FOIA Advisor

Court opinions issued May 21, 2026

Court Opinions (2026)Allan BlutsteinComment

Heritage Found. v. DOJ (D.D.C.) -- granting in part and denying in part former President Biden's motion to intervene in FOIA suit seeking Special Counsel recordings and transcripts of conversations between Biden and his ghostwriter/biographer, where DOJ abandoned its prior position opposing disclosure and left no party to adequately represent Biden’s privacy interests; granting intervention to oppose production of the materials to plaintiffs, but denying intervention as to cross-claims challenging a separate planned disclosure to the House Judiciary Committee on grounds that an intervenor may not inject issues not already before the court by another party.

Stevens v. HHS (N.D. Ill.) -- denying cross-motions for summary judgment on adequacy of search where HHS's declarations were insufficiently detailed to allow meaningful review of its searches for position announcements, work product, and travel records related to a former HHS employee now serving in Congress, and where CBP's search of tens of millions of documents had been narrowed to only 5,766 pages using a single search term without applying plaintiff's proposed narrowing parameters; ordering CBP to apply specified search terms to documents under 100 pages from 2019 only across multiple offices, while reserving for trial disputes over the adequacy of searches in various offices, CBP's withholdings, and whether the narrowed search would still be unduly burdensome.

Summaries of published opinions issued in 2026 are available here. Earlier opinions are available for 2025, 2024, and from 2015 to 2023.

Court opinion issued May 18, 2026

Court Opinions (2026)Allan BlutsteinComment

Mora v. U.S. Customs & Border Prot. (D.D.C.) -- granting defendants' motion for summary judgment and denying plaintiffs' motions for class certification and discovery in a case brought by immigration attorneys and individuals alleging that CBP maintained a policy or practice of failing to make timely FOIA responses; ruling that CBP's backlog resulted from "exceptional circumstances" rather than an unlawful policy of treating statutory deadlines as non-mandatory; rejecting plaintiffs' argument that the backlog surge between FY 2023 and FY 2024 demonstrated “mismanagement”; finding that agency declarations attesting to various remedial measures were entitled to a presumption of good faith that plaintiffs' “speculative” discovery requests failed to rebut; and declining to follow two decisions from the Northern District of California that applied the Ninth Circuit’s different policy-or-practice test.

Summaries of published opinions issued in 2026 are available here. Earlier opinions are available for 2025, 2024, and from 2015 to 2023.

Court opinion issued May 14, 2026

FOIA News (2026)Allan BlutsteinComment

Alper v. DOJ (D.D.C.) -- granting in part and denying in part plaintiff's renewed motion for summary judgment in a case where a death-penalty defense attorney sought FBI records relating to the murder conviction of a death-row inmate; ruling that the public interest in corroborating a death-row inmate's innocence claim outweighed the privacy interests of: (1) FBI agents who authored a 1997 memorandum concluding prosecution of Johnson was "highly unlikely" for lack of evidence; (2) private individuals named in documents related to a witness who pointed to an alternative suspect; and (3) hotel guests whose FBI witness statements corroborated Johnson's innocence where matching names to statements would advance the innocence claim; ordering disclosure of all three categories; and denying reconsideration of the court's prior Exemption 5 ruling protecting five FBI-DOJ attorney-client communications, but ordering the FBI to conduct a more detailed segregability review to determine whether any non-privileged strategic content was disclosable.

Summaries of published opinions issued in 2026 are available here. Earlier opinions are available for 2025, 2024, and from 2015 to 2023.

FOIA News: This and that

FOIA News (2026)Allan BlutsteinComment

Jobs, jobs, jobs: . . . And Justice for All

Jobs jobs jobs (2026)Allan BlutsteinComment

Gov’t Info. Specialist, Dep’t of Def./Sec’y, GS 14, Alexandria, VA, closes 5/13/26 (non-public).

Gov’t Info. Specialist, Dep’t of the Air Force, Maxwell AFB, AL, closes 5/15/26 (non-public).

Sup. Att’y-Advisor, Dep’t of Justice/OIP, GS 15, Wash., DC, closes 5/24/26 (public).

Att’y Advisor, Dep’t of Justice/OPR, GS 14-15, Wash., DC, closes 6/2/26 (public).

Att’y-Advisor, Dep’t of Justice/OIP, GS 13-14, Wash., DC, closes 6/5/26 (public).

FOIA News: Federal jury convicts Alexandria man on charges relating to the deletion of U.S. Government databases

FOIA News (2026)Kevin SchmidtComment

Federal jury convicts Alexandria man on charges relating to the deletion of U.S. Government databases

U.S. Attorney's Office, Eastern District of Virginia

May 7, 2026

A federal jury convicted Sohaib Akhter, 34, of Alexandria, today on charges of conspiracy to commit computer fraud, password trafficking, and possession of a firearm by a prohibited person.

According to court records and evidence presented at trial, Sohaib Akhter, and his twin brother and co-defendant, Muneeb Akhter, worked for a Washington, D.C., company that provided software products and services to more than 45 federal government agencies and hosted data for some federal government clients on servers in Ashburn. On Feb. 1, 2025, Muneeb Akhter asked Sohaib Akhter for the plaintext password of an individual who submitted a complaint to the Equal Employment Opportunity Commission’s (EEOC) Public Portal, which was maintained by the Akhters’ employer. Sohaib Akhter conducted a database query on the EEOC database and then provided the password to Muneeb Akhter. That password was subsequently used to access that individual’s email account without authorization.

Read more here.