FOIA Advisor

Allan Blutstein

FOIA News: Requests and backlogs increased in FY 2024

FOIA News (2025)Allan BlutsteinComment

Federal agencies received 1,501,432 FOIA requests in fiscal year 2024, according to data now available on FOIA.gov. This represents a 25 percent increase from FY 2023, when agencies received a total of 1,199,699 requests. Although agencies were able to process 1,499,265 requests in FY 2024, the number of backlogged requests at the end of the fiscal year was 30 percent higher than at the end of FY 2023 (267,056 vs. 200,843, respectively).

Other items of note:

  • Agencies received 20,115 appeals, up 39 percent from 14,443 in FY 2023, and they processed 18,575 appeals.

  • Backlogged appeals climbed 10 percent from 4,893 (FY 2023) to 5,382 (FY 2024).

  • Total processing costs ($601 million), litigation-related costs ($55.39 million), and fees collected ($2.43 million), were about the same as FY 2023 figures: $610 million, $49 million, and $2.33 million, respectively.

  • Total number of full-time FOIA staff increased from 4,844 in FY 2023 to 6,064 in FY 2024.

FOIA News: Top 10 targets for FOIA requesters in FY 2024

FOIA News (2025)Allan BlutsteinComment

The Department of Justice has uploaded FOIA data reported by agencies for fiscal year 2024. Below are the agencies that received the most FOIA requests descending from one to ten.

  1. DHS: 911,535 requests

  2. Justice: 132,527

  3. Veterans Affairs: 105,725

  4. Defense: 61,858

  5. HHS: 51,800

  6. USDA: 24,722

  7. Nat’l Archives: 22,590

  8. State: 22,306

  9. Transportation: 18,345

  10. EEOC: 18,083

All ten of these agencies appeared in the top ten in FY 2023, with all but the top three changing positions. NARA slipped from 4th in 2023, when it received 62,505 requests. Defense and HHS each moved up one position from 2023; USDA rose from 8th; Transportation slipped from 7th; State rose from 10th; and EEOC dropped from 9th.

FOIA News: FBI named worst FOIA respondent of the decade

FOIA News (2025)Allan BlutsteinComment

Ten Years of The Foilies

A look back at the games governments played to avoid transparency

By Dave Maass, Elec. Frontier Found., Mar. 11, 2025

In the year 2015, we witnessed the launch of OpenAI, a debate over the color of a dress going viral, and a Supreme Court decision that same-sex couples have the right to get married. It was also the year that the Electronic Frontier Foundation (EFF) first published The Foilies, an annual report that hands out tongue-in-cheek "awards" to government agencies and officials that respond outrageously when a member of the public tries to access public records through the Freedom of Information Act (FOIA) or similar laws.

A lot has changed over the last decade, but one thing that hasn't is the steady flow of attempts by authorities to avoid their legal and ethical obligations to be open and accountable. Sometimes, these cases are intentional, but just as often, they are due to incompetence or straight-up half-assedness.

Read more here.

FOIA News: NARA announces Sunshine Week event; silence at DOJ

FOIA News (2025)Allan BlutsteinComment

The National Archives and Records Administration will host a virtual panel discussion on March 19, 2025, in observance of Sunshine Week. The Department of Justice’s Office of Information Policy announced in December that it would hold a Sunshine Week event on March 17th, but no further details about the program have been provided.

Speaking of DOJ, OIP has removed Bobak Talebian’s name and biography from its homepage, A staff profile updated on March 11, 2025, refers to Mr. Talebian as “Former Director” with dates of service from 2020 to 2025.

Court opinions issued Mar. 10, 2025

Court Opinions (2025)Allan BlutsteinComment

Brennan Ctr. for Justice v. U.S. Dep’t of State (S.D.N.Y.) -- deciding that: (1) department performed a reasonable search for certain documents referenced in President Trump’s 2017 travel ban; and (2) following in camera review of four documents, all but three pages of one document were fully protected by the presidential communications privilege and Exemption 1.

Citizens for Responsibility & Ethics in Wash. v. U.S. DOGE Serv. (D.D.C.) -- in most notable part, granting plaintiff’s request for expedited processing of various records from the U.S. DOGE Service (USDS) because the “preliminary record” indicated that USDS “likely” wields substantial independent authority from the White House and therefore is any agency subject to FOIA.

Kendrick v. DEA (D.D.C.) -- on renewed summary judgment, determining that DEA performed adequate supplemental searches for records concerning pro se plaintiff’s criminal case.

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

FOIA News: Court rules DOGE must process FOIA request

FOIA News (2025)Allan BlutsteinComment

DOGE likely subject to open records law, judge rules

By Zach Schonfeld, The Hill, Mar. 10, 2025

The Department of Government Efficiency (DOGE) is likely covered under the Freedom of Information Act (FOIA), a federal judge ruled late Monday, rejecting the Trump administration’s position that the group does not have to respond to public records requests. 

U.S. District Judge Christopher Cooper found DOGE exercises substantial authority independently of the president, which makes it subject to FOIA. 

His finding was rooted in media reports detailing the group’s rapid efforts to dismantle parts of the federal bureaucracy, as well as some of President Trump’s and Elon Musk’s statements. 

“Canceling any government contract would seem to require substantial authority—and canceling them on this scale certainly does,” wrote Cooper, an appointee of former President Obama. 

Read more here.

Court opinions issued Mar. 6, 2025

Court Opinions (2025)Allan BlutsteinComment

Whitlock v. Dep’t of Def. (D.D.C.) — in case concerning federal corruption and bribery investigation involving the U.S. 7th Fleet, holding that: (1) government was entitled to summary judgment on issues uncontested by plaintiff, specifically that Navy conducted adequate searches and properly withheld records pursuant to Exemptions 5, 6, and 7(C); (2) government was required to release all records withheld pursuant to Exemption 7(A) because the criminal cases it identified as relevant were closed, and it failed to explain how disclosure of each category of withheld records would interfere with any Naval enforcement proceedings; and (3) government was required to release all records withheld pursuant to Exemption 7(B) because it failed to show that disclosure of each category of withheld records “would, more probably than not, seriously interfere with the fairness” of Naval enforcement proceedings.”

Gov’t Accountability Project v. Dep’t of the Treasury (D.D.C.) — finding that agency failed to show that Exemption 4 protected a company’s application and license to sell oil in Syria, because company’s unsworn statements made during the submitter notice process constituted inadmissible hearsay and, in any event, were too “vague and conclusory” to establish that the company customarily and actually treated the documents as private; further finding that some evidence supported Treasury’s position, including confidential markings on the disputed documents, and therefore denying both parties’ summary judgment motions.

Gatore v. Dep’t of Homeland Sec. (D.D.C.) — in dispute concerning a request for attorney’s fees, ruling that: (1) only one of dozens of plaintiffs established an attorney-client relationship with moving counsel; (2) plaintiff was eligible for attorney’s fees as a prevailing party because agency had been ordered to release certain documents, rejecting agency’s argument that plaintiff needed to prove she received documents from her counsel; and (3) whether plaintiff was entitled to fees under four-factor test was unnecessary to decide owing to her counsel’s “total lack of billing judgment in this case . . . despite repeated warnings from this Court and other members in this District regarding the serious deficiencies of his billing practices.”

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

Jobs, jobs, jobs: Weekly report Mar. 10, 2025

Jobs jobs jobs (2025)Allan BlutsteinComment

The 90-day hiring freeze imposed by the White House on January 20, 2025, has significantly reduced the number of fillable government FOIA positions. Below are vacancies that appear to be exempt from the freeze.

Records & Info. Mgmt. Specialist, Dep't of Justice, OSG, GS 13, Wash., DC, closes 3/10/25 (non-public).

Att’y-Advisor, Dep’t of Homeland Sec./OGC, GS 14-15, Wash., DC, closes 3/12/25 (public).

Att’y-Advisor, Dep’t of Homeland Sec./OGC, GS 13-15, Wash., DC, closes 3/12/25 (public).

FOIA News: DOJ (finally) releases FY 2024 report

FOIA News (2025)Allan BlutsteinComment

The Department of Justice has released its annual FOIA report for fiscal year 2024, apparently at some point on March 7, 2024, six days after the posting deadline. The Office of Information Policy, whose director was removed on the same day, did not issue an accompanying blog post about its report. Here are the key metrics:

  • 132,527 requests received, up from 110,934 in FY 2023

  • 157,180 requests processed, up from 144,064 in FY 2023

  • 21,567 backlogged requests, down from 43,927 at the end of FY 2023.

  • 2,577 appeals received, up from 2.044 in FY 2023.

  • 2,479 appeals processed, up from 2,126 in FY 2023.

  • 211 backlogged appeals, down from 240 at the end of FY 2023

  • Agency-wide average response time of 72.24 days for simple requests and 336.72 days for complex requests. Components with the slowest average response times for complex requests were NSD (849.27 days), ATF (685.52 days), and OIP (650.57 days).

  • $112.2 million in total costs, $94.66 million of which comprised administrative costs and $17.57 million comprised litigation related costs.

  • $36k fees collected from requesters for processing requests.