“Senator Jon Kyl, come on down!”
With apologies to the recently retired Bob Barker, we're shouting out the senator from Arizona today to shed a little light on an archaic and decidedly undemocratic practice in the U.S. Senate.
That's the parliamentary maneuver by which senators can anonymously stop any piece of legislation. Without saying why. Without saying who.
Sen. Kyl recently placed a secret hold on a bill that takes on secrecy in government. The result: The Freedom of Information Reform Act has been stopped dead in its tracks, despite passing out of the House on a 308-117 vote, despite unanimous approval by the Senate Judiciary Committee.
Crafted by Sen. John Cornyn, R-Texas, and Sen. Patrick Leahy, D-Vt., the bill would strengthen a law used every day by journalists and citizens to keep the public's business open to the public.
FOIA requests filed by this newspaper and virtually every other in the nation routinely bring out into the sunlight government documents, decisions and proceedings that bureaucrats and elected officials attempt to keep hidden. The Freedom of Information Act is one of the most important tools citizens of this country have to hold their government accountable.
That's why the Society of Professional Journalists responded so forcefully when, suddenly, a secret hold was placed on the FOIA Reform Act. All across the country, SPJ members went to work, calling their senators, hunting for the one in 100 who had derailed the bill.
Eventually, Kyl had no place left to hide.
In a statement, the senator confirmed that his was the hold preventing a vote on the legislation, and justified it by saying the Justice Department had concerns with some of the provisions.
Period.
The bill remains stalled.
As outrageous as is Sen. Kyl's hold, it's not the worst part of this sadly undemocratic tale. Most pitiful, we believe, is the U.S. Senate's refusal to outlaw secret holds.
Sen. Charles Grassley, R-Iowa, attempted to do just that last year by introducing an amendment requiring senators to identify themselves when they place a hold on a bill. Grassley does so as a matter of practice. His measure, though, like the FOIA update, has not made it to the full Senate for debate or a decision.
And that, finally, is all we're asking for here: textbook democracy.
Bring the FOIA Reform Act to the Senate floor. Let Sen. Kyl and all others who object rise and give voice to their concerns. Let Sen. Cornyn and all who favor the measure provide the counterpoint. And let each of the 100 cast their vote. Out in the open. For all to see.
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