Wartime Contracting Commission's Move to Seal Records for 20 Years: Just Plain Wrong

By JAKE WIENS

The recently dissolved Commission on Wartime Contracting (CWC) did just about everything right. Created in the spirit of the Truman Commission, the CWC identified as much as $60 billion in contracting-related waste and fraud in Iraq and Afghanistan. In the process, the CWC held 25 hearings, released 8 reports, and published detailed recommendations intended to prevent waste and fraud from occurring in future overseas contingencies. Perhaps most important, the bipartisan commission was unanimous in its findings and recommendations, notable in a city known for its partisan gridlock.     

But the Commission’s decision to seal its internal records for 20 years is just plain wrong. The decision, first reported by the Wall Street Journal, blocks the public and watchdog groups from using the CWC’s source material to build upon the important work of the Commission and to help prevent waste and fraud in overseas contingency contracting in the near term.  

Clark Irwin, the CWC’s spokesman, told the Wall Street Journal the seal was justified because “there is sensitive information in there.” He cited proprietary company information, attorney work products, and classified documents as examples of such records. Another source told the Journal that the expectation that the CWC’s records would be sealed was necessary to encourage sources to speak candidly.

But Irwin’s argument ignores the fact that documents are only released by the National Archives after first going through an extensive vetting process. So whether the seal is 20 years, 20 days, or even if there were no seal at all, the truly sensitive material would be redacted or withheld.  

Sources close to the CWC have told POGO that the commissioners agreed to the 20-year seal after being informed that it was standard practice. But 20 years doesn’t appear to be anywhere near standard. Congress has created six investigative commissions in the last 20 years, the most well known being the National Commission on Terrorist Attacks Upon the United States (9/11 Commission).  

The 9/11 Commission, which investigated issues of the most sensitive nature, sealed its records for just five years. And even that length of time seemed too long for Thomas Kean, the 9/11 Commission Chairman, who “said publicly that he was eager for most of the records to be released as quickly as possible.”  He later told Reuters that there was “no justification for withholding most of the unreleased material.”

As was the case with the 9/11 Commission, the CWC’s records aren’t available under the Freedom of Information Act (FOIA) because the CWC is a congressional entity and Congress isn’t subject to FOIA. But the public should be able to request from agencies records that those agencies provided to the CWC.

A source told the Wall Street Journal that the “vast majority of the commission's records would put you to sleep.” And that may be true. But until the public has the opportunity to view the documents for ourselves, we can’t be certain of their actual value or use them to make wartime contractors more accountable. We hope Congress takes action to right this wrong by legislating a far shorter seal—or better yet, no seal at all.

Jake Wiens is a POGO Investigator.

Comments

[Silver Fox]

This is a god damned disgrace. How the hell can we trust government is when they find something wrong, they tell us something is wrong, but won't identify the miscreants in either the contractors or the government?

[Suan Crist]

Oh, yes...maybe certain Senators and Representatives showing favortism and no remorse?? While American families do without and Wall Street gets fat? Ha!

[Suan Crist]

I am appalled at this ridiculous decision!!! Why would this be done??? Right now public school employees are required by law to disclose certain specific incomes! (outside of their school income!). I am sick and tired of this over-the-top, too much power government setting it's own standard to protect criminals. Hello? Dick Cheney. GW Bush. Certain Military staffers, Black Water? maybe?
Demand the documents be open!!!

[Sue Wilson]

Transparency? Not in our Government. No way to come back on Halliburton, Boeing, etc.. We have a deficit to pay back, and these no bid contractors get away with waste and outright fraud. Where is the roll of the Supreme Court in holding these corporations accountable? At least post the names and connections of the commissioners on the web so we can keep them in front of our overly uncaring public.

[Thomas]

of course this is nothing but a cover up. so the companies that defrauded the tax payer can continue to feed at the trough, a little something extra in you christmas stocking this year senator, courtesy of boeing, northrop grumman, lockheed martin and others... the article says it all, any sensitive material would be redacted anyway, it's just another infuriating example of how bought this government really is. do we even have a department of justice anymore? or is that only used against medicinal marijuana and whistle blowers?

[Cheryl]

Let's see if I can figure out who might really be responsible for this.....oh gosh. REPUBLICANS

#OWS

[A. D. Jackson]

Waste and fraud in govt. contracting need to be dealt with through lawsuits for recovery of money and criminal cases with malefactors sent to jail for a long time. Sensitive material, if it is sensitive, can be blacked out.

[Emile Zola]

And how, may I ask, is this news worthy? Would anybody report on how much sand is in a desert? I think not. What is even worse, I remember when Bush the III, AKA Obama, promised transparency and instead all we got was darker clouds. Buyer beware, when a politician talks about transparency, it translates darker times ahead. When they talk about compassion, it means "shock and awe." hen they talk about being for the Constitution, it means that the darkest time in this country's history is just ahead. When they talk about WMDs, it means they have already drawn up plans to take over the oil fields of other sovereign nations, that for our government and politicians mean they can invade other countries under any pretenses, none true, if oil is involved. Enter "this Christian and democratic nation" proclaiming to care for the citizens of other countries, but the fine print, clearly indicate those nations that have natural resources that we covet all others, need not apply. Somalia has millions ofits citizens at the umbrals of death, but we are too busy invding other nations to worry about Muslims. This "Christian" nation loves to hate Muslims and as with indians,the ony good indian is dead indian. I think we should stop criticizing others for crimes, corruption where we are the masters of te universe.

[Douglas Gilmore]

Another reason govt trust level is in the toilet. Why would they seal it? So they can move across the street and do it all over again.
In China they executed a govt official who was caught taking bribes. They walked his ass to the street ang shot him in the head. I think if we did that a time or two that graft and corruption would stop.
What do we have to lose?

[GovConMaven]

You can thank CWC staffer John Brosnan for the 20 year seal. The word is that one Commissioner (Charles Tiefer) fought this, but Brosnan, a former Republican Hill staffer, and friend of contractors, was too influential among most of the Commissioners on this issue.