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.
Judge rules Trump White House must save official records in FPF case
A federal court sided with FPF on Wednesday, dealing a huge blow to the Trump administration’s efforts to hide its records. District Judge John Bates granted our emergency preliminary injunction, immediately halting the Trump administration’s attempts to dismantle the Presidential Records Act.
In April, the Department of Justice issued a radical, unprecedented memo declaring that a president is no longer bound to preserve White House records. It claimed these important pieces of American history are the personal property of whoever is in the Oval Office, meaning the president could destroy, delete, or even sell official records at will.
The White House immediately followed up with a recordkeeping policy so terrible it all but guaranteed that crucial texts and communications would vanish.
FPF, along with Citizens for Responsibility and Ethics in Washington, sued to compel the White House to save its records.
The court sided with us at this juncture, so the White House must now preserve its records as our case continues through the courts. This is an important step in ensuring that presidential records remain exactly what they have been for nearly 50 years: public property.
Stay tuned as we fight this battle to the finish line.
Public Citizen FOIAs target IRS settlement slush fund
Public Citizen, a nonprofit watchdog, has hit the IRS and the departments of Justice and the Treasury with a series of expedited FOIA requests targeting President Donald Trump’s controversial “anti-weaponization fund.” The fund was established as part of a settlement with the IRS, supposedly to compensate victims of politicized law enforcement, although critics have lambasted it as a thinly veiled slush fund for January 6 insurrectionists. (Adding to the controversy, the settlement also claims the IRS is “forever barred” from auditing past tax returns filed by Trump and any related individuals, trusts, or businesses.)
I’ll be following this story, as well as any documents it uncovers, closely.
Help FOIA officials get certified
If you’ve been looking for a tangible way to improve the federal Freedom of Information Act process, the American Society of Access Professionals has an exciting opportunity for you. ASAP, a trade organization for FOIA professionals, is in the final stages of launching a formal FOIA certification program. This is a major step toward standardizing FOIA across the federal government and elevating career trajectories for FOIA officers.
To cross the finish line, ASAP needs volunteers to “test the test.” The in-person mock certification exam will take place in Washington, D.C., on Friday, May 29, at 9 a.m., and is open to government employees, journalists, researchers, and nonprofit practitioners alike. If you want to help shape the future of FOIA, email [email protected] to sign up.
What I'm reading
Agencies won’t hand over records for an investigation into how DOGE accessed data
Federal agencies are refusing to fully cooperate with an ongoing investigation into how the Department of Government Efficiency obtained access to sensitive government data. The Government Accountability Office, the independent watchdog for Congress, is facing unprecedented stonewalling from multiple executive branch agencies. This resistance comes on the heels of a controversial Office of Management and Budget memo that openly questions the legislative watchdog’s oversight authority. By treating the GAO as an adversary, federal agencies are impeding Congress’ ability to conduct oversight of public funds.
White House pressing ICE for updates on wearable identity verification technology
The White House is pressuring Immigration and Customs Enforcement Assistant Director Matthew Elliston for answers about when the agency will deploy more wearable biometric technology. The use of this technology, which reportedly includes face matching capabilities and smart glasses, would expand the government’s warrantless surveillance of Americans whether they are the target of immigration enforcement or not.
The push comes amid mixed messaging from ICE leadership regarding its broader automation plans. While ICE accounts for a quarter of DHS’ artificial intelligence use cases, Chief Information Officer Dustin Goetz recently said the agency was “not using” a lot of the features of agentic AI, adding, “And we’re not planning on it.”
Transparently yours,
Lauren Harper
Daniel Ellsberg Chair on Government Secrecy
Freedom of the Press Foundation
