Daily Herald opinion: ‘Toxic to our democracy’: Musk’s FOIA claims keep Americans in the dark

White House resistance to the Freedom of Information Act goes back to its earliest days.

President Lyndon B. Johnson, a Democrat, was no fan of FOIA, enacted in 1966. And while he signed it into law, he refused to do so in public.

A few years later, Republican President Gerald Ford vetoed amendments, added in the wake of the Watergate scandal, designed to strengthen the act. Congress, however, voted to override the veto, building on an important tool in ensuring government transparency and accountability in the decades that followed.

Yet now, Elon Musk — heading up President Donald Trump’s Department of Government Efficiency — has taken the position that he is not subject to FOIA.

Federal law says otherwise, and for good reason: The act is essential to an informed society, a cornerstone of democracy. And a federal judge last month agreed, saying DOGE is likely subject to disclosure laws and ordering the agency to turn over documents to Citizens for Responsibility and Ethics in Washington, a group that sued seeking access.

So far, no documents have been released, according to the group.

Earlier this week, Illinois Sen. Dick Durbin delivered an opening statement during a Senate Judiciary Committee hearing on FOIA, emphasizing how vital it is to our system of government.

“Federal agencies work for the American people, and the American people deserve to know how their tax dollars are being spent,” Durbin said. “Under FOIA, any person can demand answers from their government. No matter how large or powerful an agency, when a person properly requests records through FOIA, the federal government must comply.”

There are exceptions, including information classified to protect national security and issues involving the privacy of personnel. But the potential to have government’s dirty laundry aired remains a powerful check on abuse and, we would hope, a deterrent to those tempted to betray the public’s trust.

“Because FOIA exists,” Durbin added, “agencies are mindful of their responsibilities to the public — government officials know, through FOIA, information about their activities and decisions will not remain hidden forever.”

The Trump administration has boasted of “billions” in waste discovered by DOGE and blasted the media for not doing more to highlight their success. However, if Musk is doing exactly what he claims, he should have no problem allowing Americans to see for themselves.

Thursday, for example, DOGE made startling claims on X — a platform owned, of course, by Musk — about discovering millions in unemployment insurance fraud. Without FOIA, there is no way to verify that. We simply have to take Musk at his word.

In light of concerns about Musk’s unchecked actions thus far — notably moves to access Americans’ personal data and mass firings of federal employees — scrutiny becomes even more essential.

In fact, the firings included the elimination of jobs related to the granting of FOIA requests, an effort that Durbin rightly labeled “toxic to our democracy.” One scary example: Officials at the Department of Health and Human Services got rid of several offices that handled Freedom of Information Act requests, including those at the Centers for Disease Control.

As taxpayers, we want government leaders to root out waste and eliminate fraud. Officials in Washington, and those closer to home, owe it to taxpayers to examine expenses, identify inefficiencies and look for ways to save taxpayers money.

But in doing so, they must be held accountable. They must honor the transparency mandated by FOIA. And they must follow the law.