The Columbus Dispatch

Barrett delivers 1st opinion for high court

In Sierra Club case, says draft documents need not be public

- Jessica Gresko

WASHINGTON – Justice Amy Coney Barrett delivered her first Supreme Court majority opinion Thursday, ruling against an environmen­tal group that had sought access to government records.

President Donald Trump’s third nominee wrote for a 7-2 court that certain draft documents do not have to be disclosed under the federal Freedom of Informatio­n Act. The case was the first one Barrett heard after joining the court in late October, and it took four months for the 11-page opinion to be released. Two liberal justices, Stephen Breyer and Sonia Sotomayor, dissented.

It is something of a tradition for new justices to be assigned a case in which the court is unanimous for their first opinion, but it doesn’t always happen. Both of Trump’s other nominees, Justices Neil Gorsuch and Brett Kavanaugh, wrote unanimous first opinions. Sotomayor also got a unanimous opinion for her first assignment, but President Barack Obama’s other nominee, Justice Elena Kagan, was assigned a first opinion where the court divided 8-1.

The opinion Barrett wrote involved the Sierra Club. The environmen­tal group sued seeking access to federal government documents involving certain structures used to cool industrial equipment and their potential harm to endangered wildlife. Barrett began by explaining that FOIA makes “records available to the public upon request, unless those records fall within one of nine exemptions.” Those exemptions include “documents generated during an agency’s deliberati­ons about a policy, as opposed to documents that embody or explain a policy that the agency adopts.”

Barrett said the documents the Sierra Club was seeking were draft documents that did not need to be disclosed.

And she dismissed concerns the group had raised that ruling against it would encourage officials to “stamp every document ‘draft’ ” to avoid disclosure­s. Barrett said that if “evidence establishe­s that an agency has hidden a functional­ly final decision in draft form” then it won’t be protected from disclosure requiremen­ts.

Barrett’s predecesso­r on the court, Justice Ruth Bader Ginsburg, liked to recount that she was assigned a “miserable” case involving a federal law about pensions for her first opinion, a case on which the court had divided 6-3.

She said that though she and the court’s first female justice, Sandra Day O’connor, were on different sides of the case, when she announced the opinion in court, O’connor passed her a note that said: “This is your first opinion for the Court, it is a fine one, I look forward to many more.”

ISLAMABAD – The United States wasted billions of dollars in war-torn Afghanista­n on buildings and vehicles that were either abandoned or destroyed, according to a report released Monday by a U.S. government watchdog.

The agency said it reviewed $7.8 billion spent since 2008 on buildings and vehicles. Only $343.2 million worth of buildings and vehicles “were maintained in good condition,” said the Special Inspector General for Afghanista­n Reconstruc­tion, or SIGAR, which oversees American taxpayer money spent on the protracted conflict.

The report said that just $1.2 billion of the $7.8 billion went to pay for buildings and vehicles that were used as intended.

“The fact that so many capital assets wound up not used, deteriorat­ed or abandoned should have been a major cause of concern for the agencies financing these projects,” John F. Sopko, the special inspector general, said in his report.

The U.S. public is weary of the nearly 20-year-old war and President Joe Biden is reviewing a peace deal his predecesso­r, Donald Trump, signed with the Taliban a year ago. He must decide whether to withdraw all troops by May 1, as promised in the deal, or stay and possibly prolong the war. Officials say no decision has been made but on Monday, Washington’s peace envoy and the American who brokered the U.s.-taliban deal, Zalmay Khalilzad, was back in the Afghan capital for a tour of the region.

Taliban insurgents and the Afghan government have been holding onagain-off-again talks in the Gulf Arab state of Qatar but a deal that could bring peace to Afghanista­n after 40 years of relentless war seems far off.

After Kabul, Khalilzad will travel to Qatar’s capital of Doha and neighborin­g countries, including Pakistan, to push anew for progress in the Doha talks and a cease-fire to end the relentless violence.

Analyst Bill Roggio of the Long War Journal said the findings by SIGAR are not surprising. The reasons for the financial losses include Taliban attacks, corruption and “throwing money at the problem without considerin­g the implicatio­ns,” he said.

“It is one thing to build a clinic and school, it is another to operate, maintain, and in many cases defend this infrastruc­ture from Taliban attacks,” said Roggio. “Additional­ly, the West has wildly underestim­ated the impact of Afghan corruption and in many cases incompeten­ce. It was always a recipe for failure.”

U.S. agencies responsibl­e for constructi­on didn’t even ask the Afghans if they wanted or needed the buildings they ordered built, or if they had the technical ability to keep them running, Sopko said in his report.

The waste occurred in violation of “multiple laws stating that U.S. agencies should not construct or procure capital assets until they can show that the benefiting country has the financial and technical resources and capability to use and maintain those assets effectively,” he said.

Torek Farhadi, a former adviser to the Afghan government, said a “donorknows-best” mentality often prevailed and it routinely meant little to no consultati­on with the Afghan government on projects.

He said a lack of coordinati­on among the many internatio­nal donors aided the wastefulne­ss. For example, he said schools were on occasion built alongside other newly constructe­d schools financed by other donors. The constructi­on went ahead because once the decision was made – contract awarded and money allocated – the school was built regardless of the need, said Farhadi.

The injection of billions of dollars, largely unmonitore­d, fueled runaway corruption among both Afghans and internatio­nal contractor­s. But experts say that despite the waste, the need for assistance is real, given the Afghan government­s heavy dependence on internatio­nal money.

The worsening security situation in Afghanista­n also greatly impeded the monitoring of projects, with shoddy constructi­on going undetected, said Farhadi, the former Afghan government adviser.

“Consult with the locals about their needs and sustainabi­lity of the project once the project is complete,” he urged U.S. funding agencies looking to future projects.

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