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"Observers say last week's events highlight the need for Congress to shine more light on the Capitol Police. American Oversight said Thursday that Congress should amend FOIA to include the Capitol Police 'to promote trust and accountability.'"

Transparency experts/advocates echo this sentiment. "There's no reason to give the Capitol Police a blanket, categorical free pass on FOIA," said Frank LoMonte, director of the Brechner Center for Freedom of Information. "We live in America. We don't have secret police."

Shortly after Kentucky's open records law was enacted in 1976, the Office of the Attorney General recognized:

"Police departments do not have the authority to act privately, confidentially or secretly." Also in 1976, the Attorney General declared, "The sovereign is a party to police actions & therefore the public has a right to inspect the records of [its] actions."

In 1980, the Office synthesized these views declaring, "Secret police activity without some overriding justification is repugnant to the American system of government"

This is a critical recognition applicable to all state and federal law enforcement agencies, then & now, though convincing some attorneys general has been — and remains — an uphill battle.

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