Yale Law School’s Media Freedom and Information Access Clinic, the Information Society Project and the Floyd Abrams Institute for Freedom of Expression co-hosted a bootcamp event on Tuesday evening guiding journalists through the process of accessing records from the government. 

The bootcamp centered on the federal Freedom of Information Act, or FOIA, which grants the public the right to access government records. Under this act, federal agencies must disclose requested information unless it qualifies for specific exemptions, such as national security or personal privacy. Panelists included Nate Jones, the FOIA director for The Washington Post, and Nathan Tempey, a criminal defense investigator and journalist. Jones and Tempey shared insights into the request process and their personal experiences with FOIA. Attendees also received a paper featuring an illustrated step-by-step guide outlining the procedure of requesting documents using FOIA.

“We are thrilled to have had so many reporters, lawyers and residents of the greater New Haven community attend our annual FOIA bootcamp,” said Jennifer Borg, a senior research scholar at the MFIA clinic and an organizer of the event. “As part of our clinic’s mission, we aim to support investigative journalism and transparency. Nate Jones and Nathan Tempey did a fantastic job giving practical advice as to how FOIA can be used to hold our government accountable.”

Jones initiated the discussion by outlining the process for obtaining government documents through FOIA. The steps included identifying the relevant state or federal agency holding the desired record, specifying the particular document to request, drafting and submitting the email request, obtaining a tracking number to monitor the progress, and if approved, gaining access to the files.  

Tempey provided several suggestions for initiating searches when seeking files, including Google searches, library databases, government websites, legal documents and reaching out to knowledgeable individuals. Nonetheless, he acknowledged the difficulty of navigating larger agencies, which he explained are often reliant on impersonal communication methods such as portals. He emphasized the importance of identifying and contacting specific individuals within these agencies to streamline communication and avoid being overwhelmed by bureaucratic processes.

Jones mentioned that agencies may occasionally deny requests for documents. In such cases, he said that two additional steps include filing an appeal and providing a detailed explanation of why the agency’s use of FOIA exemptions was incorrect, followed by pursuing litigation against the agency in court. Jones emphasized the significance of this process, saying that FOIA enables journalists to uncover government information that might otherwise go unnoticed.

“With FOIA, we often get to see something behind the scenes that you don’t get to see every time,” Jones said.

Jones also emphasized the importance of crafting detailed and precise FOIA requests when interacting with records officers. He warned against the pitfalls of submitting overly broad requests, which could lead to rejection or prolonged processing times. Jones illustrated this point with an example of articles from a government agency on the war in Afghanistan. He said that these seemingly “bland” reports from the agency regarding the war actually contained vital information tucked away in footnotes sourced from high-ranking officials. When he made requests for these specific sources, agencies were unable to deny them, as the information had already been publicly disclosed.

Tempey emphasized that government agencies do not simplify their reports for public consumption. Therefore, he said, journalists need to understand how they organize information. For example, he said, police disciplinary records may be called something else in the agency’s system, meaning anyone looking to access them would need to understand how they manage the files. He said that asking for a new record may delay the process, as FOIA compels them to provide existing information, not create new records.

The event concluded with a question-and-answer session where attendees had the opportunity to speak with both Jones and Tempey directly and hear overall final thoughts on navigating the process of FOIA. 

“Figure out where to file and figure out what the law is that applies to your situation,” Tempey said.  “Make sure to stay on top of your FOIA requests.”

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