The Freedom of the Press Foundation joined a broad coalition in sounding alarms. Like us, they are concerned about how the U.S. government is processing Freedom of Information Act (FOIA) requests. So on May 15, the nonprofit filed a FOIA request. The request was largely about the controversial acceptance of a luxury Qatar-provided gift jet. So far, no such documents have been published. What’s worse, you don’t get any re-estimate on how long it’ll take to process your request. This lack of transparency has been heavily criticized by many advocacy organizations and experts.
According to Lauren Harper, chair on government secrecy at the Freedom of the Press Foundation, the current processing times for FOIA requests are alarmingly lengthy. On average, according to the government’s own reports, it currently takes 620 days to issue a single, one-of-a-kind, time-sensitive document through FOIA. Harper stated, “It shouldn’t take 620 days to release a single, time-sensitive document.” Such delays cause irreparable harm and raise serious questions about the government’s commitment to transparency.
These logjams in processing FOIA requests are incredibly damaging to the public’s ability to get their hands on commonly requested but essential information. Harper stressed that without a government held accountable to administer FOIA in good faith, agencies are granted an even easier path to conceal information from the public. This creates a high-stakes gap in transparency and accountability, because agencies can leave essential documentation out of the public view.
Whatever the possibility here, the current state of the Freedom of the Press Foundation’s request is worrisome. This is especially true given the sensitive nature of the documents they are requesting. Chioma Chukwu, executive director of American Oversight, emphasized the need for dedicated watchdogging of government transactions. She remarked, “A deal to take a $400m luxury jet from a foreign government deserves full public scrutiny – not a stiff-arm from the Department of Justice.”
Chukwu argued that this case is a great example of why public records laws are so necessary. She stated, “This is precisely the kind of corrupt arrangement that public records laws are designed to expose.” The repeated refusal to release documents in a timely manner erodes public faith and suggests impropriety by federal civil agencies.
Even aside from improvements the current administration may be pursuing, the administration’s challenges with FOIA processing raise fundamental questions for government. Transparency proponents say that unless Congress changes the bill in major ways, transparency will be hard to come by. The absence of rapid, ready access to such information makes it exceedingly difficult for journalists and watchdog organizations. It further severely limits the public’s capacity to participate meaningfully in civic life.
The need for reforming FOIA has been debated extensively on Capitol Hill and in other venues, but real-world changes are still hard to find. Advocates have long argued that changing the way FOIA is administered is key to creating an environment of openness regarding all government activities. For one thing, their brief argues, timely access to information is vital. In return, this accountability goes a long way in making sure taxpayers know what their money is going toward.