JW VERDICT: Is there any agency or type of information that is exempt from FOIA requirements?
FARRELL: Yes. Most importantly, the courts have found repeatedly over the last few years that the Office of the President, the Office of the Vice President and the White House office itself, is completely exempt from FOIA. If you try to “FOIA” President Bush about some meeting or some activity he is engaged in, the President is not subject to FOIA. This is pretty important and a lot of people do not realize it. You also cannot “FOIA” Congress, or your Congressman. What FOIA really focuses on are government agencies, such as Defense, Commerce, Energy, and all of the so-called “alphabet soup” agencies, such as the Environmental Protection Agency (EPA) and the Central Intelligence Agency (CIA). There are also categories of information that are considered exceptions. The government, for example, can withhold information where there is a national security interest. There are also exemptions for privacy, and for what is called “deliberative process,” which includes the give-and-take between
