The Washington Post's first Freedom of Information Act director explains how to find important information

Image by Marissa Vonesh, The Washington Post

Nate Jones of The Washington Post reveals how he finds the materials others don't want found in his "Revealing Records" series. Below is an excerpted version of his first installment.

"Few things make a journalist happier than receiving a manila envelope full of internal government records. These days, a large email attachment is pretty good, too.

"As the Post's first Freedom of Information Act director, I work to ensure that our entire newsroom receives as many of those envelopes and email attachments as possible. Those documents have helped us publish stories that have exposed government waste and wrongdoing, and led to congressional hearings and new laws. Successful requests take strategy, creativity and a tenacity for overcoming bureaucratic resistance. Now, I'm writing a periodic column about how I do it.

"The federal Freedom of Information Act is one of a reporter's most powerful tools. Commonly known as FOIA, this law requires federal agencies to release records to the public upon request — unless the records are exempt for privacy, national security or other reasons. Each state also has its own version of the federal law that applies to state and local governments. When agencies refuse to produce the records, the laws allow those making the requests to sue.

"Unfortunately, the Post has had to turn to the courts to force state and federal agencies to follow FOIA laws. As a newly barred attorney, I research the chances of succeeding in a lawsuit, then work with The Post's legal counsel and outside lawyers to file a suit.

"Generally, the Post only sues when we believe we can make a strong case. When we do prevail, the agencies often have to pay our attorneys' fees. That is a cherry on top of any records the agencies are ordered to produce. 

"More often, we are able to use public records laws to obtain documents without going to court. After Osama bin Laden was killed in 2011, many people saw the famous photo of President Barack Obama and his aides tensely watching the raid on bin Laden's compound, one of just nine photos taken by the White House photographer that day and released on the official Flickr page. But I wanted to see what else was photographed that day, including pictures that might counter the official White House narrative.

"The Freedom of Information Act doesn't apply to records of presidents still in office. . . . At the time of the bin Laden raid, Obama was running for reelection. If he won, I would have to wait until 2017 to start the five-year clock to request his presidential records. So I marked my calendar. . . . On Jan. 20, 2022, five years to the day after Obama left office, I filed a slew of requests — including one for all official White House photographs taken the day bin Laden was killed. . . .After a year, the National Archives processed the request and provided a 161-page PDF of thumbnails and file names for all White House photographs taken between May 1 and 3, 2011. . . . These photographs — like all internal government records — are powerful because they help reveal what actually happened within our government, not just the view officials want to present.

"These manila envelopes and email attachments do not always come easily. Post reporters are constantly thinking and inquiring about the government documents behind public statements and official actions. I've helped them file requests for records in the federal government and every U.S. state, district and territory. Without public records laws, they would not be able to tear open the envelopes, download the attachments and share the stories of the documents within."