Federal and state agencies have processes that allow citizens to obtain information about the documentation of their activities. Most information is only available by submitting a written request under the Freedom of Information Act (FOI). The federal government has a specific statute that allows inspection of records, which is Title 5 United States Code Section 552, and most states have provisions that allow the inspection of records, which is called an open records request.
Citizens who submit FOI requests to state and federal agencies rarely receive the requested documents in full, or any documents at all. Agencies and law enforcement create false narratives to justify denying requests, such as claiming that an investigation is ongoing, which they use to prohibit the release of any information. Often, information in a publicly released document is redacted not to protect a person’s privacy but to protect an agency from liability for failing to perform its duties. Other times, documents are denied because the revelation would reveal the true sinister motive of the authoritative figure making the denial.
Submitting an FOI request is similar to a defense attorney submitting a motion to a prosecutor to reveal all information in the prosecutor’s file pertaining to the defendant. This motion is called a Brady Motion and is based on the Supreme Court case Brady v. Maryland (1963). The prosecutor must release the requested information, but a prosecutor can hand-pick information given to the defense attorney in the same manner as a record keeper can withhold information revealed in an FOI request. Neither a prosecutor nor a recordkeeper considers that the requester knows information that should be in the requested file and that the decision to withhold requested information compromises the recordkeeper’s integrity.
Research should always be conducted before submitting any FOI request to determine if the requested documents contain specific desired information that the recipient cannot dodge.
Government agency employees and law enforcement officials routinely use false “justification” to deny access to records. The cat and mouse game regarding FOI requests shields employees of local, state, and federal law enforcement agencies of any accountability to the citizens of the United States.
There is no accountability when there is no consequence.