March 28, 2011

MIKE TIPPING: LePage: Freedom of Access Act used as form of 'internal terrorism'

Mike Tipping

I had hoped to write about something other than Gov. Paul LePage today.

Barrels of ink have been spilled over the past few months about LePage's actions -- and, more often, his words -- and there are plenty of interesting political stories out there that don't involve our "straight-talking" governor.

Unfortunately, I was told about a statement that LePage made recently criticizing one of Maine's core civic values that is just too outrageous to ignore.

On March 14, leaders of Maine's three branches of government and their aides met at the Maine Judicial Center in Augusta to hold their yearly, public "interbranch" meeting, an event mandated by state law.

This year, the meeting fell on the first day of Sunshine Week, observed throughout the nation in order to promote open government initiatives and freedom of information policies.

LePage spoke at the meeting about a wide range of priorities, such as his budget, before turning to the subject of Maine's Freedom of Access Act (FOAA).

Rather than use this opportunity to invoke the importance of government transparency, a theme of his gubernatorial campaign and an appropriate subject for Sunshine Week, LePage blasted Maine's access law. He complained that his office has received too many requests, responding has become too time-consuming and that new limits on the public's right to know are needed.

Then, according to two people in attendance (one of whom took verbatim notes), LePage took things further, saying "FOAA is being used as a form of internal terrorism."

You read that correctly. He compared the pursuit of public documents to violent acts committed to inspire fear for ideological ends. Even for a governor known for off-color statements, that's beyond the pale.

The meeting, though open to the public, was not attended by the media. This could have been because notice about the meeting went out only hours before it was held.

The attendees who shared LePage's quote with me asked not to be named, as they have to continue to work with the governor.

Jeff Inglis, president of the Maine Chapter of the Society of Professional Journalists, already had heard a rumor about LePage's remarks, but hadn't heard the details until we spoke this week. He characterized LePage's statement as "alarming and outrageous."

"The governor taking the position that government shouldn't be open is unacceptable and un-American," said Inglis. "It's utterly ridiculous to characterize people who are seeking government openness as in any way nefarious. Terrorism is a loaded word and the governor knows that."

LePage should know it. During the gubernatorial campaign, he took issue with his Democratic opponent, then-Sen. Libby Mitchell, when a photograph emerged of her holding a letter from President George W. Bush to which was affixed a sticker identifying him as an "international terrorist."

In a news release at the time, the Maine Republican Victory Campaign said it was "appalling that anyone would compare a U.S. president to international terrorists who have murdered thousands of innocent Americans."

The ideas behind LePage's remarks are as inflammatory as the words he used to express them. Attacking the people's right to know about their government is an assault on one of the fundamental precepts of our democracy.

It's also troubling that some of LePage's recent actions seem to match this expressed sentiment.

For instance, the governor recently ordered the creation of a business advisory committee that he expressly exempted from FOAA.

LePage has put plans for the council on hold but hasn't rescinded the exemption, despite objections from the public and the media.

What may be most damaging to LePage about this statement, however, is the hypocrisy it represents.

Anyone who followed LePage's campaign likely wasn't surprised when he derided environmental science, for example. Support for government transparency, however, has always been a hallmark of his political rhetoric.

"When Paul is governor," his campaign platform said, "open government will be a reality, not a talking point."

Unfortunately, LePage's statements may have some real consequences, even if his stated position doesn't lead to a change in Maine's public information law.

LePage is the state's chief executive and the tone he sets filters down to every level of government. He's now sending the message that transparency isn't important and that the people don't really have a right to know what their government is up to.

That's a dangerous idea and could lead to a wide range of abuses.

Through his words and actions, LePage also is chipping away at Maine's wider political culture. We are a state that prides ourselves on public, town hall meetings, high voter turnout, a citizen Legislature, clean elections and an open, accessible government. That's a legacy that's worth preserving.

Mike Tipping is a political junkie. He writes the Tipping Point blog on Maine politics at DownEast.com, his own blog at MainePolitics.net and works for the Maine People's Alliance and the Maine People's Resource Center. He's @miketipping on Twitter. email: writebacktomike@gmail.com

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