Seeking Accountability Amid Chaos

More on the ruling pushing Judge Cannon to move on releasing the full Jack Smith report, DHS's backtracking about text preservation, and another watchdog removed by Trump, this week at the FHFA.

Inquiriespress@americanoversight.org

Nearly a year ago, Judge Aileen Cannon imposed a gag order blocking the full release of Special Counsel Jack Smith’s report on Donald Trump’s mishandling of classified documents at the end of his first presidency. Volume II of Smith’s report still has not been released — but this week, a federal appeals court demanded that Judge Cannon take action on our motions seeking its release.

We sent the Justice Department a Freedom of Information Act (FOIA) request for the full report in January, and asked the agency to expedite its release. The DOJ failed to respond, so we sued in February.

Our motions have been fully briefed since March, but Judge Cannon has not ruled — inaction that the appeals court called an “undue delay.” The longer the public is denied access to records it is entitled, the longer accountability for Trump’s conduct is delayed.

“Transparency isn’t optional in a democracy,” our Executive Director Chioma Chukwu said. “The public has a right to know what Special Counsel Smith found, and the Justice Department cannot continue to withhold a report that should have been released nearly a year ago under federal law. By keeping this order in place, Judge Cannon is undermining both accountability and the rule of law.”

DHS Says It Gave Us “Erroneous” Info About Officials’ Texts

In August, the Department of Homeland Security (DHS) told us that it hadn’t preserved text messages since April — right when the agency began some of its most controversial actions. We sued the agency for the records we requested — including the texts of top agency officials like Secretary Kristi Noem. DHS responded to the suit by saying its previous statements were mistakes, and that the records were being preserved after all.

We revealed the government’s new assertion in court on Thursday, in a joint status report. The report included declarations from DHS, which claimed its earlier responses to our FOIAs were “erroneous.” The declarations also shed light on the agency’s general record-keeping practices.

DHS says it disabled its text-archiving system in April 2025 and now relies on individual officers to manually capture and forward their own messages — a process that federal law says must be completed within 20 days. To date, DHS has not released the records or provided evidence that they were preserved as federal laws require.

Tracking the Trump Administration’s Weaponization of FHFA

The Trump administration has been using mortgage information from the Federal Housing Finance Authority (FHFA) to target the president’s enemies. This week, the agency reportedly removed its acting inspector general, in a continuation of the administration’s pattern of firing or reassigning agency watchdogs.

Inspectors General provide independent oversight of agencies, including identifying fraud, waste, and abuse. FHFA’s acting Inspector General Joe Allen was reportedly planning to report to Congress that FHFA was not cooperating his office.

We’re suing for records to learn more about how Trump is weaponizing the FHFA.

On the Records

FOIAs Filed for Agency Records Regarding Trump’s “Antifa” Order

President Trump signed an executive order categorizing “Antifa” as a “domestic terrorist organization” earlier this year, but his administration has not named the groups it claims are involved or explained how it determined their alleged membership. We filed FOIA requests with the DOJ and FBI for more information.

We asked the agencies to identify all groups they’ve labeled “Antifa,” and to explain how they define “Antifa” and identify its members. We also asked for any guidance or directives the agencies have received regarding Trump’s executive order.

Is the Trump Administration Violating the Hatch Act During the Shutdown?

Banners have recently appeared on multiple government websites blaming the shutdown on a particular political party. That could be a violation of several laws, including the federal Hatch Act, which limits the political activity of government employees.

We sent FOIA requests to multiple agencies for records regarding their website banners and policies surrounding employees’ political activities.

American Oversight in the News

To preserve records, Homeland Security now relies on officials to take screenshots (New York Times)
Appeals court finds ‘undue delay’ in Cannon’s handling of litigation over Jack Smith report (MSNBC)
Judge Cannon ordered to get moving on Jack Smith’s Trump report (The New Republic)
Georgia State Election Board member raises money online for legal defense (Atlanta Journal Constitution)