Federal agencies set a record for censoring and withholding documents sought through freedom-of-information requests in Trump's first term.
Chris D'Angelo at HuffPost:
When it comes to the public’s ability to pry documents loose from federal agencies, Donald Trump’s supporters accept nothing less than full disclosure and have spent the past few years bombarding federal agencies with requests for records. But it seems overwhelmingly likely that posture will soon change ― right around noon on Jan. 20.
Take Trump-era Interior Secretary David Bernhardt, who is now a key member of the president-elect’s transition team and is widely expected to land another powerful administration post next year. In a May 2023 episode of the America First Policy Institute’s podcast, “The Tank,” Bernhardt bemoaned that left-wing organizations he’d “never heard of” had “inundated” federal agencies with Freedom of Information Act (FOIA) requests during Trump’s first term, “to the point that it created a lot of activity in terms of slowing down the agenda.” “Frankly, I think they were very effective,” he said. “They’re highly funded by non-disclosed entities, and that’s fine. I was even surprised to find that much of their activity is tax-deductible.” “I’m not suggesting it’s illegal, but what I am suggesting is that it is incredibly one-sided,” he added. “That one-sided effort meant that their voice was often the only voice in the echo chamber surrounding policies related to the administration.” Bernhardt’s condemnation of perceived political adversaries using the 1967 law as intended to shine light on the inner functions of government is ironic. As a longtime lobbyist for oil, gas, mining and agricultural interests, Bernhardt entered the Trump administration with so many potential conflicts of interest that he had to carry around a card listing his former clients. Under his watch, the Department of the Interior repeatedly meddled with FOIA, going as far as to withhold information about Bernhardt ahead of his confirmation hearing to take over as secretary after the departure of scandal-plagued Ryan Zinke. And over the last couple of years, right-wing organizations, including the America First Policy Institute — many of them tax-exempt nonprofits and led by former Trump administration officials — have swamped the Interior Department and other federal agencies with thousands of records requests, many of them targeted at specific employees. (Bernhardt is chair of AFPI’s Center for American Freedom.)
Leading that sleuthing effort is the Heritage Foundation, an influential right-wing organization that spearheaded Project 2025, the extreme-right policy blueprint that GOP operatives compiled to guide Trump in a second term. Mike Howell, a former Trump administration official and current executive director of Heritage’s Oversight Project, told ProPublica last month that the foundation has filed more than 50,000 FOIA requests since 2022. Many of those requests target specific career civil servants and seek communications that mention a variety of “culture war” topics, including climate change action and diversity, equity and inclusion efforts. Others target internal discussions about Trump.
[...] One employee in the FOIA office of a government agency told ProPublica that the right-wing effort has jammed up the FOIA queue to the point that it has severely affected the agency’s ability to keep up with requests. And ethics watchdogs expect that the fishing expedition is part of Project 2025’s authoritarian vision of dismantling federal agencies and replacing tens of thousands of career staff — so-called rogue bureaucrats — with Trump loyalists willing to advance right-wing policies.
[...] The Trump administration has a record of doing exactly what Howell takes issue with. During Trump’s first year in office, federal agencies set a new record for censoring and withholding government documents requested through FOIA, The Associated Press reported at the time. Trump’s Interior Department changed its FOIA policy to allow for political appointees to review public information requests prior to their release and at one point proposed new regulations to grant the agency the ability to reject “burdensome” records requests and impose monthly limits for individual requesters. In a 2020 report, the Interior Department’s internal watchdog concluded that political appointees blocked the public release of documents related to Bernhardt ahead of his confirmation hearing in March 2019.
[...] Trump and his allies are pledging, yet again, to dismantle the “deep state” bureaucracy that they claim is conspiring against them. That is likely to include dismantling federal offices they deem not essential to an agency’s core function, including those working on climate change and environmental justice. What they conveniently forget is that the people in government they view as the enemy are, by and large, simply carrying out the Biden administration’s agenda.
Donald Trump’s first term was a censorious mess with FOIA requests. His 2nd term will be much worse.
