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 about this week’s top secrecy news.
FOIA shows DOJ’s rollback of media protections was based on a lie
The FBI’s raid of Washington Post reporter Hannah Natanson’s home Jan. 14 is a direct result of Attorney General Pam Bondi’s decision last year to reverse protections for journalists, shielding their records from searches during leak investigations. That decision was based on a lie, exposed thanks to an FPF Freedom of Information Act request.
In March 2025, the Trump administration invoked the Alien Enemies Act to deport Venezuelans that it claimed were members of the Tren de Aragua gang. To do so, the administration alleged that the gang operated in coordination with Venezuelan President Nicolás Maduro’s government. The purported connection between Tren de Aragua and Maduro is essential, because the act only allows the deportation of citizens of an enemy government, not suspected affiliates of an independent organization.
Shortly after the Alien Enemies Act was invoked, journalists blew a hole in the administration’s claims.
Bondi responded by claiming that reports of the leaked memo were “illegal and wrong” and made it more difficult to keep America safe. She then rolled back the Department of Justice’s existing media protections.
I filed a FOIA request for the intelligence community memo the same day Bondi reversed the DOJ’s media guidelines.
The document was quickly released.
Not only did the official disclosure back up initial reports that the Trump administration had no basis for invoking the Alien Enemies Act. It also showed that Bondi’s claims that journalists were endangering America were lies, designed to make it easier to try and intimidate them from contradicting the administration.
Government releases portion of legal rationale for Maduro strike
The administration has released a heavily redacted Office of Legal Counsel memorandum outlining its legal basis for abducting Maduro. Legal experts find it lacking.
The memo represents only a small portion of the government’s discussions around the legality of the strike. To get a fuller picture, I filed FOIA requests with the OLC, the Defense Department, the State Department, the National Security Agency, the CIA, the FBI, and the National Geospatial-Intelligence Agency for all discussions of the president’s legal authority to conduct the strike.
These records should show if, and how vigorously, agencies pushed back on OLC’s position.
The Defense Department has already agreed to expedite processing of the request.
FOIA request stymied? Always appeal
Earlier in January, the Secret Service tried to get out of conducting a search in response to my FOIA request for records about the construction of the White House ballroom by saying that all the documents would either be public contracting records or presidential records not subject to FOIA. It failed to even conduct a search or offer me appeal rights.
I appealed anyway, and within one business day, the agency reversed course and agreed to process the request.
This goes to show the importance of appealing, even when an agency doesn’t explicitly offer you appeal rights.
Here are some good resources for getting started on your appeals:
- FOIA Wiki. This website, a collaborative effort that was spearheaded by the Reporters Committee for Freedom of the Press, is one of my favorite resources. Most entries contain a section on how to challenge exemptions or determinations, as well as case law citations.
- Effective FOIA Requesting for Everyone. This free guide from the National Security Archive is filled with plenty of relevant advice and appeal examples.
- MuckRock. A search of its database can help you find examples of appeals that have been submitted to a wide variety of agencies.
What I'm reading
Police unmask millions of surveillance targets because of Flock redaction error
Police departments have released entirely unredacted audit logs for Flock, a company that has a nationwide infrastructure of automated licence plate readers that law enforcement agencies across the country pay to have access to, in response to public records requests. The releases have disclosed surveillance targets and active investigations. Flock has tried to blame the release on increased activity by FOIA requesters, rather than the inherent problems of running a nationwide surveillance tool.
Pentagon bought device through undercover operation some investigators suspect is linked to Havana syndrome
The Defense Department has spent a year studying a device that may be causing what is known as Havana syndrome, a cluster of symptoms ranging in severity that have been impacting U.S. diplomats and spies overseas for nearly a decade. The device was purchased by the Department of Homeland Security’s Homeland Security Investigations unit for at least $10 million.
Transparently yours,
Lauren Harper
Daniel Ellsberg Chair on Government Secrecy
Freedom of the Press Foundation
