VICE News Fights for the Freedom of Information Act on Capitol Hill

A few weeks ago, I got a call from Katy Rother, counsel for the House Committee on Oversight and Government Reform. She wanted to discuss the Freedom of Information Act (FOIA) — the law that allows anyone to file a request with government agencies and request documents.

I've used FOIA extensively over the past five years of my career as a journalist, and I've obtained all sorts of records that have allowed me to break stories for VICE News on a variety of hot-button issues. These stories have revolved around Hillary Clinton's use of private email during her tenure as Secretary of State, the CIA's targeted killing program, the US prison at Guantanamo Bay, the Defense Department's discussions with Congress on Edward Snowden, and the CIA's torture program.

Despite the success I've had with these stories, FOIA remains an imperfect law that is in dire need of reform. Government agencies are not eager to turn over their internal documents to journalists, and often withhold or heavily redact records, citing any of the Act's nine exemptions. While the agencies often claim that the withholding of information is to protect national security or details about candid conversations about a particular issue, I've found that it's more about concealing information that could be embarrassing.

This is what Rother wanted to discuss with me. She said the full committee was preparing to hold a hearing about the problems associated with FOIA, and has an eye toward reforming the law — and was eager to hear from journalists who use it. So she asked me if I would testify before the Oversight Committee and share my experience.

Related: Primary Sources — the VICE News FOIA Blog

This was an unusual request, because journalists often remain behind the scenes and don't often share details — particularly with the very lawmakers we write critically about — regarding our work. But I wasn't being asked to divulge details about my sources, or the way I report on a particular issue. So I agreed to testify on behalf of VICE News, because I believed my testimony would help Congress understand how important the FOIA is to our democracy, and the steps they could take to improve it and force transparency of government agencies.

Much to my surprise, Congress asked my fellow panelists and me some hard-hitting questions. And despite the fact that some members got into a partisan pissing match over which administration — George W. Bush's or Barack Obama's — was worse on transparency, they seemed genuinely interested in making sure that FOIA works as intended.

Testimony of Jason Leopold Before House Oversight and Government Reform Committee