tv [untitled] March 20, 2012 3:30pm-4:00pm EDT
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country. like i said they are here to help us go forward. they are not here to be basically worked by the older people, but basically to support our economy and we need to find a way to get them in. >> caller, thank you. >> well, i think we need to make sure that everybody who lives in this country is able to develop their full potential and their full human capital which is why public education is so important and we need to make sure that our schools are educating our children. the children who sit in our classrooms today are the future of this country and we need to make sure they receive a quality education. >> here's shreveport, louisiana on our republican line. bill. >> caller: yes, good morning. let me wish everybody a blessed day and bless our military. first comment. okay. this is the way it needs to be now. you take msnbc, like ed schultz says, we want the communist party in our party. let the blacks, the hispanics, the muslims take over -- over that wing of the party, the
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progress i was, get the independents, the republicans, the conservatives, the tea party all come together as one and what hispanics and blacks want to come over to the right side of the aisle then we can have this country back for another 200 years. >> i know your organization doesn't actively participate in the campaign but education-wise as far as voter i.d. and voter education, are you part of that? >> well, we're doing all we can to make sure that at least 4.2 million latinos -- 12.2 million latino voters vote. it would be an increase over 2008. we're doing a voter education campaign across the country and working with both the english and spanish speaking communities to make sure that happens. latinos want to have a voice in our public policy debates and we
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want to make sure their voices are heard in november. >> margot rhett, last call. >> caller: mr. vargas, i've been married to a green card holder for 30 years, and we went through the process and expense and that and got here legally, actually lived in his country for a while, a european country. i'm curious, we've mentioned in the past on this program, a woman's dilemma if she's undocumented in this country and wants to report domestic violence against her, then she has to worry about, you know, reporting a crime, and she herself is participating in a crime, a federal crime, if she she is here illegally, and i'm curious how would your organization support -- what specifics would you have about redoing immigration in this country and would you be in favor of making marc-andre the e-verify system for employment. thanks so much. >> well, the e-verify system is an imprecise data set and that's
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one of the problems people have with it because people are being unfairly denied the opportunity to work because of the imprecise nature of e-verify and as far as the immigration system. it's a broken system. we need to fix it and need to make sure that people are able to immigrate to this country in a ration way and we're looking forward to a presidency and congress that helps make that happen. >> arturo vargas is the executive director of naleo, the national association of latino elected and appointed officials, and the website is naleo.org. mr. vargas, thank you. >> thank you. >> coming up, we'll simulcast today's edition of c-span radio's "washington today" program. that gets under way at 5:00 p.m. eastern live here on c-span three. illinois votes in the republican primary today. join us later for results live from the offices of politico. we'll also have speeches from mitt romney and rick santorum. ron paul and newt gingrich have no plans to speak. that's tonight at 7 378 eastep.
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on the c-span network and make c-span.org your clearing house for all things related to the campaign. watch video of presidential candidates and president obama from the campaign trail. search in the candidates on the issues section for the candidates' views on campaign issues like the economy, the deficit, national security and immigration. again, that's all at c-span.org/campaign2012. the u.s. supreme court will hear arguments on the health care law later this month. c-span will air same-day broadcasts of audio of the oral argument. that starts march 26th and runs through the 28th here on c-span 3 and c-span radio. i need my friends. they knew america where freedom is made real for all, without regard to race or belief or economic condition.
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[ applause ] i need a new america which everlastingly attacks the ancient idea that men can solve their differences by killing each other. [ applause ] >> as candidates campaign for president this year, we look back at 14 men who ran for the office and lost. go to our website, c-span.org/thecontenders to see video of the contenders who had a lasting impact on american politics. >> the prophets of the radical liberal left continue to offer only one solution to the problems which confront us. they tell us again and again and again we should spend our way out of trouble and spend our way into a better tomorrow. >> cspan.org/thecontenders.
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deputy u.s. trade representative and ambassador to the world trade organization michael punk monday delivered remarks on u.s. global trade interests. he said a solid partnership between the european union and the united states is essential in finding a viable way forward for the wto. his remarks were part of a conference hosted by the u.s. chamber of commerce and the organization business europe looking at trade priorities this year for the world trade organization. this is about half an hour. >> welcome back, everyone. many of you are still enjoying our lunch up in the foyer, and we've now had a wonderful keyneath note to start us off,
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and two panels, and we're now on the home stretch, and then we're going to have another luncheon keynote and then two more panels this afternoon. and i have the pleasure of first just telling you one thing by way of an administrative announcement of sorts. we've talked a lot this morning about the website. there's another place that you can go to find a lot of current information in sort of a series or sequential form chronologically and that's the collaboration on government secrecy website, cgs for short, and i could give you the long url for that, but all you have to do is go in google and put in cgs, clan rakes on government secrecy, washington university of law and it will pop up there and if you go to the table of comments section, you'll see the
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amendment of the foia which was created under the amendments and then you'll see a whole subsection on oges. we developed that because when it was amounted and now it's advanced to the point, so much going on we might even have that being an entire section of the cgs website finally when it's updated to its non-administrative form. i have the pleasure of introducing the luncheon speaker who we're quite well known to each other because we used to work so closely together for so many years that i think we once calculate that had at least during one long stretch of time we spent more time with one another than with our respective spouses, and -- and debby and karen observed that from time to time, as well, i'm sure. dick huff is going to speak to you under the title or give an address foia over the decade
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from ford to obama, and you'll notice there, we have the dates next to his name, 1976-2005. well, that's when he was at the department of justice. dick started with foia way, way back. first i should say he spent seven years on active duty with the army, and as a consequence of that, followup to that, he's now a retired colonel in the army reserve. he came to the department of justice in 1976 while the ford administration was still rolling along and saw the transition into the carter administration the following january, and he was at the justice department all the way to 2005. he retired about a year before i did. he and i were the founding co-founders of the office of information privacy and was there as one of the predecessors of the office prior to that. dick is more intellectual than
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he might look upon occasion. he has a b.a. from stanford. you got into stanford? apparently so. >> it was a lot easier to get into. >> back then, yes. that's when joan baez husband -- >> if i remember correctly, dan, you said that all of this was set out in your bios there so you didn't have to read about any of the people here, huh, is that right? >> well, that was for other people, not for you. dick, you're special. am i wrong? dick is special. >> yes. >> b.a. from stanford and masters from st. mary's university in texas while he was in the army, jd from hastings law school, which apparently the ranking has improved tremendously since you graduated. >> exactly. >> llm -- >> it is now fully accredited. >> yes. >> it is. >> and from what i understand it was a touch and go thing for a while. >> llm from georgetown
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university law center. needless to say, dick and i have over the years put on the dick and dan show frimtd, and this perhaps promises to be more of the same. so i'll just with that, given that the bios are out there, i will just say welcome to dick huff. >> thank you. what i would like to do is i would like to exercise -- first of all, would i like to thank you very much, dan, and hope that you will save your comments as the rest of you, save your comments and rebuttal until the end. >> i know where that's going to go. >> exactly, amend i'm also going to exercise the prerogative that i saw myriam to exercise to begin, and dan has now told you what he thinks i'm going to speak, and i'm going to modify that only slightly. this is not going to be an
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overview of the foia from the administration of president ford through the administration of president obama, but rather a worm's eye view of -- from the department of justice from 1976 through 2005. there are many of you here who are much more knowledgeable than i and certainly horqualified than i to speak as to what has happened inside the federal government since 2005. >>. [ inaudible ] >> with both teaching and other members and the like. you didn't just fall off the face of the earth with respect to foia, witness the fact that you're here. >> as i said, you can save the rebuttal until -- now to flush out or flesh out my background just a little bit more. as dan said, i -- i came to the
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department in 1976 after a seven-year clerkship with the department of army at ft. leonard wood, ft. zile, ft. sam houston, walter reed and the pentagon, and i want to the office of privacy and immigration. let's try that again, office of information and privacy appeals where i performed duties exclusively related to the appeals of the freedom of information act and privacy act requests. had congress -- >> this is the rebuttal, the office of privacy and information appeals? >> oipa, office of information and privacy appeals. >> your memory is better than mine. >> oh, ipa. i'm pretty sure that's what it was. >> okay. >> okay. >> i'm not sure what i just called it, but that's what -- that's what i've got written down which is not necessarily the same, i realize that.
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had congress not overridden president ford's veto of the -- of the 1974 foia amendments, i certainly wouldn't have had -- the fbi wouldn't have had the thousands of requests it got per year, and the deputy attorney general's, of which oipa was a part of, would not have had the hundreds of administrative appeals it had per year. so i thiank the congress in tha respect for overriding the veto. now dan, on the other hand, came to the department of justice. he had been there. he had served two clerkships before he got there as an attorney. he then served a judicial clerkship with judge oliver gesh, and then he came to the department i believe it was just shortly after i got there, somewhere in that general area. >> '77. >> and dan -- dan worked in the
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civil division specializing in foia litigation. now, in -- as he said, in 1982, the office of information and privacy was -- was formally created, and it brought together the prior appeals office and the prior policy office, and dan and i served as the -- as the two co-directors. he suggested my primary responsibility should be administrative appeals and budget, and his would be foia policy and litigation, and i agreed. that same year dan suggested that we update the freedom of information act short guide which was then only about 30 pages long and publish it in the foia case list. i agreed. subsequently, the department's legal education institute established a government-wide two-day training class on foia, and dan suggested that our staff
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should be the primary instructors. i agreed. later that year, dan suggested we include two new features in our quarterly publication foia update. the first would be foia counsellor q&as which consisted of short responses to the more routine, frequently asked foia questions. the second was a foia focus where we would profile someone active in the foia community. i agreed with both of these suggestions of his here. i note that the one problem we had with foia focus is that we did once feature the hud foia officers who four years later pled guilty to falsifying federal mortgage documents. >> not under indictment at the time. >> exactly, and if he was being investigated, it hadn't been shared with us. all right. in 1984, dan suggested
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publishing guidance on congressional access to agency records under the foia, exception and personal records and i agreed. due to the expansive growth of the short guide to the freedom of information act, the federal trade commission told us that it was false advertising to continue to call it the short guide, so in 1986 dan suggested it be called just the department of justice guide to the foia, and i agreed. in 1986 the legal education institute was no longer able to continue teaching these two-day foia classes, so dan suggested oip handle it all by ourselves, and while we're at it add two new courses, one for advanced foia personnel and another one of the one that dan referenced earlier, the dick and dan show, where the two of us once a year would go out and we would talk
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about all of the new cases of significance that had come out during the past year. well, this started out with about 200 people, and it grew up to slightly over 600 folks coming to attend. now, i was never sure exactly why the popularity grew so much, but i had a feeling it might have been for two reasons. one, it was actually a half-day class, and we never publicize it had as such, but i thought an awful lot of the people took off at, you know, right after we were gone and their agency never knew that it was a half day program. >> the anecdotal evidence is strong. >> and the other reason though, and i think dan has learned this lesson well. i think people came because we gave away free coffee and doe nuts, and i notice, doughnuts, heck, you're giving out danishes out there and lunches. you are really working to bring the people in here, dan, and i think that is a point dan has
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learned quite well. >> i cannot take any credit for here. long before i arrived at the washington college of law it was well known that the initial wcl stood for we cater lunch. there's food all over this place. >> all right. that's your side of the story. in -- in 19 -- late err that year foia reform was passed. i don't remember agreeing to that one. subsequently he suggested he draft a referendum on the 86 ament which he proudly presented to attorney general meese for his signature. i don't remember agreeing to this one way or the other either. that's the meese memorandum. >> did you agree when meese changed one word which was misspelled toe it was a good change. >> in 1987 dan recommended that we propose an executive order on
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the proper steps that an agency should take order on the steps that an agency should take to give notice to a commiter of business records when the agency receives a foya request for those records. i agreed, dan drafted it, and president reagan signed executive order 12600. in 1989, the government prevailed on the reporter's committee case in the supreme court. dan suggested that we draft and publish a policy piece describing all it's nuances. i agreed. dan suggested we publish along with the department of justice's freedom of information act guide, an overview of the privacy act of 1974, i agreed. in 1992, dan suggested that he
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write and we publish an article on the automatic disclosure provisions of a-1 and a-2 of the foya, thinking this was going to be one of the most informative topics, i agree agreed. dan -- there was a bit of a delay because attorney general reno's draft memo was shortened a bit when president clinton lifted some of dan's text verbatim and placed them in the first ever presidential memo on the foya. in the following six years, congress enacted the electronic foya amendments. >> you negotiated part of that, so you're partly to blame. i was out of town that summer, remember. >> exactly, dan is exactly
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wrong. the tiny piece that i was to negotiate, i failed miserably on, and it got left in. if negotiation can include, unsuccessful negotiation, i did it. but dan was doing all the heavy lifting over there. so what happened with the electronic amendments was he then immediately suggested that he draft numerous policy articles for foya updates explaining the legislation and i agreed. in 1998, congress decided to hold oversight hearings on this new legislation. dan suggested that i should be the one to testify on behalf of the department on behalf of these hearings even though he had all the background knowledge in the area, for the life of me, i do not remember why i agreed to that. but two years later, the house
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agreement on government reform delivered a subpoena to the department seeking testimony in an upcoming hearing entitled felonies and favors, a friend of the attorney general gathers information from the justice department. i suggested to dan that since i testified the last time, he might want to enjoy the experience this time. he explained that since i was the one who released the information on appeal at issue and that i did such a great job testifying last time, and finally because the subpoena was written in my name, i ought to be the one who testifies before chairman dan burton. although i had nonrefundable airline tickets for a summer vacation in idaho for the hearing's scheduled date, dan told me i had to come back.
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that hearing was no fun. all right. in march 2001, dan suggested we leap into the 21st century by dropping our update and posting our foya posts instead. although i was not even sure how to work my e-mail account, i agreed. later in 2001, dan suggested that he draft a new discretionary disclosure memo for attorney general ashcroft in the police th t the -- only small portions of the memo were adopted. >> actually that's not true. the whole paragraph except for that part that the house put in. >> see, i agree to these things and dan doesn't tell me about it, or he does tell me 20 years
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later. >> you knew that at the time, nice try. >> the way i said it makes a better story, it protects your integrity just slightly than i have already beaten it out. >> truth is truth, right. >> in 2003, due to the fact that it seemed that we had already addressed almost all significant issues, dan could only suggest that we discuss the -- in foya update, agencies rely on a wide range of exemption free statutes. so i think dan is directly behind the fact that you're going to have a panel later on this afternoon discussing those wide range of exemption three statutes. >> there is a threat, yes. >> in 2005, dan suggested we publish an article explaining the intra kcasseys of -- i
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remember reading the eighth screen of a ten-screen article. it was really dense, and it was really well written, but right in that eighth screen, i fell straight down on to my desk and had a bloody nose and what that told me is i knew i had to retire. and i did in 2005. so what went well during my time at oip? i adjudicated some 70,000 adm administrative appeals, i taught about 300 classes, dan distributed excellent policy guidance, we produced an outstanding records volume on both the foya and the privacy act and most significantly i think we did a pretty good job hiring and nurturing numerous employees who made it to the
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management level. >> you would probably want to at least mention when someone would visit our office and say how many people work here? >> about 2/3 of them. miriam, was that right? about 1/3s. i remember it distinctly, you would say about half. dick by the way likes lots of hard questions. not the easy ones. >> say that again? >> if you have an easy one in mind, give someone else a chance. but if you have a hard one or two, definitely please line up on the side. but i'm going to ask you first having started way back in the ford administration, and being
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able to see the character, the tone of foya back then and how it changed from the carter administration, then ford to reagan 1, reagan 2, to bush 41, bush 43 part one, bush 43 part two. which administration do you think was the most effective and forthcoming with respect to administration? >> most effective and forth coming was head and shoulders, all eight years of janet reno and there is the cheerleader right there. >> head cheerleader. >> if we had pompons. that's carl stern, who was convicted of being the head public affairs. >> from march of '93 to july of
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'96. >> under janet reno and did such a fine job of holding bill bixby to -- and the only thing we had throughout the whole thing was, carl, the privacy act won't let us, there's criminal sanctions involved. and carl would say, nobody ever gets prosecuted for that. i know people in the criminal division, don't worry about that. >> that's funny, but it's also true. >> eyes, that was it. and in fact carl was fronting for the attorney general on that because what she would do is she would come up to carl to start with. i'm sure he thought of a lot of this on his own, but the attorney general coming from florida where they had a sunshine statute with some exemptions, they're hope to
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