Pentagon Proposal Seeks New Powers to Block Public Records Access

The proposed rule change, submitted in late June as part of a budget package, would grant the Secretary of Defense authority to withhold 'controlled unclassified information' (CUI) from the public. While current law limits FOIA exemptions to specific categories like classified intelligence or sensitive internal communications, this expansion would permit officials to suppress documents—including investigation reports and rules of engagement—under the broad rationale that national security risks outweigh public interest.

Critics warn this move provides a rubber stamp for administrative secrecy. Adam A. Marshall of the Reporters Committee for Freedom of the Press described the potential impact as disastrous, noting that CUI is already an overly expansive category. Clayton Weimers, executive director of Reporters Without Borders North America, pointed out that the Pentagon already possesses sufficient authority to protect genuine secrets, suggesting this push is a deliberate attempt to evade public accountability regarding nearly one trillion dollars in taxpayer funding.

The department has already shown a marked decline in transparency under Secretary Pete Hegseth. Records indicate that in 2025, the Pentagon took 30% longer to process complex FOIA requests compared to the previous year, with full disclosures dropping to just 17%. As the administration has restricted press access and withheld details regarding military injuries in the Middle East, watchdog organizations argue that granting the Secretary final say over disclosure will prioritize political image over public oversight.