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By David Cuillier, Brechner Freedom of Information Project

A photograph of David Cuillier
David Cuillier, Brechner Freedom
of Information Project

Here we go again. And then some.

The new presidential administration appears determined to conduct its work in secrecy, requiring even more diligence from investigative reporters. Eight years ago, I wrote an FOI Files column about the beginning of Donald J. Trump’s first term, noting agency clampdowns on records, attacks on leakers, political oversight of press releases, and vitriolic attacks demonizing the media. So far this term looks like it will be much, much worse. Let’s take a look at what has so far transpired since Jan. 20, and what journalists can do to inform the public.

Take downs

It should be no surprise that data began disappearing from federal agency websites under the new administration, as we saw in 2017 with climate change data. What is surprising this time is the speed and breadth of the purges within days of the inauguration:

Some organizations have tried to catalog and preserve as much of the information as possible before Jan. 20, including the Environmental Data & Governance Initiative and the End of Term Web Archive and many members of IRE and Association of Health Care Journalists are scrambling to save datasets. Journalists can refer to the Wayback Machine to note changes in websites, and we can work together in preserving records.

FOIA and find out

It’s hard to say how the new administration will affect journalists’ ability to get public records through the Freedom of Information Act, but we expect more of the same obstacles. If you look at the numbers reported by the Department of Justice, agency response to FOIA requests didn’t really change that much during the first Trump term, and it got worse through the Biden years. No matter who is president, it just keeps getting harder to get public records, year after year.

And it’s likely to just keep getting worse, experts note, as it has trended for the past several decades. For example, according to DOJ statistics, request backlogs have steadily increased, from 12% of requests in 2010 to 22% in 2022, regardless of who was in office. The average number of days to respond to a simple request increased from 23 days in 2012 to 41 days in 2022. Expect more of the same, perhaps worse if FOIA staffing is slashed and nonprofit groups sling FOIA requests to shine light on the administration’s actions. Following federal agencies’ lead, state and local governments may feel emboldened to ignore public record laws.

Questions remain on whether the new Department of Government Efficiency will be subject to the Freedom of Information Act. Most experts say it is likely that DOGE will operate in secrecy, including in its deliberations and meetings, depending on how the courts decide on three lawsuits filed on the president’s first day in office, and nearly 100 more filed in later weeks. 

Reports of FOIA office staff being let go, as well as the firing of the national Archivist, don’t bode well for timely responses to FOIA requests. When CNN submitted a FOIA request to the Office of Personnel Management, they got a reply email saying “Good luck with that, they just fired the whole privacy team.”

Just this past Tuesday, the Trump Administration dismantled the new Open Government Federal Advisory Committee, created to help the federal government better serve the citizenry through accountable, transparent processes.

The big chill

As in the first term, control of information through government communication bans also limit information for the public. Memos have demanded that agencies refrain from issuing documents or communications “until it has been reviewed and approved by a presidential appointee.” This takes public information officer controls to a new level (see tips on overcoming PIO controls, provided by the Society of Professional Journalists). Challenge such muzzling, as it is usually unconstitutional. Even government employees, scholars say, have a First Amendment right to speak up!

Above all, help government line workers help you. Many are frightened and less likely to talk to reporters without assurances to protect their identity (you can find great resources at Freedom of the Press Foundation, including open-source whistleblower tech).

Of course, the information controls go even further, with the banning of The Associated Press from White House coverage because it failed to go along with government dictates on terminology. Not to mention this week’s announcement that the White House will cherry pick which reporters can ask the president questions, trashing decades of an independent press pool.

With the firing of inspectors general, it will be even more important for independent journalists to keep an eye on agencies, and that will mean doubling down on using FOIA and enforcing it through the courts.

In studying freedom of information for decades and documenting the continuous creep toward secrecy in this country, I have never seen so much damage to government transparency in so little time. We are truly in uncharted waters, which requires every journalist and supporter of propaganda-free news to stand up – not stand back, stand by.

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