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  • Recommended: Bomb plot briefing may undercut DOJ's case for AP records seizure
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  • 5
    Jan
    2013
    4:31am, EST

    After Newtown, public access to US gun records is a flashpoint

    By M. Alex Johnson, NBC News

    The shootings of 20 young children and six adult workers last month at a Connecticut elementary school has revived debate not only over gun control, but also over whether the holders of handgun permits should be identified publicly.


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    The fiercely contested question of confidentiality for handgun permit holders arose last month after the shooting in New York's Lower Hudson Valley published the names of local gun owners. The newspaper, the Journal News, based in Nyack, N.Y., reportedly had to hire armed guards because of the outpouring of anger that greeted publication of its map.


    The newspaper acted after the shootings at Sandy Hook Elementary School in Newtown on Dec. 14, which also claimed the lives of the gunman, 20-year-old Adam Lanza, and his mother, spurring new activism for gun control. It was able to get the information through the state's freedom of information, or FOI, laws.

    The same information isn't available in Connecticut, because that data is exempt from state FOI law. But after the Newtown massacre, Democratic state Rep. Stephen Dargan introduced a bill to change that. His measure, which has yet to receive its first hearing, would make the names and addresses of about 170,000 handgun permit holders in the state available to the general public, NBC 30 of Hartford reported.

    NBCConnecticut: Lawmaker proposes publicizing gun owners' names

    "Most things are FOI-able now," Dargan told the Hartford Courant this week. "I don't know why a responsible gun owner is worried about whether a permit for a revolver is FOI-able or not."

    If you're wondering whether you can get hold of such information in your state, chances are you can't.

    Under a federal law, the FBI conducts an instant background check on prospective gun buyers for federally licensed dealers to make sure the buyers don't have criminal records or are otherwise ineligible. But how the states handle that information once a sale has been approved is all over the map. 

    Most states collect the background information from dealers and require a separate state permit to own the weapon. But most of them don't make the information publicly available. 

    A survey of the gun registration and permitting in all 50 states by NBC News indicates that 39 of them shield background information, permits and registrations from public inspection, with exceptions for law enforcement and other official agencies. Nine others make the data public or have no laws addressing confidentiality.

    In Florida and Illinois, concealed-weapons debate lays bare the politics of gun control

    The issue is moot in Vermont, which doesn't require a permit to carry a weapon, and in Nevada, where the picture is unclear.

    Nevada state law declares that the identities of applicants for permits are confidential, but in 2010, the state Supreme Court struck down part of the law, ruling that the identity of permit holder should be an open public record once the permit has been issued.

    Here's a state-by-state breakdown:

    CONFIDENTIAL
    Alabama, Alaska, Arizona, Arkansas (.pdf), Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii (.pdf), Idaho, Illinois, Indiana, Kansas, Kentucky (.pdf), Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey (.pdf), New Mexico (.pdf), North Dakota (.pdf), Ohio (limited exceptions for journalists), Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, Wisconsin, Wyoming

    GENERALLY OPEN OR NO LAW
    California, Iowa, Mississippi (45 days after issuance of permit), Montana, New York, North Carolina, Oregon, Tennessee, West Virginia

    After a bloody 2012, some in Congress are seeking to centralize records on gun owners nationwide — Sen. Dianne Feinstein, D-Calif., for example, has proposed legislation that would create a national gun registry, collecting IDs, photos and fingerprints of owners of most legal weapons.

    Her proposal says nothing about making the registry public.

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    1062 comments

    Sorry, no time to debate school safety or protecting out school children. We're busy wasting time on gun control and permits.

    Show more
    Explore related topics: crime, foia, gun-control, featured, freedom-of-information, permits, nbcconnecticut
  • 29
    May
    2012
    2:24pm, EDT

    In '86 exercise, nuclear device 'destroyed' downtown Indianapolis

    By Bill Dedman
    Investigative Reporter, NBC News

    We've seen them in the movies, but now we can read the real-life history of America's nuclear warriors, the Nuclear Emergency Search Team, known as NEST. The story of NEST, which would protect the U.S. in the case of an attempt at nuclear extortion or terrorism, is told in declassified documents published Tuesday.

    The 69 documents, released under the federal Freedom of Information Act, were published by the National Security Archive, a respected research organization at George Washington University. (More about the National Security Archive.)


    They tell the story of MIGHTY DERRINGER, a training exercise in 1986 in which NEST attempted to find a nuclear device smuggled into Indianapolis. In the training scenario, the device was detonated, destroying 20 blocks of downtown Indianapolis. 


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    The archive said the documents "offer the first detailed public look at the inner workings of the agencies, military units and other U.S. entities responsible for protecting the country from a terrorist nuclear attack."

    And they reveal problems that can arise in coordinating the many organizations that would respond to such an attack: problems of bomb detection, interagency coordination, containment of contamination and general "confusion." 

    "While the MIGHTY DERRINGER exercise and resulting documents are over two decades old," the archive said, "the institutions participating in the exercise retain their roles today, and the issues confronting them in 1986 are similar to the ones that they would face in responding to a nuclear threat in 2012 (and beyond)."

     You can read all 69 documents at this page from the National Security Archive.

    More content from msnbc.com and NBC News:

    • Teen wins right to wear 'Jesus Is Not a Homophobe' T-shirt to school
    • Nuclear terrorism: 1986 NEST files reveal confusion in training exercise
    • Violent holiday weekend claims at least 10 lives in Chicago
    • What caused naked face-chewing attack: Bath salts, LSD?
    • Video: Bear cools off in backyard pool

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    88 comments

    I think the only people who wanted to nuke Indianapolis in the 80s were Baltimore

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    Explore related topics: terrorism, nuclear-weapons, foia, nest
  • 23
    Feb
    2012
    5:22pm, EST

    Emails show Palin as governor: 'I can't take it anymore.'

    Mark Wilson / Getty Images

    The last of the emails that the state of Alaska could recover from Sarah Palin's brief term as governor were released on Thursday.

    Editor's note: Here's a link to msnbc.com's previous coverage of a release of Sarah Palin's public records, and our database where you can read those public documents. The Associated Press was apparently the only news organization to be notified by the state that new records were available. Here is the AP's report. Others that had requested them said they had not been informed of the release. They include Mother Jones magazine (which blogged about the odd release), CNN, The Washington Post, ABC News, and the Republican political activist Andrée McLeod, who said Thursday, "The culture of corruption continues unabated."

    By Becky Bohrer
    The Associated Press

    JUNEAU, Alaska—In the final months before she resigned as Alaska's governor, Sarah Palin displayed growing frustration over deteriorating relationships with state lawmakers and their perceived efforts to "lame duck" her administration, along with outrage over ethics complaints that she felt frivolously targeted her and prompted her to write: "I can't take it anymore."

    The details are included in more than 17,000 records released Thursday by state officials -- nearly 3 1/2 years after citizens and news organizations, including The Associated Press, first requested Palin's emails.

    By the spring of 2009, the emails show, Palin was regularly butting heads with lawmakers of both parties over her absences from the Capitol and over her picks for vacancies in the state Senate and her own cabinet. The emails she sent to staff illustrate Palin's growing suspicion that those legislators were seeking to undermine her administration by harping on how often she was away from Juneau, the state capitol.

    She asked her aides to tally how many days she was out of Alaska in 2008. The staff came up with 94 days, but 10 less if you count travel days when she was in the state part of the day, The absences included all of October and most of September while she was on the campaign trail as the GOP vice presidential candidate.

    "It's unacceptable, and there must be push back on their attempts to lame duck this administration," Palin wrote to her top aides on April 9. "That's only going to get worse as they try to pull more bs and capitalize on me being out of the capitol building for 36 hours," she wrote aides.

    Palin also asked her aides to see if they could hold certain legislators' "feet to the fire" and hold votes on her nominees. She wrote words of encouragement to Wayne Anthony Ross, her nominee for attorney general, telling him to "stay strong."

    "Those who want to turn this into a kangaroo court will soon see you confirmed as Alaska's AG," Palin wrote.

    Ross was not confirmed, the first ever cabinet level candidate rejected by the Alaska Legislature. Palin traveled to an anti-abortion rally in Indiana the day he was defeated.

    Tim Crawford, treasurer of Sarah Palin's political action committee, encouraged everyone to read the emails. "They show a governor hard at work for her state," he said.

    The emails are the last of her emails from her time as governor, according to Alaska state officials. Citizens and news organizations, including the AP, first requested Palin's emails in September 2008, as part of her vetting as the Republican vice presidential nominee. The state released a batch of the emails last June, a lag of nearly three years that was attributed to the sheer volume of the records and the flood of requests stemming from Palin's tenure.

    The 24,199 pages of emails that were released last year left off in September 2008. When it became clear that the June release would not include all the emails from Palin's tenure last June, requests were then made for the remaining emails. Thursday's release includes 17,736 records, or 34,820 pages, generally spanning from October 2008 until Palin's resignation, in July 2009. Of those, 13,791 records were released without redactions, according to the governor's office. Another 965 documents were withheld.

    Several media organizations, including msnbc.com, said they were not informed of Thursday's release.

    Sharon Leighow, a spokeswoman for the current governor, Sean Parnell, said she was looking into why msnbc.com was not on the list.

    Palin's frustration over a series of ethics complaints filed against her, one of the issues she cited when stepping down, emerges in a series of e-mails on March 24, 2009.

    "These are the things that waste my time and money, and the state's time and money," she wrote to then-Lt. Gov. Parnell.

    In an April 2009 email, she commiserated over a story indicating another ethics complaint was to be filed: "Unflippinbelievable... I'm sending this because you can relate to the bullcrap continuation of the hell these people put the family through," she wrote to Ivy Frye, an aide during the first part of her term, and to Frank Bailey.

    Later that day, in an email to her husband and two top aides, on the issue, she said: "I can't take it anymore."

    The first batch of emails released last June, before she announced she would not run for president, showed that Palin was angling for the vice presidential slot months before John McCain picked her to be his running mate. Those records produced no bombshells, while painting a picture of an image-conscious, driven leader, struggling with the gossip about her family and marriage, involved in the day-to-day duties of running the state and keeping tabs on the signature issues of her administration.

    Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

    736 comments

    Where IS Mrs. Palin, by the way? Or, for that matter, Karl Rove, George W. Bush and Dick Cheney? Has the GOP locked them all in Cheney's "secret location" until after the election, hoping we'd forget they exist?

    Show more
    Explore related topics: ethics, email, documents, foia, featured, palin
  • 4
    Nov
    2011
    9:06pm, EDT

    US reconsiders, now says it's not really OK to lie to reporters

    U.S. Justice Department

    By M. Alex Johnson
    NBC News

    The Justice Department has gotten the message from journalists, interest groups and government watchdogs and has decided to withdraw its proposal to allow federal agencies to lie to people seeking sensitive documents under the Freedom of Information Act.

    Currently, if a requested document is so sensitive that it would be dangerous to acknowledge its very existence, the government is allowed to tell you that it can neither confirm nor deny whether there is such a document.

    Last month, the Justice Department proposed a rule revision that would let government agencies tell requesters there is no such document — even if there is. According to the proposal, which was retrieved by the nonprofit investigative project ProPublica, agencies would be allowed to "respond to the request as if the excluded records did not exist."


    (You can read ProPublica's original story here and — assuming you want to plow through all 9,000 words of it — the entire DOJ proposal here.)

    The proposal drew together an odd assortment of Washington types in opposition, collecting Republicans like Sen. Charles Grassley of Iowa and Rep. Lamar Smith of Texas with Democrats like Sens. Pat Leahy of Vermont and Mark Udall of Colorado under the umbrella of the American Civil Liberties Union, which uncovered the proposal.

    Grassley sent a letter to the Justice Department last month demanding an explanation. (As the ranking Republican on the Senate Judiciary Committee, he can feel fairly certain that his letters get read by top officials there.) He said in a statement this week that "the Justice Department decided that misleading the American people would be wrong, and made the right decision to pull the proposed regulation."

    Laura Murphy, who runs the ACLU's D.C. operations, said putting an end to "lies about the mere existence of documents is one step toward restoring Americans' trust in their government."

    NPR has a good explanation of the background to the dispute here.


    Alex Johnson covers breaking news, projects and technology for msnbc.com. Follow him on Twitter at @MAlexJohnson and on Facebook at MAlexJohnsonMSNBC.

    195 comments

    If the justice department is allowed to lie about the existence of a document, then they have defacto eliminated the freedom of information act. Wonder how many other laws the "justice" department has decided they do not have to obey

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    Explore related topics: u-s, justice-department, foia, featured
  • 30
    Sep
    2011
    1:23pm, EDT

    DHS says don't call us. Really.

    By M. Alex Johnson
    NBC News

    The Department of Homeland Security has a reputation among journalists and other government officials for being hard to get a straight answer from. For instance, there was its highly publicized refusal, in the face of repeated attempts by reporters and state and local governments, to say one way or the other whether local authorities could opt out of an immigration program called Secure Communities. 

    Now, Federal Times, a newspaper and website devoted to covering the workings of the federal government, reports that DHS won't even give it the work phone numbers and email addresses of its public affairs officers — the people it pays to deal with the press and the public. The only information it will give out is the number of the main public affairs switchboard.

    The reason? In a response to a Freedom of Information request for public numbers and addresses, DHS said revealing the information — which would simply allow citizens and journalists to reach spokesmen for the government at their government offices — would be an invasion of privacy. Federal Times said DHS cited the provision of FOI law that is supposed to protect medical records.

    Tales of a DHS FOIA (Federal Times)

    21 comments

    "I want justice. And there's an old poster out West, I recall, that says, 'Wanted: Dead or Alive.' " George W. Bush September 17, 2001 I find it laughable that the right-wing in the U.S. started yelling to defend Osama Bin Laden after he was killed.  It was President George W. Bush who came right o …

    Show more
    Explore related topics: privacy, foia, featured, dhs
  • 18
    Apr
    2011
    11:33am, EDT

    Obama's White House visitor logs: less than full disclosure

    By Bill Dedman
    Investigative Reporter, NBC News

    The Center for Public Integrity and Politico have an interesting follow-up story on the lists of visitors to President Barack Obama's White House. Readers may remember that msnbc.com pursued the visitor logs persistently, reporting in a series of articles on gaps in the White House release of public records.

    Here's the gist of Politico's story:

    The White House website proudly boasts of making available “over 1,000,000 records of everyone who’s come through the doors of the White House” via a searchable database.

    Yet the Center’s analysis shows that the logs routinely omit or cloud key details about the identity of visitors, whom they met with and the nature of their visits. The logs even include the names of people who never showed up. These are critical gaps that raise doubts about the records’ historical accuracy and utility in helping the public understand White House operations, from social events to meetings on key policy debates.

    The reporters point out how few visitors are recorded with the former White House chief of staff, Rahm Emanuel, with visitors apparently ascribed to underlings who set up meetings.

    Read the rest of the story by Viveca Novak and Fred Schulte, on Politico's website.

    As we've pointed out before, another weakness in the records is that they give no hometown, and often no affiliation. Knowing a name is not enough to know whether the name listed is the same as a person who represents a particular lobbying interest.

    And the White House has not released most of the records from the first eight months of the administration. To find out whether someone visited during that period, a member of the public or journalist must guess at the names. The administration will confirm a visitor during that period, but won't release the list wholesale. The White House says the Secret Service data system was not set up for wholesale release during that period, with confidential and security information mixed in with visitor logs.

    Still today, the Obama White House takes the same position as its predecessors, arguing that its release of visitor logs is voluntary. Msnbc.com and others have argued, and federal courts have ruled, that release is required under the Freedom of Information Act, because these are agency records under the control of the Secret Service. (Agency records are subject to the FOIA law, while White House records are not.)


     

    The Obama administration argues, correctly, that it is the first to release wholesale information on visitors. Still, it's also true that it did so under pressure from the press and advocacy groups, and that its release of information has been less than 100 percent.

    Stories in our msnbc.com series on the White House visitor logs:

    • Obama blocks list of visitors to White House
    • After lawsuit, Obama opens a bit of info on meetings with health care executives.
    • Obama yields on most White House visitor logs
    • Help figure out who has been lobbying Obama
    • Obama names 110 White House visitors
    • Obama is sued for White House visitor list

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    2 comments

    Different clowns...same circus. Some things never change.....Even from someone who promised 'Change You Can Believe In'......LOL......

    Show more
    Explore related topics: obama, documents, foia

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