Trump and RFK Jr. Sued Over Broken Transparency Promises and FOIA Delays

Donald Trump’s second term began with a bold claim: “the most transparent administration in history.” Yet, transparency has been among the first casualties. The ongoing Epstein files scandal is only the most visible symptom of a deeper contempt for public access to government records.

Every day, federal agencies generate data, emails, and reports that belong to—and are paid for by—the public. The Freedom of Information Act (FOIA) and other public records laws require agencies to release these documents upon request, with limited exceptions. Before regaining power, Trump and his allies frequently relied on FOIA to challenge government actions. Trump filed FOIA requests with the IRS to disrupt an audit and sued the National Archives for withholding classified materials. Robert F. Kennedy Jr. similarly used FOIA to obtain vaccine data and details about his Secret Service protection, even suing for faster responses.

Now, both men are enforcing a different standard. Across the government, public information offices have been systematically dismantled following Trump’s Department of Government Efficiency (DOGE) initiative and subsequent layoffs. The damage is so severe that even basic questions about staffing levels go unanswered—because the employees who could provide them have been let go.

At HHS, where Kennedy serves as secretary, multiple public information offices were shuttered almost overnight. During his confirmation hearings, Kennedy pledged “radical transparency,” promising HHS would proactively share so much data that FOIA requests would become unnecessary. The reality? HHS’s “Radical Transparency” webpage lists just five topics, all tied to administration priorities like vaccine conflicts, “wasteful spending,” and campus antisemitism.

For those still forced to file FOIA requests, the wait is interminable. The government’s central FOIA portal, FOIA.gov, currently has a backlog of 267,000+ unanswered requests. Legally, agencies must respond within 20 business days; at HHS, the average delay is 490 days. As one reporter noted, “For faster service, seal your request in a bottle and toss it into the ocean.”

The delays aren’t isolated incidents—they reflect a systemic failure. Legal experts describe this as a “pattern and practice” of obstruction. Examples from Mother Jones reporting include:

• Julia Métraux, covering disability issues, filed a request 18 months ago for records about a Massachusetts school using electric shocks on children with disabilities. Still no response.
• Madison Pauly, covering LGBTQ issues, requested documents behind a controversial report on gender dysphoria in May 2023. No update since.
• Julia Lurie, covering child welfare, sought records in May 2023 about “wellness farms” (promoted by RFK Jr. as a tool to “reparent” antidepressant users) and the psychedelic drug ibogaine, proposed for trauma treatment.

These cases underscore a stark reversal: Trump, Kennedy, and their allies once weaponized FOIA to hold the government accountable. Today, they’re weaponizing secrecy to avoid it.