Freedom of Information laws need to be changed

According to the government's own website:

The basic function of the Freedom of Information Act is to ensure informed citizens, vital to the functioning of a democratic society. 

With government employees simply refusing to turn over records or building a process to release them that takes years or decades - the Freedom of Information Act is not working as intended. This is despite the government's own website saying:

if there is an urgency to inform the public about an actual or alleged Federal Government activity, if made by a person who is primarily engaged in disseminating information, his or her request will be expedited. 

Yet it is the information related to misconduct by the government or its employees that is hardest to obtain. Organizations like Judicial Watch regularly have to go to court and even then, the release of documents can take years or decades.

Changes to make the Freedom of Information Act (FOIA) work

There needs to be maximum timelines by which responsive documents will be released unless the documents genuinely fall within one of the 9 exemptions:

Within 30 Days - Government to release all responsive documents that do not fall within one of the exemption categories. Government to provide a list of responsive documents withheld and under which exemption.

Within 90 Days - Government to have reviewed all responsive documents withheld and either released them or confirm they do indeed fall within the exemption

Within 180 Days - Congress has oversight responsibilities of the executive branch, so Congress should have a FOIA Ombudsman that reviews all responsive documents withheld (and redactions from any documents released) to determine if they are genuinely subject to an exemption. If not, the documents should be immediately released.

This process would make the release of documents in a timely manner the standard course of action unless the government takes positive action to stop the release.

There also needs to be penalties for government employees who do not comply (either not releasing responsive documents or redacting sections of documents that should not be redacted)  including:

• Immediate termination
• Loss of all retirement benefits e.g. pension etc.
• Financial penalty equal to 100 times the amount the requester has spent to obtain the document (filing fees, legal fees, court costs etc.)
• Minimum 1 year imprisonment

These penalties may appear severe - but remember these government employees are involved in hiding government misconduct from the public. Government misconduct will only stop when it is exposed. The cost of government misconduct to the public is enormous. Worse it can destroy an individual's life. That is why there needs to be severe penalties for non-compliance by government employees.