Polygraph

The Department of Health and Human Services (HHS) does not respond to Freedom of Information Act (FOIA) requests.

Posted by All In with Chris Hayes, Checked

Polygraph verdictFalse
Sources
1 contradict1 support1 context
Said
1 time·
Confidence
82%
All In with Chris HayesSep 19, 2026
View on Podcast ↗
Video frame
44 claimsThe check →

The claim that HHS does not respond to FOIA requests is contradicted by HHS's own FY2026 Chief FOIA Officer Report, which reports FY2025 request volumes and a backlog share, meaning requests are received and processed.

This claim is about the present, so it is judged as of the day it was checked.

What was said

… And so I've been banned from those events. But it's not just the children's health defense. Things also, you know, I have called HHS. I have written HHS. I have we try to get information from HHS. When you send a FOIA to HHS, it goes into a a vacuum, goes into a wasteland. Nobody responds. You don't hear anything back. Like they are not. And what's a joke is that you see so much from Kennedy saying This is the most transparent HHS of all time, and it's just absolutely not. It's a secret black box where all data is denied. …
All In with Chris Hayes · · from the transcriptPost →

What we found

Contradicts. HHS's 2026 Chief FOIA Officer Report states that backlogged requests made up 33% of the total requests HHS received in FY 2025, which implies that most requests were processed rather than ignored.[2]

Contradicts. HHS's 2026 Chief FOIA Officer Report sets measurable FY 2026 actions, including reducing the overall FOIA backlog by at least 5%, showing an active processing program rather than a non-responsive one.[2]

Supports. The Code of Federal Regulations establishes the rules HHS follows in handling FOIA requests, including how much time it should take to make a release determination, which describes a functioning response process.[3]

Context. The Reuters piece cites Justice Department data on record FOIA volumes (nearly 1.2 million requests in FY2023) and low full-grant rates government-wide, but the figure is garbled and does not address HHS specifically, so it does not support the claim.[1]

Context. The speaker's claim that requests go into a 'vacuum' reflects a complaint about responsiveness or delay, and the sources do not show an absence of responses; the extracted absolute wording 'does not respond' overstates the passage.[2][3]

Sources

3 sources: 1 fact-checker, 2 primary

  1. 1In the US, information gets less freereuters.com · fact-checker · cited for: context
  2. 22026 Chief FOIA Officer Report - Section 5 - HHS.govhhs.gov · primary source · cited for: contradicts, context
  3. 3Code of Federal Regulationsnih.gov · primary source · cited for: supports, context

Where this claim was made

Said in 1 published post

How Polygraph checks a claim

Our Weekly Newsletter

The Readout

The week's most-shared posts, checked. What they claimed, how they argued, and what held up.

Unsubscribe any time. See our privacy policy.