The White House has “interfered in the FOIA process in ways that violate the statute and hinder its purpose of federal transparency,” Cause of Action said in a statement.
Conservative Transparency Group Sues 12 Agencies Alleging FOIA Obstruction
Cause of Action says White House reviews are delaying documents.
The right-leaning legal group Cause of Action on Monday filed a lawsuit against the White House counsel’s office and 11 other federal agencies charging the Obama administration with obstructing Freedom of Information Act requests.
The group, which filed a similar suit in August 2014, said the administration misses deadlines under the law while reviewing requested agency documents for “White House equities” that, the group argued, “the administration considers politically sensitive or embarrassing.”
The suit in U.S. District Court for the District of Columbia named White House Counsel W. Neil Eggleston, in his official capacity, the Office of the White House Counsel and the following departments: Treasury, Transportation, State, Justice, Homeland Security, Health and Human Services, Defense, Interior and Energy, as well as the Internal Revenue Service and the Environmental Protection Agency.
The White House has “interfered in the FOIA process in ways that violate the statute and hinder its purpose of federal transparency,” Cause of Action said in a statement. “The result of these consultations is that agency FOIA productions are delayed precisely when prompt disclosure is most important.”
The sometimes-months or years-long review “based on potential political consequences violates both the letter and the spirit of FOIA,” the group added.
“Given that the president and his immediate staff, including the [Office of the White House Counsel], are not an ‘agency’ within the meaning of FOIA, FOIA contains no provision governing review of agency FOIA productions by the White House,” the complaint read. “It appears the president may review documents held by agencies within the Executive Branch of government absent a statutory prohibition or procedure on such review. ….However, the president cannot effect such review if it results in violations of statutory deadlines.”
Cause of Action has pressured the government on transparency issues such as the Hillary Clinton emails from her days at the State Department and regulatory controversies at the Commerce Department.
The White House did not immediately respond to a request for comment.