Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

President/Executive Department

Series

2019

Administrative Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Information Mischief Under The Trump Administration, Nathan Cortez Jan 2019

Information Mischief Under The Trump Administration, Nathan Cortez

Faculty Journal Articles and Book Chapters

The Trump administration has used government information in more cynical ways than its predecessors. For example, it has removed certain information from the public domain, scrubbed certain terminology from government web sites, censored scientists, manipulated public data, and used “transparency” initiatives as a pretext for anti-regulatory policies, particularly environmental policy. This article attempts to tease out an emerging “information policy” for the Trump administration, explain how it departs from the information policies of predecessors, and evaluate the extent to which both legal and non-legal mechanisms might constrain executive discretion.


Administrative Truth: Comments On Cortez’S Information Mischief, David Thaw Jan 2019

Administrative Truth: Comments On Cortez’S Information Mischief, David Thaw

Articles

This short essay responds to Professor Nathan Cortez’s argument describing an emerging “information policy” reflecting on the practices of President Donald J. Trump’s executive administration (the “Trump Administration”) regarding the development, release, and management of official information. Professor Cortez argues that viewed holistically, this information policy suggests a shift toward the use of information practices by administrative agencies for purposes other than “neutral principles” and rather focusing on a “more cynical [use] of government information.”

This argument may be well-founded, and the Trump Administration certainly has been criticized widely for the relationship between its public statements and widespread media interpretation …