Defensive Standards Hinder FOIA Openness

From The FOIA Project:

When the Obama administration came to office in January 2009, it promised openness and transparency in government. On his first full day in office, President Barack Obama issued a memorandum concerning his administration’s beliefs on the Freedom of Information Act (FOIA), ordering federal officials to err on the side of openness.

This report considers whether or not a key component of that March 2009 directive which set forth new “defensive standards” for FOIA litigation has been obeyed. Henceforth, the AG’s memorandum stated, the Department of Justice would “defend a denial of a FOIA request only if (1) the agency reasonably foresees that disclosure would harm an interest protected by one of the statutory exemptions, or (2) disclosure is prohibited by law.