America First Legal (AFL) has initiated a lawsuit against the U.S. Government Accountability Office (GAO), aiming to uphold the President's constitutional authority to remove executive officers. This case is described as a first of its kind, challenging what AFL perceives as GAO's unconstitutional overreach.
The legal action stems from a Freedom of Information Act (FOIA) request filed by AFL on December 12, 2022. The request sought transparency regarding operations at the U.S. Department of Health and Human Services’ Office of Refugee and Resettlement. However, GAO denied this request, stating that "as an agency responsible to the Congress, GAO is not subject to the Freedom of Information Act."
In response, AFL appealed GAO’s denial in July 2024, arguing that GAO should be subject to FOIA requirements. Despite this appeal, GAO maintained its stance in August 2024, reiterating its exemption from FOIA obligations.
AFL contends in its lawsuit that GAO qualifies as an "executive agency," led by executive officers who exercise executive powers. According to AFL’s interpretation of relevant statutes under 5 U.S.C., they argue that GAO fits within definitions applicable to entities subjected to FOIA.
Dan Epstein, Vice President of America First Legal, emphasized the importance of accountability: “FOIA exists to ensure that unelected bureaucrats are subject to some form of public accountability." He highlighted changes in GAO's role since its inception and questioned statutory limits on presidential authority concerning firings within the agency.
This legal challenge seeks clarity on whether or not the GAO must comply with FOIA requests as part of broader efforts by AFL to protect executive branch powers.