The Freedom of Information Act, signed into law in 1966, establishes a presumption of openness in the federal government. Any person -- not just citizens, any person -- has the right to request records from any federal agency. The agency is required to respond within 20 business days.
That is the theory. The practice is different.
In fiscal year 2023, federal agencies received over 900,000 FOIA requests. They fully granted approximately 40 percent. They partially granted (meaning they released some documents with redactions) about 27 percent. They denied or did not process the remainder. The average processing time for complex requests exceeded 120 days at many agencies. At the FBI, the median processing time for certain categories of requests exceeded two years.
The system is designed to exhaust you. Understanding how it works -- and how to work it effectively -- is one of the most valuable skills a citizen investigator can develop.
What FOIA Covers (and What It Does Not)
FOIA applies to federal executive branch agencies. This includes the FBI, CIA, DEA, DOJ, Department of State, Department of Defense, IRS, and all other federal agencies and departments.
FOIA does not apply to:
- Congress (the House and Senate maintain their own records systems)
- Federal courts (court records are accessible through PACER and court clerks)
- State and local governments (these are covered by state-level open records laws, which vary widely)
- The President's immediate staff (though the Presidential Records Act covers post-administration records)
- Private companies (even those with government contracts)
For cold case investigation, the most commonly requested agencies are the FBI (case files, surveillance records), the DOJ (prosecution records, internal memos), the State Department (travel records, diplomatic communications), and local law enforcement (through state-level equivalents).
How to File an Effective FOIA Request
The single most common reason FOIA requests fail is that they are too broad. Agencies will use overbreadth as a reason to delay or deny processing. The key is specificity.
Be Specific About What You Want
Bad request: "All documents related to Jeffrey Epstein." This could encompass millions of pages and will be immediately flagged as unreasonably broad.
Good request: "All FBI 302 interview reports generated between January 1, 2005 and December 31, 2008 in connection with investigation number [specific number] or subject Jeffrey Edward Epstein, DOB January 20, 1953." This is narrow enough to process and specific enough that the agency cannot claim confusion about what you want.
Include Identifying Details
Full names, dates of birth, case numbers, addresses, and date ranges all help the agency locate responsive records. The more precisely you can identify what you are looking for, the faster and more completely the agency can respond.
Request a Fee Waiver
FOIA allows agencies to charge fees for search, review, and duplication. However, fee waivers are available when the request serves the public interest. To qualify, your request must meet two criteria:
- The information is likely to contribute significantly to public understanding of government operations
- The requester does not have a commercial interest in the disclosure
In your fee waiver request, explain who you are, how you intend to use and disseminate the information, and why it serves the public interest. Journalists, researchers, and nonprofit organizations routinely receive fee waivers.
Specify Your Preferred Format
Request electronic copies when possible. This is usually faster and cheaper than paper. If you need documents in a specific format (PDF, native format, etc.), say so in your request.
Common Stall Tactics and How to Counter Them
Federal agencies have developed a sophisticated playbook for delaying FOIA compliance. Here are the most common tactics and how to respond.
The "complex request" designation. Agencies often classify requests as "complex" to move them into a slower processing queue. If your request is narrow and specific, challenge this designation in writing and ask for an explanation of why it qualifies as complex.
The "no responsive records" response. This is sometimes legitimate and sometimes evasive. If you believe records should exist, ask the agency to confirm which record systems were searched. Follow up with a more specific request targeting those systems.
Excessive redactions. If you receive documents that are heavily redacted, the agency must cite a specific exemption for each redaction. Request a Vaughn index -- a document-by-document explanation of what was withheld and why. This is your right under the law, and agencies frequently over-redact because they assume requesters will not challenge them.
The non-response. If an agency simply does not respond within the 20-day statutory period, you have the right to file an administrative appeal. If the appeal is also ignored, you can file a lawsuit in federal district court. The agency will often begin processing your request once litigation becomes a possibility.
The Appeal Process
Administrative appeals are free and do not require a lawyer. If your request is denied in whole or in part, you have the right to appeal to the agency's FOIA appeals office. In your appeal:
- Reference your original request number and the agency's response
- Explain specifically what you are challenging (the denial, the redactions, the fee assessment)
- Cite the legal standard the agency failed to meet
- Request that the appeal be processed expeditiously
The appeal success rate is not trivial. According to DOJ data, agencies modify their initial determinations on appeal roughly 25 to 30 percent of the time. This means that for every four appeals, one results in additional documents being released.
State-Level Open Records Laws
Every state has its own version of FOIA, often called an open records act, public records act, or sunshine law. These laws vary significantly:
- Texas requires agencies to respond within 10 business days and has strong penalties for noncompliance
- New York (FOIL) has a 5-day acknowledgment requirement and allows appeals to the Committee on Open Government
- California (CPRA) requires response within 10 days and covers a broad range of state and local agencies
- Florida has some of the broadest sunshine laws in the country, with most government records accessible upon request
For cold case investigation, state-level requests are often more productive than federal requests because local law enforcement holds the case files. Research your state's specific law before filing.
Tools That Make FOIA Easier
MuckRock (muckrock.com) is a nonprofit that helps people file, track, and share FOIA requests. They provide templates, handle the filing process, and publish released documents publicly. Their database contains over 100,000 completed requests that you can search before filing your own -- someone may have already requested what you need.
FOIA.gov is the federal government's centralized FOIA portal. You can submit requests to most federal agencies directly through the site and track their status.
DocumentCloud is a platform for uploading, annotating, and sharing documents. If you receive a large document release, DocumentCloud makes it easy to organize and share the materials with other investigators.
The FOIA Project (foiaproject.org) tracks FOIA litigation and provides data on agency compliance rates, processing times, and exemption usage. Use it to understand how your target agency typically handles requests.
Start Filing
The most important thing about FOIA is using it. Every request, even if partially denied, generates a record. Every appeal forces the agency to justify its decision. Every document released adds to the public record.
The government does not volunteer information. It releases information when compelled to by citizens who exercise their legal rights. That process is slow, frustrating, and deliberately opaque.
File anyway. Appeal the denials. Share what you receive. The records exist. They belong to the public. And the only way they see daylight is if someone asks for them.