The Functional Government Initiative (FGI) has raised concerns regarding the handling of a Freedom of Information Act (FOIA) request by the Office of Science and Technology Policy (OSTP). According to a press release from FGI, documents related to potential discussions about invoking the 25th Amendment were transferred to the National Archives before being processed.
According to FGI, on October 25, 2024, a FOIA request was submitted to several cabinet-level agencies, including OSTP. The request sought communications concerning the 25th Amendment due to concerns over President Biden’s performance and potential discussions about his removal from office. The request specifically targeted OSTP Director Arati Prabhakar, Principal Deputy Director Kei Koizumi, and Chief of Staff Asad Ramzanali.
FGI received an acknowledgment of their request on October 30, 2024. However, they did not receive further communication until February 19, 2025. FGI said that OSTP responded by saying no records were found because they had been transferred to the National Archives and Records Administration (NARA). FGI questioned this response, emphasizing that OSTP should have addressed the FOIA request before transferring documents.
"The first question I have is whether this is the result of incompetence, negligence, or willful obstruction," said FGI spokesman Roderick Law. "If it is willful obstruction, was it meant to frustrate FOIA requesters, the incoming Trump administration, or both? Have other requesters received the same response? Given the contempt for transparency shown by other Biden administration agencies, the real question is ‘What are they hiding?’" Law added.
The Functional Government Initiative is a nonpartisan organization dedicated to increasing public awareness of government officials' decisions and priorities. Through investigative research, litigation, and education efforts, FGI aims to promote transparency and accountability in governance. The group advocates for policies supporting economic growth, public health, workforce stability, and environmental safety, according to its website.