COLORADO SPRINGS, Colo. (KOAA) — One year ago, KOAA filed a 64 word public records request with the Air Force Academy (USAFA), seeking email records between two individuals.
The time frame was limited, and the request seemed simple enough. It was unknown what, if anything, the records would yield for reporting purposes. The idea to file a request was born out of curiosity when covering a separate report.
The expectation was to have them in the newsroom by October or November last year at the earliest, but the end of 2024 at the latest.
However, after a “type of ‘moving target’ protracted delay” tactic, as one First Amendment attorney put it, it’s unknown when the records might ever be released. The USAFA records request center has delayed their release six times thus far.
At one point, the records were in “final review with our legal office,” but then no further deadline has since been provided.
The Freedom of Information Act (FOIA) has served as a tool for the public to seek records from any federal agency, helping shed light on the inner workings of the government since 1967.
For journalists, FOIA allows newsrooms to do the following:
- conduct investigations
- confirm news tips
- verify facts
- share what the government is doing with taxpayer money
“FOIAs can show waste, fraud, and abuse, which can be really important for government reform efforts, but they can also show really everyday things like how are benefits being distributed,” said Adam Marshall, senior staff attorney at the Reporters Committee for Freedom of the Press. “It is absolutely fundamental to democracy. If people are going to take part in the democratic process, they have to know what the government is doing or not doing, and FOIA plays a crucial role in that. FOIA helps people understand what they might need to contact their representative about."
The KOAA FOIA request with the Air Force Academy isn’t necessarily unheard of. Marshall said last fiscal year, the oldest FOIA request had been pending for a little over 12 years.
The law does require agencies to respond and provide a substantive determination within 20 working days, but agencies are able to extend and roll the deadlines indefinitely, Marshall said.
Government agencies often redact information to allow partial release of records, which adds to the lengthy response time. The government can deny a FOIA under certain circumstances.
According to the FOIA.gov website, “agencies should withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exemption, or if disclosure is prohibited by law.”
Records requests with agencies within the Department of Defense, Department of Justice, and Department of Homeland seem to take longer due to more requests and backlogs, said Marshall.
According to the 2024 Annual FOIA Report Summary, the federal government received a record high 1.5 million FOIA requests last fiscal year, which was a 25% increase from Fiscal Year 2023.
The Office of Information Policy last month issued guidance for federal agencies to develop plans to reduce their backlogs, but as Marshall notes, the FOIA backlogs keep growing each presidential administration.
“By and large, every administration has been worse than the previous one when it comes to FOIA,” said Marshall. “The delays have by and large continued to go up. The redactions have by and large continued to go up. And the current administration is no exception to that trend.”
This KOAA reporter has ongoing FOIA requests with multiple agencies filed within the past year. The Air Force Academy request is the longest duration thus far, but others have also taken several months, including with the Department of the Air Force and the Department of the Interior.
If and when the records are released, there might not be a single item of interest for the general public. The records could be redacted beyond measure. Or, there could be an interesting report to pursue.
Until the backlogs are addressed and the records are released, it’s impossible to know.
Email Senior Reporter Brett Forrest at brett.forrest@koaa.com. Follow @brettforrestTV on X and Brett Forrest News on Facebook.
Brett can also communicate via encrypted apps like Signal. Due to the sensitive nature of ongoing reporting from federal actions, he is willing to take steps to protect identities.
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