FBI Tries To Limit Freedom of Information Requests
Saturday, January 22, 2005 at 06:33PM
TheSpook
The FBI is fighting in court to limit how hard it has to search
for government documents requested by the public under the Freedom of
Information Act, one of the main laws for ensuring openness in
government. If the bureau prevails, people could have a
diminished chance of getting documents from the nation's most famous
law enforcement agency, open records experts said. In court, the
FBI is defending a recent automated search that missed some documents
that had been released years ago in a separate FOIA case.
Representing the FBI, the Justice Department asked a federal judge this
month to dismiss this lawsuit and said its request should not be
undermined "by an unsuccessful search for a document as long as the
search was adequate." FBI officials declined to further address the
ongoing litigation. Justice Department guidelines say the law
requires a search "reasonably calculated to uncover all relevant
documents." Legal and academic critics say the search in this
case didn't meet that standard. They said they suspect the transfer of
records from paper to electronic files has become an excuse for doing
cursory searches that the government knows won't retrieve all relevant
documents. "We all thought that digitization of government
documents and electronic FOIA would mean greater public access, but
time and again we've seen government agencies use it as an excuse for
obfuscation," said Jane Kirtley, a University of Minnesota journalism
professor who has waged many FOIA battles. "They say, 'We don't have
the software set up to find what you're looking for.'" The
lawsuit in question was filed by Salt Lake City lawyer Jesse Trentadue,
who is pursuing a theory his brother Kenneth was murdered in a federal
prison isolation cell in Oklahoma City on Aug. 21, 1995. Kenneth's
bloody and bruised corpse raised questions of foul play among many
officials, but local and federal investigations ruled his death a
suicide. [more]
Article originally appeared on (http://brownwatch.com/).
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