Freedom of Information Act in the US History

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Table of Contents

Introduction
History
Summary

Introduction

According to the legislation of the United States, official authorities are obliged to disclose information (partially or fully), which is under control of the US government, if it is requested by the public. Initially this act of legislation was adopted by President Lyndon Johnson, but it underwent certain changes with time passing (actually, it was amended several times: in 1996, 2002, and 2007).

History

As it has already been mentioned every citizen of the country (or a public body) is entitled to gain free access to the information. However, there are always some restrictions. For example, the government does not have right to disclose information, if such disclosure can have detrimental effects on the national interests. In addition to that, the data cannot be revealed if it contradicts the rules, established in the particular agency. That is the point that I would like discuss and analyze. The main problem is that such non-committal formulation practically gives officials a very plausible excuse for concealing some data or facts.

It is worth mentioning that the official (or officials) must give specific reasons for not disclosing information. However, in the overwhelming majority of cases, such reasons can be very obscure. The act also states that, a person, who has filed the request, is entitled to appeal against this decision.

Probably, it would be better to show how this procedure works. For example, I am looking for information, which is considered publicly available. It has no connection to my studies; it is not the part of course requirements. I would like to find more details regarding the assassination Martin Luther King.

As it is widely known, he was murdered in Memphis 1968. His alleged murderer was James Earl Ray. It is worth mentioning that members of King Family believe that this person was just a scapegoat, who was simply framed. In addition to that, they state that the investigation itself was not thorough enough. Certainly, they do not explicitly state that it was a government conspiracy, but the message is that people involved might have connection to the official authorities. Therefore, I can analyze the consequences of FOIA by making some inquiries about this highly controversial case.

The persona of James Early Ray still needs thorough analysis. It is necessary to take into consideration that he was arrested only after two months from King’s assassination, (which is a considerable amount of time, especially considering the sensitivity and urgency of the case).

Moreover, his reputation of an old offender could be very suitable for the police to make him prime suspect. James Ray was actually on the run, when the assassination took place (it seems highly improbable that a runaway convict could venture to kill such a prominent figure as Martin Luther King, knowing that he was already wanted by the police).

Additionally Ray attempted to escape from the country, which was a very foolish thing to do if he had been the murderer. It would have been easier to stay in the United States. The fact that he pled guilty does not actually prove anything. James Ray knew that confession (false or true) had been the only way for him to escape capital punishment. Besides, after a while he renounced this confession.

Another issue that should be discussed is the allegations of James Lloyd; who claimed that there was some kind of conspiracy. According to him, this conspiracy involved some members of the US government. Naturally, his testimony was investigated and subsequently refuted. This case was officially closed in 2000, it is still of great interest to the public. Naturally, I cannot say that this case is a sealed book. Some information can be found even on the Internet. For instance, if one enters the site of the United State Department of Justice, he or she will find a wide scope of materials, concerning this case, like for instance, the analysis on James Lloyd’s and all Wilson’s allegations.

The inquiries, I would like to make concern the evidence, which prove that James Earl Ray was involved in the assassination. The main problem is that I have only found identikit of the alleged murder, (which only slightly reminds James Ray). The only thing, which can possibly connect Ray with the case, is the murder weapon. It is never mentioned whether it was found or not. It is widely believed that it was a rifle. Moreover, I intend to find out how the police proved the connection between the rifle and Mr. James Earl Ray.

For that reason, I have filed a FOIA request to the United States Department of Justice. That is where I have faced with some bureaucratic difficulties. The answer that I have received is that the case was barred by the statute of limitations; therefore, it would take a considerable amount of time to recover the files. Additionally, I was asked to state the purpose of my inquiry. When I told it was just private curiosity and the intention to get insight into this complicated case, I was faced with some kind of surprise, as though it was something out of ordinary. I was politely asked to wait although the exact date was not stated.

To be frank enough, I cannot say the US Department of Justice was very helpful. First, I had to wait until I could speak to the person who had the authority to reveal the information. Secondly, the FOIA officer did not tell me how long it would take to recover the documents, which was the most disturbing thing. The officer told me, that he would need to send my request to the head of his department, and he would decide whether these records could be disclosed partially or fully. I had to call several times , because no one actually informed whether my request had been scrutinized or not. Finally, when I had phoned them at least six times, the FOIA officer that the information could be disclosed only partially, he referred to some privacy laws. It should be mentioned that relatives of Martin Luther King do not object to these records being revealed to the public. The officer told me that I could receive these documents only in two weeks. However, I have not yet obtained any information, though the deadline has already expired.

Summary

Finally, I would like to say that, a person who is not familiar with the peculiarities of the bureaucratic procedure may find it very difficult, to file a FOIA request, especially if he or she does not represent any public institution, like for instance college, university or any media group. It seems to me that this procedure should be simplified.

Copy of the request, sent to the Department of Justice.

Dear FOIA officer,

According to Freedom of Information Act, I am asking for access to the materials regarding the assassination of Dr. King. In particular, I would like to look through the evidence, proving the involvement of James Earl Ray. I do not represents, any public organization or educational institution. The purpose of this request is the intention to draw my own unbiased conclusions as to this issue.

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Freedom of Information Act in the US History

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