FOIA Under Fire: Why Military Law and Justice Depend on Open Records

10/08/2025

DOJ Bond FOIA

For service members facing courts-martial, medical retirement disputes, or appeals before military boards, one tool often makes the difference between fairness and frustration: the Freedom of Information Act (FOIA). FOIA allows attorneys to uncover critical records, everything from investigation files to medical reports, that service members need to defend their honor, protect their benefits, and ensure justice.

But a recent move by the Department of Justice (DOJ) to demand a $50,000 bond in a FOIA case has sent shockwaves through the legal community. If upheld, it could create dangerous barriers for military members and veterans who rely on FOIA for access to the truth.

Why FOIA Matters in Military Justice

  • Uncovering Evidence – FOIA requests often reveal investigative files, disciplinary records, and administrative correspondence that can prove whether a service member was treated fairly.
  • Medical and Retirement Benefits – In MEB/PEB cases, FOIA ensures access to medical evaluations and disability determinations that directly impact a service member’s career and retirement benefits.
  • Accountability – FOIA is one of the few tools that allows service members and their advocates to challenge unlawful orders, expose command misconduct, or review board proceedings.

Without FOIA, attorneys and their clients would be fighting blindly against the weight of the military bureaucracy.

The DOJ’s Bond Request: A Dangerous Precedent

The DOJ recently asked a Washington, D.C., federal judge to require a nonprofit transparency group and journalist Brian Karem to post a $50,000 bond simply to expedite a FOIA lawsuit over Trump’s Mar-a-Lago documents. If the group lost on appeal, that money would be forfeited.

For military clients, this precedent would be devastating:

  • Financial Barriers – Most service members cannot afford such sums.
  • Chilling Effect – Attorneys may be forced to advise against pursuing critical FOIA litigation due to risk.
  • Erosion of Rights – The executive branch would effectively gatekeep access to records, undermining both FOIA and judicial independence.

Why This Undermines Judicial Independence

Federal courts, not the executive branch, are entrusted to decide whether cases move forward. Forcing litigants to post large bonds because of a political directive threatens:

  • Separation of Powers – Courts must remain independent arbiters, not enforcers of executive preferences.
  • Equal Access – Justice should not depend on a litigant’s financial means.
  • Transparency – A democracy cannot function if government records are shielded from scrutiny by artificial financial barriers.

Why This Matters for Military Members and Veterans

If this approach spreads, service members could find themselves unable to access their own service records when fighting unjust actions by the military. From challenging unlawful orders to securing disability ratings, FOIA is the backbone of transparency in military law.

Blocking FOIA through financial gatekeeping would not only harm individuals, it would weaken trust in the justice system itself.

Resources and References