Subject: Re: [EL] WaPo op-ed on transparency
From: Steve Hoersting
Date: 4/1/2011, 10:59 AM
To: Paul Lehto
CC: Election Law <election-law@mailman.lls.edu>

I agree with you on this point, Paul: no disclosure/transparency in government is a problem.  (Indeed, you might have penned the op-ed along with the two journalists).

However, no disclosure/transparency in the affairs of private associations is the rule.

Disclosure/transparency of a private association's independent expenditures -- the exception to the rule for private associations -- cannot further interests in "corruption," only the "informational" interest.

People on my side say that when are demanding disclosure under the exception to the rule for private associations -- to further the "informational" interest -- it is important to consider the scope of disclosure.  In determining the scope we consider the cost.

Which gets us back to the point of the op-ed (and of my post):  Even the strongest proponents of IE disclosure, and I'd put Team Obama in that camp, see that there are costs in disclosure.  Or at least their actions, well documented in the op-ed, suggest that they see do.

Best,

Steve

On Fri, Apr 1, 2011 at 1:42 PM, Paul Lehto <lehto.paul@gmail.com> wrote:
On 4/1/11, Steve Hoersting <hoersting@gmail.com> wrote:
> The theme of their *WaPo* piece is that the Obama administration is not at
> all keen on disclosure.
> http://www.washingtonpost.com/opinions/wheres-the-transparency-that-obama-promised/2011/03/31/AFipwHCC_print.html
>[snip] -- we get the sense that there may be
> well something to at least two theories about disclosure, and that even
> disclosure's advocates get it:
>
> 1) that the burden of disclosure must be balanced against its costs
>
> 2) that disclosure, either demanded or provided, is often a tool and
> accelerant for retribution

What I "get" is that without disclosure/transparency, accountability
is not possible.  Who can really be in favor of un-accountability in
government?

What is being styled as "retribution" is at best a minor percentage of
the overall and critical process of accountability in government.

--
Paul R Lehto, J.D.
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lehto.paul@gmail.com
906-204-4026 (cell)



--
Steve Hoersting
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