Tell our readers a little bit about your professional background.
I started my career in the big law firm world before transitioning to the government, where I worked at the Department of Homeland Security. I then went back to the private sector before landing at the Cause of Action Institute, where I’ve spent nearly 6 years. At CoA, I have focused on regulatory and administrative litigation.
When did you first encounter the FOIA? Was it at DHS or in the private sector?
I first encountered FOIA at DHS, where I worked at the TSA Chief Counsel’s Office and at DHS OGC. My dealings with FOIA back then were primarily collateral and included searching my own records in response to requests. One of the notable experiences I had was reviewing records pertaining to Hurricane Katrina, which were then in high demand by both FOIA requesters and congressional committees.
I know you have submitted a number of requests on behalf of Cause of Action Institute. Have you enjoyed being a requester instead of a government responder? Which requests stand out to you or are memorable in some respect?
In some respects, I’ve enjoyed being a requester; it’s a lot easier to receive documents than to do the work of producing the documents. I’ve been requesting records based on the needs of clients or the concerns of my organization, so we’re really interested in the responses. On the other hand, it is often frustrating waiting for responses that are not forthcoming, or getting responses that seemed lacking in certain respects.
One request in particular stands out. We discovered that the IRS was not preserving instant messaging records in accordance with the Federal Records Act. In order to confirm this was true, I crafted a FOIA request seeking instant messaging records of a handful of agency officials over a discrete period of time. We assumed that such records would not have been preserved. This assumption proved correct when the IRS responded that it deleted all such messages after a 14-day period. We were then able to use this response as part of a lawsuit seeking to compel the IRS to properly preserve instant messages. After we sued, the IRS agreed to start preserving messages in accordance with the law.
If you could change one thing about the FOIA statute, what would it be and why?
Just one? In truth, I think the whole system is broken. I would be willing to extend the government’s response deadline. The government has only so many resources to put toward FOIA and extending the deadline might eliminate some wasteful litigation.
If the federal government would release any records you requested, what would you ask for and why?
I could give you a cliched answer about the Roswell files or something along those lines, but I don’t believe in aliens or conspiracies regarding aliens. Since you’ve pressed me on this, I’d say the complete file regarding the St. Louis, a ship full of European Jews refused entry into the United States during World War 2.
Where were you born/grow up? How has it changed since you were a kid?
Silver Spring, Maryland. It seems like a more diverse place than when I was a kid. Downtown Silver Spring in particular has undergone a transformation, with such venues as the AFI theatre and the Fillmore concert hall. We rarely had a reason to venture downtown growing up.
What was your first job ever? What did you like or not like about it?
Probably delivering newspapers as a kid, but I don’t remember that job very well. My first professional job was as a college summer intern for the U.S. Attorney’s Office in Washington. DC. I enjoyed working with the AUSAs and sitting in on some trials. This was a volunteer position, so I did not enjoy working for free.
If you could meet any historical icon, of the past or present, who would it be and why?
I’ll give you two. First, the biblical Moses. So many questions I’d want to ask him, like how bad was that frog plague? The second would be Rembrandt van Rijn. I’d complain to him that he was responsible for my parents dragging my siblings and me to every art museum in Amsterdam when I was 7 years old.
If you could watch only one movie again, which one would it be and why?
That’s tough. Perhaps Back to the Future, which is almost a perfect movie. Recalls my youth (the 80s. not the 50s) and also holds up remarkably well.
What occupation other than your own would you like to attempt? Which occupation would you not like to attempt?
Something in the professional sports world. Running a baseball team would be great! I really admire people who can build things and work with their hands, like construction workers, but I would not want to work outdoors subject to the elements. Fortunately, I have no skills in that department.
What natural gift would you like to possess?
The ability to hit a baseball like Aaron Judge.