David B. Offer Tuesday, June 5, 2007

That's the title given to a then-unidentified U. S. senator by the Society of Professional Journalists, a national journalism organization, which was trying to learn who had secretly prevented the Senate from voting on a law to strengthen the federal Freedom of Information Act.

The U.S. House of Representatives overwhelmingly approved a similar measure in March. Both Maine congressmen voted in favor.

The Senate version of the bill was sponsored by Patrick Leahy, D-Vt., and John Cornyn, R-Tex. On April 12, the Senate Judiciary Committee unanimously approved it.

The law, often called FOIA (Freedom of Information Act), is widely used by the public, much more than by the press, to learn what our government is doing.

The bill being held in the Senate would require agencies to respond to requests for information within 20 days. Any that failed to meet that deadline would have to waive search and copying fees.

It also would require agencies to set up information hotlines and tracking systems to help the public follow up on requests.

Most important, the bill would reverse a policy established by former Attorney General John Ashcroft that directed federal agencies to look for ways to reject requests for information rather than to presume that the public has a right to government material.

The bill has broad, bipartisan support. After approval by the Senate committee, the next step should have been consideration -- and probably approval -- by the full Senate.

But Senator Secrecy prevented that by placing a hold on the bill. According to an official Senate reference glossary, a hold is "an informal practice by which a senator informs his or her floor leader that he or she does not wish a particular bill or other measure to reach the floor for consideration. The majority leader need not follow the senator's wishes, but is on notice that the opposing senator may filibuster any motion to proceed to consider the motion."

As a practical matter, a hold often kills a bill, even if a majority would vote for it.

Moreover, the name of the senator who requests a hold is not revealed.

"A secret hold on pending legislation is an act of cowardice," said Beth King, communications manager for the journalism society. "It's shocking that a parliamentary maneuver of this nature is even allowed."

"We need your help to identify the ridiculous political antics of a senator who thinks we aren't paying attention -- a senator who thinks his or her interests are more important than yours," the society said in an e-mail alert. "You can help unmask Senator Secrecy."

The instructions were to ask our senators if they put the hold on the bill and to report the response.

Presumably, senators who did not place the hold would deny having done so, thus identifying Senator Secrecy by process of elimination. As the effort unfolded and the list of those who might have placed a hold on the bill shrunk, a spokesman for Kyl acknowledged that he had placed the hold.

Long before that admission, I had confirmed -- and informed the society -- that neither Susan Collins or Olympia Snowe, Maine's senators, were Senator Secrecy.

Collins said she supports the goals of the bill, though she thinks it may need some revisions.

Snowe "always has supported more transparency and open government," and did not put a hold on the bill, said he spokesman, John Gentzel.

Kyl's press aide said it was no secret that the senator has concerns about the bill.

"If Sen. Kyl's concerns are no secret, then why would he insist on working from the shadows to place a hold on this very important legislation?" asked Christine Tatum, president of the journalism society. "The irony of secretly blocking a vote on a bill that would make government more transparent is supreme. Sen. Kyl should feel pretty silly."

Kyl is no longer secret, but his hold on the bill remains.

That angered Leahy, chair of the Judiciary Committee.

"This is a good government bill that Democrats and Republicans alike can and should work together to enact. It should be passed without further delay," Leahy said.

In one of his best songs, "You Don't Mess Around with Jim," singer Jim Croce advised people not to tug on Superman's cape, spit into the wind or "pull the mask off that old Lone Ranger. "

That's good advice when it comes to the Lone Ranger but I'm glad it did not apply to pulling the mask off Sen. Kyl.

David B. Offer is the retired executive editor of the Kennebec Journal and the Morning Sentinel. E-mail davidboffer@hotmail.com.