Politics

Under Obama, FOIA reform relegated to the back burner

Mike Riggs Contributor
Font Size:

Anyone who’s ever filed a Freedom of Information Act request, be he a man or be he a god, knows the headache of asking his government for information that isn’t already publicly available. President Obama was supposed to change all that. In March 2009, Attorney General Eric Holder released a memo to all federal agencies outlining reforms as well as announcing the newly created positions of chief FOIA officer and FOIA public liaison. Shortly after the announcement, Lucy A. Dalglish, director of the Reporters Committee for Freedom of the Press hailed the new rules as “a refreshing change from the disastrous standard set by former Attorney General John Ashcroft in 2001.”

One year later, the Associated Press released a study showing that the denial of Freedom of Information Act requests were on the rise under Obama. And if that study wasn’t bad enough, a new study released this week [PDF] reveals that the situation hasn’t improved all that much in the ensuing seven months.

According to Citizens for Responsibility and Ethics in Washington, the nonprofit group “has continued to fight many of the same battles it fought under the Bush administration….Similarly, Attorney General Eric Holder’s policy of disclosure has not translated into greater access to records that would shed light on controversial subjects, such as the policy of the Veterans Administration to purposefully under-diagnose post-traumatic stress disorder.”

To find out if other groups — including news outlets, commercial interests, individuals, and other nonprofits — were experiencing the same problems with their FOIA requests, CREW created a survey, which was distributed by the American Society of Access Professionals on the group’s private list-serve. Because CREW did not have access to the list-serve, and thus cannot quantify the list’s demographics, the organization wrote in its report that the results are “not scientific or statistically valid, [but] are definitive on at least some topics.”

Here are some of CREW’s more notable findings:

– “Two of the touted reforms – creation of agency chief FOIA officers (CFOs) and agency FOIA public liaisons – have had virtually no influence on the work of agency FOIA professionals,” the report says. According to the survey results, more than 60% of respondents said that the CFO position had no effect on their job, did not make processing requests clearer, and did not make their overall jobs easier. Comments on the position included, “Chief FOIA Officer? Seriously, there is no position description for FOIA, it’s everybody do everything,” and “Did not know this position existed.”

– Roughly 63% of respondents said the fact that FOIA is “not an administration priority,” was a problem.

– While “the vast majority of respondents are aware of Attorney General Holder’s FOIA guidelines,” which President Obama and the DOJ announced in 2009, “the majority reported no change at their agencies as a result of those guidelines.”

– According to individual comments collected from over 600 survey takers, concerns “range from political interference in the processing of FOIA requests to a lack of training for FOIA staff.” One survey taker complained that “political games involving FOIA and records access leads to more work being done to show what is or isn’t being done rather than actual FOIA work.”

– Respondents have not seen a shift in policy since Obama and Holder announced FOIA reform. “Over 36% of respondents claim a ‘presumption of openness’ was part of their agency culture before the attorney general issued his memo, while only 22% state a presumption of openness has become part of their agency culture since the memo’s release. Change has yet to happen at a number of agencies: 16% of respondents said a change is underway but not completed, while 15% said nothing has changed.”

– A majority of respondents also said that “guidance is not issued uniformly government-wide and there are limited agency funds to attend outside conferences and workshops.”

– One of the bigger tidbits: “New policies have not induced FOIA staff to rely less on the FOIA’s exemptions to withhold information. The most common response to the question of whether specific exemptions are used with the same frequency as before the attorney general issued his memorandum was yes: 50% of respondents said at their agencies the exemptions are used with the same frequency.”

– And this: “Many respondents identify staffing problems as a key impediment, particularly the lack of a clear career path for FOIA professionals. They suggest creating a federal job series, as the Office of Personnel Management has done for other government jobs, to professionalize the FOIA and attract and retain talent. They also call for using fewer contractors and more permanent staff and an overall increase in staffing levels.”

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel