FOIA News: Court will not tolerate CDC delays

Give Up CDC Info Or Answer To Me, Judge Tells Trump Attys

By Pete Brush, Law360, June 4, 2020

A displeased Manhattan federal judge said Thursday she will haul top Trump administration agency lawyers into court if they drag their feet in a freedom-of-information case claiming the president suppressed free speech at the Centers for Disease Control and Prevention as the COVID-19 crisis set in.

U.S. District Judge Analisa Torres said she will not hesitate to call general counsel from agencies including the CDC, the U.S. Department of Health and Human Services and potentially the White House, if the feds don't detail what information they will provide and their reasons for withholding any.

Read more here.

FOIA News: FOIA Advisory Committee meeting

The FOIA Advisory Committee met virtually on June 4, 2020, concluding its 2018-2020 term. Meeting materials, which include subcommittee reports and recommendations, are available here.

FOIA News: D.C. Circuit questions need for Clinton deposition

‘This Is No Longer Secretary Clinton’s State Department’: Judges Wary of Her Deposition Over Emails

“If the question is whether there's been an adequate search, what difference does it make what the intent was or reasons for using a private server, or Hillary Clinton’s or anyone else’s understanding of State’s record searching obligations?” Judge Robert Wilkins asked.

By Jacqueline Thomsen, Nat’l Law Journal, June 2, 2020

A panel of federal appeals judges were doubtful Tuesday of what additional information could be gleaned about Hillary Clinton’s emails if the former secretary of state were to sit for a deposition in a public records case.

Judges Thomas Griffith, Cornelia Pillard and Robert Wilkins of the U.S. Court of Appeals for the D.C. Circuit heard the arguments after U.S. District Judge Royce Lamberth of the District of Columbia ruled last year that Clinton could be deposed in a Judicial Watch Freedom of Information Act lawsuit for records relating to the 2012 Benghazi terrorist attack. Clinton’s lawyers at Williams & Connolly, led by David Kendall, intervened and petitioned the circuit to vacate Lamberth’s order.

Read more here.

FOIA News: CDC seeking additional FOIA help

The Centers for Disease control issued a vacancy announcement today for two Government Information Specialists for 24-month appointments in Atlanta, Georgia “based on a critical hiring need resulting from the outbreak and spread of the ‘Coronavirus Disease 2019’ (COVID-19), which has caused a public health emergency.” The deadline to apply is June 11.

FOIA News: More on OIP's recent guidance

Justice Department Advises Agencies on Continuing to Meet FOIA Requests During the Pandemic

Watchdogs and journalists have been using FOIA to shed light on the federal government’s coronavirus actions.

By Courtney Buble. Gov’t Exec., May 29, 2020

The Justice Department is advising federal agencies to meet the challenge of processing Freedom of Information Act requests during the novel coronavirus pandemic in part through increased communication with those seeking information, use of technology and prioritization of requests.  

On Thursday, the Justice Department’s Office of Information Policy published guidance on how agencies should handle their FOIA operations during a time of “maximum telework and physical distancing policies” and delays for many in receiving physical mail. This comes as watchdogs, journalists and others have been relying on FOIA to learn about the government’s coronavirus response and hold officials accountable for protecting the public’s health. 

Read more here.

FOIA News: OIP issues COVID-19 guidance

NEW GUIDANCE ISSUED FOR AGENCY FOIA ADMINISTRATION IN LIGHT OF COVID-19 IMPACTS

DOJ, FOIA Post, May 28, 2020

Today the Office of Information Policy (OIP) issued guidance to agencies concerning their FOIA administration in light of the recent impacts of COVID-19.  Federal employees responsible for agency FOIA administration have faced a variety of challenges as a result of changes to workplace policies due to steps taken to protect the health and well-being of employees while continuing to fulfill their agencies' missions.  OIP's guidance encourages agencies to continuously assess their FOIA programs as circumstances evolve with a focus on finding workable solutions to maximize the efficiency and effectiveness of their FOIA administration. 

Read more here.

See related article from Fed. News Network.

FOIA News: Plaintiffs accuse judge of bias toward IRS

Couple Wants Judge Ousted For Bias Toward IRS In FOIA Suit

Law360, May 27, 2020

A D.C. federal judge must recuse himself from a Freedom of Information Act case involving the Internal Revenue Service because he has favored the agency and disparaged the plaintiffs, a Texas couple told the court. U.S. District Judge James E. Boasberg has shown his bias for the IRS by stating that plaintiffs Thomas and Beth Montgomery ran a tax shelter and calling them “snitches” the couple said in a motion Tuesday to disqualify.

Read more here (accessible with free trial subscription).

FOIA News: Government FOIA jobs available

• Dep’t of Health & Human Serv., Supervisory Gov’t Info. Specialist, Maryland (GS 15), closes May 27, 2020

• Dep’t of the Treasury, Supervisory Gov’t Info. Specialist, D.C. (GS 15), closes May 27, 2020

• Dep’t of Veterans Affairs, Gov’t Info. Specialist, D.C. (GS 13), closes May 27, 2020

• Pentagon Force Prot. Agency, Gov’t Info. Specialist, Virginia (GS 12-13), closes May 28, 2020

• Food & Drug Admin., Gov’t Info. Specialist, Location negotiable (GS 9-11), closes May 28, 2020

• Dep’t of Veterans Affairs, Gov’t Info. Specialist, Hawaii (GS 9), closes May 29, 2020

• Dep’t of Labor, Gov’t Info. Specialist, NJ & NY (GS 9), closes May 29, 2020

• Dep’t of Veterans Affairs, Gov’t Info. Specialist, Indiana, closes June 2, 2020

• Dep’t of State, Gov’t Info. Specialist, D.C. (GS 11-12), closes June 3, 2020

• Dep’t of Veterans Affairs, Gov’t Info. Specialist, Colorado (GS 12), June 3, 2020

• Dep’t of the Army, Gov’t Info. Specialist, Virginia (GS 13), closes June 5, 2020

• Dep’t of the Interior, Gov’t Info. Specialist, Louisiana (GS 9-110, closes June 5, 2020

• Def. Threat Reduction Agency, Gov’t Info. Specialist, Virginia (GS 13), closes June 8, 2020

• Veterans Health Admin., Gov’t Info. Specialist, North Carolina (GS 9), closes June 11, 2020

• Envtl. Prot. Agency, Attorney-Adviser, D.C. (GS 15), closes June 12, 2020

FOIA News: Feds file opening SCOTUS brief in Exemption 5 case

Endangered Species Records Ruling Would Undermine FOIA, Feds Say

By Ellen M. Gilmer, Bloomberg Law, May 22, 2020

• Agencies are challenging Ninth Circuit ruling

• Dispute stems from records for EPA regulation

The Trump administration is urging the U.S. Supreme Court to allow the government to keep certain endangered species records out of the public eye.

Government lawyers submitted a brief Thursday calling on the justices to reverse a lower court’s ruling that required the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) to release draft documents related to an environmental regulation’s impacts on at-risk species.

Read more here (subscription required).

FOIA News: FOIA Advisory Committee invites pubic to comment on report

The 2018-2020 FOIA Advisory Committee, whose term ends in early June, has invited the public to comment on its draft final report through June 2, 2020. For more details, see the following post from the Office of Government Information Services.