The bureaucracy strikes back — and we’re striking harder

Old habits die hard. The Oversight Project filed another lawsuit against the FBI today. During the Biden years, we were in court constantly, suing the bureau more than a dozen times over weaponization and abuse. Many of the cases we fought then connect directly to the scandals now surfacing under the Trump administration. We were over the target back then — and Washington doesn’t do coincidences.

But this case is different.

We’re suing the FBI to force transparency — not for politics, but for accountability. Because if we don’t fix this now, we’ll look back and wish we had.

Monday’s lawsuit strikes at a deeper problem: the FBI’s claim that it has been “reformed” and is now “the most transparent in history.” That phrase is absurd on its face. Compared with the post-COINTELPRO reforms and the Church Committee era, today’s FBI is anything but transparent.

We’re suing because the bureau has built a system designed to violate the Freedom of Information Act. Over time, the FBI has developed a “pattern and practice” of breaking the law to hide information. Reporters across the political spectrum can tell you the same thing. The bureau stonewalls, delays, and hides behind boilerplate responses that make a mockery of the law.

Our case asks the federal judiciary to step in and force the FBI to fix this — to overhaul its FOIA process and follow the law it routinely ignores. This isn’t a step we took lightly. For nearly a year, we tried to resolve these problems through other channels. But the bureau’s “fixes” never came.

Bureaucratic shell game

The FBI has perfected a set of tricks to avoid scrutiny. It uses canned denials for well-defined requests, ignores the public-interest standard written into law, and buries documents under layers of redaction. Even by Washington’s anemic transparency standards, the FBI stands out as the worst offender.

This isn’t theoretical. In practice, the Oversight Project submitted requests naming specific agents — like the infamous Timothy Thibault — and identifying internal systems such as the Lync messaging platform. We asked for communications containing key terms like “Republican” or “Mar-a-Lago.” Those are precisely the requests the bureau continues to battle with gusto.

FBI Director Kash Patel deserves credit for some high-profile disclosures, but we can’t depend on him to keep discovering incriminating documents in “burn bags” or forgotten closets. That’s not transparency — that’s triage. The FBI cannot investigate itself or selectively release information without feeding public cynicism.

The point of FOIA is citizen oversight — not bureaucratic discretion. In a republic, the people are supposed to control government institutions, not the other way around.

A pattern of abuse

If the FBI had obeyed its own transparency standards all along, Americans would already know far more about the scandals that shook their confidence in government: Russiagate, the Mar-a-Lago raid, Operation Arctic Frost, the targeting of Catholic parishes and concerned parents, and the January 6 excesses. Each of these was compounded by secrecy and delay.