Attorney General Nominee Michael Mukasey’s written answers to Senate Judiciary Committee questions provide insight, although not necessarily encouragement, into the future of FOIA responses under a Mukasey-run Justice Dept. The following is a question submitted by Senator Lindsey Graham (R-SC), followed by Judge Mukasey’s written answer:
10. Do you support the long-standing position of the Bureau of Alcohol, Tobacco, Firearms and Explosives (also strongly supported by the Fraternal Order of Police), enacted for the past several years as a rider to ATP appropriations bills (the "Tiahrt Amendment"), that prohibits release of firearms trace information other than for use in bona fide criminal investigations
ANSWER: Yes. Making such information available without restriction could compromise the effectiveness of law enforcement investigations and pose additional related concerns.