Dear Friend of Press Freedom,
I’m Lauren Harper, the first Daniel Ellsberg chair on government secrecy at Freedom of the Press Foundation (FPF), and welcome to “The Classifieds.” Read on to learn more about how excessive secrecy endangers crop production, the attack on committees that keep the government honest, and more of this week’s most important secrecy stories.
Capricious government secrecy threatens farmers
Could President Donald Trump’s assault on open government data make it harder for farmers to grow food? That’s what a suit brought by farmers against the Agriculture Department is alleging. They contend that the sudden removal of information referencing climate change on the department’s website resulted in the disappearance of tools that help determine what crops to plant.
The complaint argues that in removing the data, the department violated several statutes, including the Freedom of Information Act’s requirements that agencies affirmatively disclose certain categories of records, as well as the requirement that these records be made “available for public inspection in an electronic format.” It’s a smart tactic, and more groups should use the transparency law to challenge the disappearance of agency data.
Open government advisory committee shuttered. Will the FOIA committee meet the same fate?
The Trump administration abruptly terminated an open government advisory committee charged with advising the General Services Administration on access to information issues this week. Committee chair Daniel Schuman notes the move demonstrates the Trump administration’s democratic backsliding and attack on “the independent mechanisms that exist to hold the government accountable.”
It’s reasonable to worry that the Federal FOIA Advisory Committee could be next. The committee, on which I previously served, has issued recommendations on the most pressing issues facing both FOIA requesters and the offices processing their requests. This includes the lack of necessary resources, possibilities for statutory reform, and how classification can further slow the FOIA process.
The FOIA committee’s website contains a wealth of resources that can be found here. Consider archiving the information before it disappears.
DOGE tests use of pseudo-secrets
Shortly after the U.S. Agency for International Development was effectively taken over by the Department of Government Efficiency, a “sensitive but unclassified” warning began appearing on all agency emails, even ones that don’t contain sensitive information. And while a sensitivity warning is not enough to withhold something from release under FOIA, USAID officials have been warned against releasing anything marked sensitive. This will make it harder for the public to obtain information from USAID — and any other agency that follows suit.
FOIA officials and the public must remember that, even if something is correctly labeled sensitive, it’s not a valid reason to withhold information. And if you receive a FOIA denial that cites sensitivity, appeal it. Read more on our website.
The National Archives and the Trump administration
This week I joined University of Maryland professor Jason Baron on NPR’s 1A to discuss the important role the National Archives play in ensuring the public’s right to know. As I told host Jenn White, we can’t meaningfully engage in self-governance if we don’t know what the government is doing. And the National Archives is critical to our understanding of how the government works, both past and present. You can listen to the program on 1A’s website.
What I’m reading
The Trump staffers who get paid by private clients (The Wall Street Journal). A number of influential Trump staffers are serving as “special government employees,” a term used for advisers appointed to work within the federal government. The employees may concurrently hold jobs outside of government that could potentially cause conflicts of interest. More worrisome still is the secrecy surrounding these potential conflicts, since most of these employees don’t have to file public financial disclosures.
The fight against Elon Musk and DOGE’s secrecy (The Dissenter). Kevin Gosztola has a good summary of the lawsuits trying to pierce DOGE’s cloak of secrecy. Even though Musk previously insisted there should be no need for FOIA because government information should be public by default, Gosztola notes, “the first month of Trump’s second term has proven that Musk’s commitment to transparency is as phony and self-serving as his commitment to free speech.”
Amid changes at the National Archives, the Carter Library cancels a civil rights book event (The New York Times). The National Archives, now under the leadership of Secretary of State Marco Rubio and senior adviser Jim Byron, canceled three upcoming book talks at the Carter Presidential Library — allegedly because the library now must seek approval from the National Archives for all events. The canceled talks focused on climate change, homelessness, and the Civil Rights Movement. Not all talks were canceled, and one on presidential pardons is still on the schedule.
Thanks for reading, and see you next time.
Transparently yours,
Lauren Harper
Daniel Ellsberg Chair on Government Secrecy
Freedom of the Press Foundation