The Freedom of Information Act is one of the most powerful tools a citizen has. It is also one of the most underused, and most frustrating.
Since 1967, FOIA (5 U.S.C. § 552) has given any person the right to request records from federal executive branch agencies. You do not need to be a journalist or a lawyer, and you do not need to explain why you want the records.
Demand Is at a Record High
According to the Justice Department’s FY 2025 summary, federal agencies received a record 1,707,197 requests, up about 14% from the year before, and processed a record 1.6 million. Even so, more requests were pending at the end of the year (about 463,500) than at the start. About 60% of all requests went to the Department of Homeland Security.
At the Justice Department itself, the backlog of overdue requests rose 35%, to 29,308. Average processing time was about 18 days for simple requests, but nearly 250 days for complex ones.
How to File a Request That Works
- Pick the right agency. Search FOIA.gov to find the agency and component most likely to hold the records
- Be specific. Name the subject, date range, offices and types of records (emails, memos, contracts). Vague requests get delayed or denied as overly broad
- Ask for electronic copies in their native format where possible
- State your fee category. Members of the public generally get two hours of search and 100 pages free. Ask for a fee waiver if disclosure is in the public interest
- Request expedited processing only if you can show an urgent need, such as an imminent threat to someone’s life or safety or an urgent need to inform the public
- Keep records of your request number and every communication
What Agencies Can Withhold
Agencies must respond within 20 business days, though they can extend that in unusual circumstances, and they often do. They may withhold information under nine exemptions, including classified national security information, personal privacy, privileged internal deliberations, trade secrets and certain law enforcement records. They must release any portions of a record that are not exempt.
When an Agency Stalls
- Contact the agency’s FOIA Public Liaison, whose job is to help resolve disputes
- File an administrative appeal of any denial or partial denial, usually within 90 days
- Request free mediation from the Office of Government Information Services (OGIS) at the National Archives
- As a last resort, you may sue in federal court. If an agency misses its deadlines, you may be able to go to court without waiting for an appeal
Truth Trench was built on a simple idea: you have heard of a search engine, this is the research engine. FOIA is where research becomes accountability.
Keep Digging With Truth Agent
This article is a starting point. Truth Agent puts the public record at your fingertips, including the Constitution, federal law, regulations, court opinions and oversight reports, so you can draft records requests and search what agencies have already released without relying on anyone’s summary, including ours.
