My Front-Row Seat to the Slow Death of the Freedom of Information Act
The incredible deference many federal judges afford law enforcement officials to hide almost any material from public view also remains a major problem. For instance, so-called “Glomar” responses, where an agency refuses to acknowledge whether it even has responsive material, should be outlawed. Congress members could create a new agency to oversee and audit FOIA, similar to the Committee for Open Government in New York, which regularly promulgates advisory opinions on the law.
Recently, a government attorney alleged that a FOIA request of ours was so large it would “shut down the government.” But none of us who continue to pursue these requests should be intimidated by such hyperbole. Though broken, the FOIA still remains a useful tool, and we need its help in combating the culture of secrecy that permeates our political class while we demand that Congress strengthen the law.
Sixty years ago, despite his reservations about FOIA, President Johnson said, “I signed this measure with a deep sense of pride that the United States is an open society in which the people’s right to know is cherished and guarded.” As I’ve seen firsthand, the people’s right to know is no longer cherished by leaders in the executive branch, and it’s not being guarded by those on Capitol Hill. As the Trump administration goes to lengths to conceal its crimes and corruption, there’s never been a more critical time for the politicians who still believe in the principle of FOIA to not only defend it, but expand it.
