Freedom of Information Act (The Wire)
Freedom of Information Act[edit]
Air Force Capt. Bryant O. Bair and Air Force Staff Sgt. Genniviv T. Herald Staff Judge Advocate Office
Without a doubt, Joint Task Force Guantanamo is a subject of much public interest. Whether it is for a college research paper or for CNN’s latest news story, inquiring minds want to know what goes on in Guantanamo Bay. Many media members obtain information when they visit GTMO; however, it is through the Freedom of Information Act that many request information.
What is FOIA and why do you need to know about it? FOIA was signed into law in 1966 by President Lyndon B. Johnson. It allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. We all maintain records and are stewards of records within our organizations. Records can be your organization’s Standard Operating Procedures, work e-mails, or a form used daily for standard procedures. All of these can be requested through FOIA, and by law, we are required to produce the records.
But my files are classified and highly sensitive and I do not have to provide those documents, you say? Wrong. By law the government, including any organization in JTFGTMO, is required to produce any documents requested through FOIA. No need to be alarmed, though: there is a formal process for a FOIA request. Although we are required to produce the requested documents, there are nine exemptions and three exclusions that prevent the disclosure of sensitive information. For instance, any classified information that reveals intelligence activities, including sources, methods and approaches are redacted from that document. There are several FOIA offices within the Department of Defense and unbeknownst to some, there is a FOIA office in JTF-GTMO that oversees all the requests pertaining to JTF-GTMO.
How does JTF-GTMO’s FOIA process work? Anyone can submit a FOIA request – media agencies, attorneys and even foreign citizens. This request must specify what types of documents the requestor wants. The life of a FOIA request from a media outlet for GTMO information is as follows:
- The request is typically submitted to the DoD FOIA office, which is then forwarded to the JTF-GTMO Staff Judge Advocate FOIA office.
- The request is reviewed and forwarded to the appropriate organizations within JTF-GTMO, such as the Joint Detention Group, Joint Intelligence Group, etc.
- The organization’s FOIA representative either searches the records or tasks others within the organization to search for records that relate to the particular request.
- Once records are found that match the request, they must then be released to the requestor unless, one of the exemptions or exclusions applies.
- Before release, the unit FOIA representative reviews every document and redacts (securely covers) any information that may be classified, violate someone’s privacy or threaten operational security.
- After the unit FOIA representative has reviewed the documents, they are forwarded to the JTF-GTMO SJA FOIA office where they are reviewed again.
- The documents are then forwarded to United States Southern Command and DoD for an additional two levels of review.
By statute, the entire FOIA process must be completed in 20 days. Should this timeline not be met, the case may result in a lawsuit. It is a given that all of JTF-GTMO’s files are highly sensitive and that we have a tendency to refrain from providing information to anyone who does not work within our work section. In fact, it is usually a kneejerk reaction to think that we cannot release GTMO documents; however, every request has to be processed to make a release decision.
So again, you wonder why does this apply to you? Because as individual Troopers our responsibility is to maintain any records in our control in an orderly manner and to promptly respond to search requests from our unit FOIA representatives. You can be assured that the documents you find will be thoroughly reviewed and the appropriate balance will be struck between security and openness.