White House is foiling FOIA - Requiring that documents requested by Congress be sent to White House first. Entirely Illegal.
There are two problems with the unprecedented White House review that the Obama administration has instituted. The first is that it takes forever. White House lawyers can simply sit on a subpoena until a year or two have gone by, and the potentially embarrassing issue has been forgotten. But the second problem is still more diabolical. The White House is not subject to the Freedom of Information Act. This means that if White House lawyers decide to cover up an Obama scandal by shredding documents that make the administration look bad, no one–no reporter, no Congressional committee, no private citizen–can serve a request that requires the White House to disclose what documents it destroyed. So adding a layer of White House lawyer review to the production of any sensitive documents–those with “White House equities”–means that inconvenient information may sink without a trace. We have no way of knowing how often this has happened over the last five years.
Which is, of course, exactly the way the least transparent administration in history wants it.