before by none other than the American patriot, Patrick Henry. See {60328}. The phrase has been used many times in many lands since.
Kenneth Culp Davis (1908–2003) was an American legal scholar remembered as "the father of administrative law." He taught law starting in the 1940s and was a Professor of Law at the University of San Diego from 1976 until he retired in 1994.