Public Comment Submitted by William Fernandes on July 3, 2025
To Whom It May Concern:
I am submitting this public comment pursuant to the authority vested in NARA
under the Freedom of Information Act (FOIA) and the Federal Records Act, in
order to formally report ongoing deficiencies and potential misconduct at the
Department of Justice Office of Information Policy (DOJ OIP), particularly in
relation to the administration of its FOIA operations via email and the FOIA
portal.
Specifically, the DOJ.OIP.FOIA@usdoj.gov email account has exhibited systemic
failures in timely acknowledging and processing requests and related
communications. In addition, there have been persistent administrative
problems with ancillary tasks such as resetting passwords for the FOIA
portal, which effectively prevent requesters from accessing or managing their
submissions. These seemingly minor administrative failures have functionally
resulted in obstruction of access to public records—particularly
significant given the increased public scrutiny and transparency expectations
under the current administration.
Within the past 60 days, formal complaints were submitted to both the DOJ
Office of the Inspector General (OIG Hotline) and the DOJ Office of
Professional Responsibility (OPR), citing dereliction of fiduciary duties by
FOIA analysts and staff. These complaints allege that the delays and lack of
responsiveness may rise to the level of constructive denial of access, and
potentially implicate broader concerns of intentional delay or concealment.
This comment is being submitted to ensure the issue is memorialized within
NARA's oversight jurisdiction and to urge the Archivist to consider the
systemic implications for federal recordkeeping obligations, public access
rights, and the integrity of FOIA administration.
William Fernandes
Open Government Project with ChatGpt