Armed federal agents recently arrested Dr. David Morens, a 78-year-old retired government scientist, strip-searched him, and charged him with crimes that could carry decades in prison — all for allegedly using his personal email to try and evade Freedom of Information Act requests.

But the Justice Department has, for decades, largely taken a hands-off approach to enforcing FOIA. When it has enforced the law, it’s usually landed in civil rather than criminal court. The DOJ has almost never treated FOIA evasion behavior as a crime — at least until now.

If evading FOIA is now a crime, it must be enforced evenly. Otherwise, the transparency law risks becoming what it was meant to prevent: a tool that, when applied selectively, only serves the powerful.

theintercept.com