I think Lizden's point in Penn State's inquiry into the accusations against Michael Mann relating to the CRU e-mail purge sums it up nicely:
"Dr. Lindzen acknowledged that prior to publication, scientists may have a
variety of reasons to keep things confidential, but after publication "there's an obligation
to explain exactly how you got them, especially if they're controversial."
Once again "there's an obligation to explain exactly how you got them, especially if they're controversial".
Claiming that the information is out there for anyone to transform the data themselves is unbecoming of any scientist who respects the tenets of scientific inquiry. If they have a proof -- then prove it. Nobody should be made to jump through hoops in an attempt to mimic scientific discoveries funded by public money. That is exactly why they're being funded in the first place.
Provide YOUR data (including pre-processing techniques, geographic and temporal information) , provide YOUR code, provide YOUR "x,y,z" in order to back the claims YOU'RE making.
I'd hate to think that we'd give scientists absolute impunity in the inquiry process by allowing them to claim "the information is out there if you're interested in checking the validity of my statements." Why not make it easy on everyone and just provide that information as used in the experiments from which you've stated your conclusions (raw data, process, experiments, code/algorithms, assumptions, certainties, etc)?
If people are willing to accept the "find it if you want it" mentality, then what we're talking about here is something quite different than traditional scientific discovery. And to be blunt, McIntyre wouldn't have had to file FOIA requests if the information was being disseminated properly -- specific to the claims being made.
Reassigning blame to McIntyre for the hawkish nature of the AGW establishment is unbecoming. We can disagree on the science itself, but we should all agree on the process.
My last point: There is such thing as an FOIA "abuser" but not in the context you aim to use it. The law was put in place to insure information was shared as a response to this type of suppression. Suppressing data is an abuse of the FOIA and partaking in such behavior might classify one as an "abuser" (if we're to resort to the lowest common denominator by calling people names).
Requesting data is protected by FOIA. Making repeated requests after being denied or thwarted from securing such data is a State given right.
Had the information been openly shared, the number of requests could have been decreased (on an exponential scale?).