Endeavoring Repeatedly to Retrieve Documents from the Alleged 'Most Transparent Administration' in History
The promise of the most transparent administration in history under President Obama's watch seems to have fallen short, particularly when it comes to the Freedom of Information Act (FOIA).
For half a century, FOIA has been a cornerstone of democratic accountability, shedding light on various stories, from the torture of detainees after 9/11 to misdeeds by the CIA and FBI. However, its effectiveness under the current administration has been questionable.
Recent investigations, such as the ProPublica and NPR probe into the response to Hurricane Sandy, have highlighted a concerning trend - the omission of documents from federal agencies like FEMA. As of now, eight long-vacant positions in FEMA's public records office remain unfilled, which has not helped matters.
The backlog of FOIA requests at FEMA has more than doubled to 1,500 over the past two years. This slow response is a significant concern, with the average processing time for complex FOIA requests at FEMA being 214 days - the third-worst in the Department of Homeland Security.
The hiring freeze at FEMA after sequestration has compounded the issue. The Drug Enforcement Administration, for instance, demanded $1.4 million in fees to search its records when a Mexican journalist asked for files related to its role in the capture of drug lord Joaquin "El Chapo" Guzman.
The lack of responsiveness from FEMA has been acknowledged by the federal FOIA ombudsman, who praised the agency's officials for recognising the problem. However, there is a concerning leadership void in the administration regarding FOIA, according to veteran FOIA lawyer Scott Hodes.
Newly uncovered documents show the Obama administration aggressively lobbying against reforms proposed in Congress. Despite this, there has been no holding anyone responsible for the FOIA fiasco.
The FOIA is a law that is supposed to deliver on the idea of a government "for and by the people," whose documents are our documents. The ability to get information from the government is essential to holding the people in power accountable.
Last year, the Associated Press found that the administration had set a record for censoring or denying access to information requested under FOIA, and that the backlog of unanswered requests across the government had risen by 55 percent, to more than 200,000.
FEMA started a "clean search" for documents requested by a reporter 492 business days past the 20-day deadline set by the Freedom of Information Act. It took a ProPublica colleague more than seven years to get records about air marshal misconduct from the Transportation Security Administration.
The Obama administration did not set a specific goal within five years for reducing the backlog of open FOIA requests because there was no formal target established to address the backlog during that period. Navy officials have also been accused of strategising to thwart requests for files related to incidents like the 2013 Navy Yard shooting.
As we move forward, it is crucial that the government prioritises transparency and accountability. The FOIA fiasco under President Obama's administration serves as a reminder of the importance of this law and the need for its effective implementation.
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