Trying (and Trying) to Get Records From the ‘Most Transparent Administration’ Ever

I experienced firsthand the incompetence and neglect behind Obama’s failure to make good on his Freedom of Information Act-FOIA promises


Two years ago last month, I filed a public-records request to the Federal Emergency Management Agency as part of my reporting into the flawed response to Hurricane Sandy. Then, I waited.


The Freedom of Information Act requires a response within 20 business days, but agencies routinely blow that deadline. Eight months later, ProPublica and NPR published our investigation into the Sandy response, but it did not include any documents from FEMA. The agency had simply never gotten back to me.


Finally, this Feb. 10 2014 492 business days past the law's 20-day deadline 2014 I got a curious phone call from FEMA. The agency was starting a "clean search" for the documents I asked for, because the original search "was not done properly."




"I wish I had the answer," the staffer told me. "There are quite a few cases that this happened to."


Documents are the lifeblood of investigative journalism, but these problems aren't of interest only to reporters. The Freedom of Information Act is supposed to deliver on the idea of a government "for and by the people," whose documents are our documents. The ability to get information from the government is essential to holding the people in power accountable. This summer will mark the 50th anniversary of the law, which has been essential in disclosing the torture of detainees after 9/11, decades of misdeeds by the CIA, FBI informants who were allowed to break the law and hundreds of other stories.


President Obama himself waxed poetic about FOIA on his first full day in office in 2009, issuing a statement calling it "the most prominent expression of a profound national commitment to ensuring an open Government." He promised that his would be "the most transparent administration in history."


But Obama hasn't delivered. In fact, FOIA has been a disaster under his watch.


Newly uncovered documents (made public only through a FOIA lawsuit) show the Obama administration aggressively lobbying against reforms proposed in Congress. The Associated Press found last year that the administration had set a record for censoring or denying access to information requested under FOIA, and that the backlog of unanswered requests across the government had risen by 55 percent, to more than 200,000.


The Republican-led House Oversight and Government Reform Committee looked into the state of the public-records law and in January issued a report with a simple, devastating title: "FOIA Is Broken."


Incredibly, it took my ProPublica colleague Michael Grabell more than seven years to get records about air marshal misconduct from the Transportation Security Administration. As he pointed out, his latest contact in the FOIA office was still in high school when Grabell filed his initial request.


After a reporter at NBC4 in Washington sought files related to the 2013 Navy Yard shooting, Navy officials actively strategized about how to thwart the request. The Navy only apologized after it mistakenly forwarded its internal email traffic to the reporter.


When a Mexican journalist asked the Drug Enforcement Administration in 2014 for files related to its role in the capture of drug lord Joaquín "El Chapo" Guzmán, the agency sent a letter back demanding $1.4 million in fees to search its records.


"There's a leadership void that has gotten worse," veteran FOIA lawyer Scott Hodes told me. "It's not treated as an important thing within the administration."


Why is the law failing so badly after all the promises about transparency? My experience and the experience of other journalists suggests the reason is twofold: incompetence and neglect.

When I probed a bit more into what had gone wrong at FEMA, the agency's entire FOIA apparatus started to look like a Potemkin village of open government. The FOIA staff was never trained properly, a FEMA spokesman told me. Of 16 positions in the office, eight have long been vacant for reasons that are not entirely clear. The backlog of requests at FEMA has ballooned to 1,500. That's more than double what it was less than two years ago.


Spokesman Rafael Lemaitre promised that the backlog was "frankly unacceptable to senior leadership here at FEMA, who have been aware of the problems and are taking actions to correct it."


"Obviously the Freedom of Information Act is a very vital resource for taxpayers," Lemaitre said. "Frankly, we haven't done a very good job of fulfilling that promise."


Over the past two years, whenever I periodically called or emailed for updates, agency staffers either ignored me, said their systems weren't working or told me they didn't have any new information.


My request outlasted the tenure of my original contact in the FOIA office. When I called 14 months into the process, I was told she had left the agency 2014 fair enough, as people change jobs all the time. But my request had apparently not been handed off to anyone else. No one seemed to know what was going on.


Last year, the federal FOIA ombudsman found that FEMA took an average of 214 days to process complex FOIA requests, the third-worst in the Department of Homeland Security. (That compares to an average processing time for complex requests of 119 days across the rest of the government.) "A lack of responsiveness prompted lawsuits that cost the agency a bunch of money," said James Holzer, the head of the ombudsman's office, who praised FEMA officials for at least recognizing the problem.


A hiring freeze at the agency after sequestration didn't help matters. But officials told Holzer's investigators last year that the eight long-vacant positions in the public records office would be filled as early as last fall. Today, those jobs remain empty. The FEMA spokesman didn't have an explanation for what's taking so long.


When I tried to find out whether anyone had been held responsible for the fiasco, I didn't find much more transparency. "I cannot discuss any personnel issues, unfortunately," the spokesman told me.


Has the agency at least set a specific goal for when it will get through its backlog? "Our target is to get these cleared as quickly as possible 2014 I don't have a date for you."


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NCDRC slams HDFC Bank and fines it for apathy towards Indian couple stuck abroad
Asking HDFC Bank to pay a compensation of Rs5 lakh, the apex consumer forum said the Bank has no love and respect for India
The National Consumer Disputes Redressal Commission (NCDRC), while asking to pay a compensation of Rs5 lakh has criticised HDFC Bank for the lender's failure to activate debit card of an Indian couple stuck in Thailand for 10 days used strong and emotional words to enhance the compensation sought by the couple. The bank’s callousness had deprived the couple of funds, while in a foreign destination, even though they had plenty of money in the bank. 
In a judgement, a bench headed by Justice JM Malik of the apex consumer forum said, "The (HDFC) Bank has got no love and respect for India. The reputation of India was at stake. Knowing fully well that Indians were trapped in a foreign country, it was the bounden duty of the manager to swing into action immediately. He (the branch manager) committed an egregious mistake for taking no action for 10 days. It exposes the sloth and callousness on the part of the manager. This shows negligence, inaction and passivity on the part of the bank.”
Chandigarh-based senior advocate Mohinderjit Singh Sethi and his wife Rajmohini Sethi had filed the complaint against the lender after the State Commission rejected their plea. According to the complaint, Rajmohini Sethi had opened a joint account in HDFC Bank by depositing Rs1.5 lakh. The Bank issued her a debit card assuring that she would not face any difficulty while using the card in foreign countries. However, while in Bangkok, the Sethis found that the card could not be used. They contacted HDFC Bank's branch manager Rajinder Patheja, who told them that there was some discrepancy in the date of birth of Rajmohini Sethi, which was to be rectified.
The Sethis were again stuck in Singapore as the debit card was not functional leading to several difficulties, including not being able to use the money till their return from abroad. 
They then filed a complaint before the Chandigarh District Consumer Forum seeking Rs30 lakh compensation. The Forum, however, granted a compensation of Rs50,000. The Sethis then approached the State Commission, which rejected their demand to enhance the compensation. They then challenged the order before the NCDRC.
While enhancing the compensation, the NCDRC said,  “keeping in view the harassment and mental agony caused to complainant number one (Mohinderjit) and his wife, we are of considered view that the amount of Rs50,000 awarded by the district forum, is just peanuts. A wearer knows where the shoe pinches.”



Pranav Kharod

7 months ago

HDFC bank and the staff act very arrogant the moment you start complaining of their poor services.the entire staff gangs up to save their services.PSU banks provide much better services without hefty charges.


Suketu Shah

In Reply to Pranav Kharod 7 months ago

Perfectly said "ganging up".You donot see this in other private banks.Infact they gang up against customers even after leaving hdfc bank!(stalking)

Narendra Doshi

7 months ago

It is a BIG shame HDFC Bank Chandigarh Branch Manager. Eye wide opener for other HDFC & other Bank Managers, in India.


7 months ago

I have 3 Consumer Court cases and one Writ Petition in the High Court ongoing against HDFC Bank.One of my cases is very similar to this - stuck abroad with deactivated Credit Card for no valid rhyme or reason. But the cases are dragging for years by the dilatory tactics of HDFC Bank and the inefficiency of the legal system.

What to Know about Negative-Option Offers
It's National Consumer Protection Week. Learn how to avoid repeated charges on your credit card
Negative-option offers – they turn sales transactions on their heads. Instead of a business selling you a good or service, negative-option offers start with the premise that you’ve already bought it, and it’s your responsibility to contact the business to cancel your order.
There are four different types of negative options to watch out for:
  1. Pre-notification negative-option plans, where you receive periodic notices offering goods (e.g., books or music) and then receive the goods at a charge unless you specifically reject the offer.
  2. Continuity plan, where you agree in advance to receive periodic shipments of goods or provision of services, and then get charged until you cancel the plan.
  3. Automatic renewal negative-option offer, where the seller automatically renews the contract, such as a one-year magazine subscription, at the end of a fixed period unless you specifically tell the seller not to.
  4. Free-to-pay conversion plans, where you receive a good or service for free (or at a nominal price) for an introductory period. Then, you get charged a boat load of money if you don’t take affirmative steps to cancel the plan or return the good or service.
Now you may be wondering how on earth do these shady businesses get their hands on your money when you don’t really want them to? Here’s how: by hiding important terms and conditions in tiny print, using pre-checked sign-up boxes as the default setting, and making it near impossible to cancel with super-strict cancellation and return policies. You really have to be on your guard with these types of marketing ploys. Below are some helpful tips:
  1. Watch out for pre-checked boxes. Those checkmarks may give the company the green light to continue the offer past the free-trial period. 
  2. Find the terms and conditions for the offer, read them carefully, and make sure you understand them. 
  3. Look for who’s behind the offer. Just because you’re buying something online from one company doesn’t mean the offer or pop-up isn’t from someone else. 
  4. Mark your calendar. If you do sign up for a free trial, make sure you have a timely reminder of when you need to cancel to avoid getting charged. 
  5. Look for info on how you can cancel future shipments or services. 
  6. Use a prepaid credit card if you are worried your credit card will be repeatedly billed. 
  7. Read your credit and debit card statements so you know right away if you’re being charged for something you didn’t order. 
  8. Research the company. Look online for complaints or reviews of the company’s services.
If you have been unfairly charged, here are tips on how to fight it.’s continuing coverage of negative-option orders can be found here



R Balakrishnan

7 months ago

Cannot this be made in to a criminal offence?
ASCI should be pushed in to this.

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