Cookie Control

This site uses cookies to store information on your computer.

Some cookies on this site are essential, and the site won't work as expected without them. These cookies are set when you submit a form, login or interact with the site by doing something that goes beyond clicking on simple links.

We also use some non-essential cookies to anonymously track visitors or enhance your experience of the site. If you're not happy with this, we won't set these cookies but some nice features of the site may be unavailable.

By using our site you accept the terms of our Privacy Policy.

(One cookie will be set to store your preference)
(Ticking this sets a cookie to hide this popup if you then hit close. This will not store any personal information)

FOIA Requests in 120-Day Limbo — Or Are They?

February 25, 2009

The open government community took heart January 21, 2009, when President Obama reversed President Bush's policy and ordered most federal agencies to err on the side of disclosure when responding to FOIA requests.

But a number of agencies still seem to be operating under the old policies. The question is: why?

The easy answer: Obama ordered the Justice Department to come up with guidelines for implementing his order. There is some confusion about the deadline. Obama's Jan. 21 FOIA memo did not mention any deadline; a White House press release of the same day referred to a 120-day deadline. But other sources have referred to a 90-day deadline. Agencies could take further time to come up with their own internal guidelines. Until new orders come through, many bureaucrats are inclined to follow the old orders.

But that may not get them off the hook. Within days, on January 24, Justice sent all agencies a memo notifying that the Obama policy was "effective immediately." Scott A. Hodes, a FOI lawyer, wrote about it in an article in LLRX.com on February 8.

SEJ Publication Types: 
Topics on the Beat: 
Visibility: