Columbia Standard

U.S. Senate Democratic Whip Dick Durbin questioned witnesses during a Senate Judiciary Committee hearing focused on the Freedom of Information Act (FOIA), discussing government transparency and compliance with FOIA requests. Durbin addressed the potential evasion of FOIA by the so-called Department of Government Efficiency (DOGE). Durbin stated, “One could argue that the most ambitious and energetic and active agency of government is not an agency of government – DOGE… which I don’t recall is part of our cabinet. But I believe that the courts have concluded that despite their protestations to the contrary, that DOGE is probably required to comply with FOIA, at least under the status we currently look at.”

Durbin expressed concern about the implications if an agency empowered to eliminate federal agencies is not subject to FOIA, questioning its motives and activities. To this, Durbin asked Professor Margaret Benvignati Kwoka from Ohio State University Moritz College of Law for her opinion. Kwoka explained that courts are currently reviewing if DOGE must comply with FOIA, highlighting that agencies exercising independent authorities are typically subject to FOIA, unlike the President and advisors who adhere to the Presidential Records Act. She noted a district court's preliminary ruling suggesting DOGE is likely bound by FOIA.

Durbin also mentioned recent events, including the firing of FOIA personnel at the CDC and FDA by Secretary of Health and Human Services Robert Kennedy. Durbin cited Kennedy's statement emphasizing transparency as essential for trust in public health agencies.

Durbin inquired about the consequences of leaving FOIA departments understaffed, addressing Dr. Daniel Epstein from St. Thomas University School of Law. Epstein stated these actions should prompt agencies to make proactive disclosures, and the reliance on contractors might increase due to reduced FOIA staffing.

Durbin questioned further, implying that the administration might be willing to defy the law by withholding information. In response, Epstein said he couldn't comment on the White House's stance on FOIA, but he mentioned that federal agencies typically depend on career civil servants to handle requests.

Durbin concluded by affirming that the committee has historically addressed FOIA in a bipartisan manner, with an ongoing commitment to law compliance and strengthening.

Footage, audio, and video of Durbin’s questions during the committee hearing are available for viewing.