We begin with this:
In a recent case brought by the ACLU of Southern California, the FBI denied the existence of documents. But the court later discovered that the documents did exist. In an amended order, U.S. District Judge Cormac Carney wrote that the “Government cannot, under any circumstance, affirmatively mislead the Court.”
A proposed rule to the Freedom of Information Act would allow federal agencies to tell people requesting certain law-enforcement or national security documents that records don’t exist — even when they do.
Under current FOIA practice, the government may withhold information and issue what’s known as a Glomar denial that says it can neither confirm nor deny the existence of records.
The new proposal — part of a lengthy rule revision by the Department of Justice — would direct government agencies to “respond to the request as if the excluded records did not exist.”
This is of course wonderful, if you’re a lying sack of shit: previously you could deny lying, or that whole “shit” part, but now you don’t even have to admit to the existence of a sack. No wonder Justice is embracing the concept.
At this point, we’re going to have to nuke DOJ from orbit.