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At Minnesotans for Open Government (MNOG), we hold that governments can only be held accountable if the public is able to gain access to information about their activities. Our view is shaped by President James Madison’s well-known comment that a popular government without the ability to gain access to information is a prologue to either a tragedy or a farce, or both.
But there has been a jarring inability to access information about the events of “Operation Metro Surge” and federal law enforcement actions in Minnesota. Journalists and citizens are finding it difficult to learn who is being arrested and why. The identities of Immigration and Customs Enforcement officers are shielded. And in some instances, access to immigration courtrooms is being denied.
Federal law can compound some of these problems, by granting a broad law enforcement “exemption” to federal open records laws. This stands in contrast to the Minnesota Data Practices Act, which was passed with bipartisan support by the Minnesota Legislature over 40 years ago. The Data Practices Act ensures that records on arrests and other consequential law enforcement actions remain public — even during the course of ongoing investigations. Since then, Minnesotans have used this access to stay informed about law enforcement activities and hold its actors accountable when needed.
We call for a bipartisan collaboration of Minnesota’s congressional delegation to examine how our state laws can be used as a model for making federal law enforcement activities more transparent to the public. This examination should be conducted with the objective of preparing comparable federal legislation. The Minnesota Legislature can also play a role by passing a resolution calling for such changes to federal law.
Without these needed reforms, our ability to stay informed as a republic and hold our government accountable will be a prologue to a tragedy or a farce, or both.
Don Gemberling, St. Paul