FOIA News: ICYMI, 9th Circuit orders release of injury reports

Judge Rules OSHA Can Release Employer Injury Records

By Bindu Gross & John Artz, Nat’l Law Review, June 16, 2020

On June 4, 2020, Magistrate Judge Donna M. Ryu of the U.S. District Court for the Northern District of California ruled in The Center for Investigative Reporting v. Department of Labor that employers’ injury and illness records, submitted to the federal Occupational Safety and Health Administration (OSHA), are not confidential and can be released if requested through the Freedom of Information Act (FOIA).

Read more here.

FOIA News: Pentagon over-withholding subcontracting info

American Small Business League Prevails in Pentagon Freedom of Information Case

Judge says Government didn’t comply with Order

Business Wire, June 15, 2020

U.S. District Judge William Alsup Friday handed another victory to a small business advocacy group, the American Small Business League (“ASBL”), holding that the Department of Defense and the Department of Justice didn’t comply with his previous orders requiring them to disclose their ratings of major defense contractors and the Justice Department’s communications with defense contractors’ lawyers.

Judge Alsup’s ruling is the latest in a long-running, David-versus-Goliath struggle between ASBL and the two federal agencies. The government has already had to pay ASBL $500,000 in attorney’s fees in the Freedom of Information Act (“FOIA”) case.

Read more here.

FOIA News: Exemption 4 seminar

On June 29, 2020, Law Seminar International will host a virtual panel discussion about Exemption 4 following the U.S. Supreme Court’s decision last year in Food Marketing Institute v. Argus Leader Media. The agenda (which lists an incorrect date) is available here. Registration details are available here.

FOIA News: DOJ to review redactions re: Roger Stone

DOJ weighs whether to publish redacted Mueller findings on Roger Stone

By John Kruzel, The Hill, June 12, 2020

The Department of Justice (DOJ) announced Friday that it is reviewing whether to make public the redacted portions of former special counsel Robert Mueller’s findings related to Trump ally Roger Stone.

The review was prompted by a Freedom of Information Act (FOIA) request that sought the removal of redactions in light of Stone’s conviction for lying to Congress and witness tampering, for which Stone was sentenced to more than three years in prison.

Read more here.

FOIA News: Judge asks DOJ about Mueller report redactions

Judge who reviewed full Mueller report asks DOJ about 'merits' of redactions

By Jerry Dunleavy, Wash. Exam’r, June 10, 2020

The federal judge who reviewed the full, unredacted report by special counsel Robert Mueller said he has questions about the reasoning for the Justice Department's redactions and ordered the agency to provide the court with answers.

“Having reviewed the unredacted version of the Mueller Report, the Court cannot assess the merits of certain redactions without further representations from the Department,” Judge Reggie Walton said in a court order this week.

Read more here.

FOIA News: State Dep't reopening FOIA office

The State Department stated in a status conference held today that it intends to reopen its FOIA office on June 15, 2020, according to FOIA lawyer Kel McClanahan, who represents the plaintiff in Jimenez v. DHS, 19-21546 (S.D. Fla.).

On June 9, 2020, CNN reported that the State Department would be able to return up to 40 percent of their personnel on June 15.

FOIA News: OGIS posts CDC webinar

On May 12, 2020, the Office of Government Information Services hosted a webinar in which the Centers for Disease Control and Prevention discussed the agency’s FOIA program. The nearly two-hour discussion is now available online here.

FOIA News: DOJ offering virtual FOIA training

VIRTUAL FOIA TRAINING FOR AGENCY FOIA PROFESSIONALS – JUNE COURSES NOW AVAILABLE

Office of Info. Policy FOIA Post, June 8, 2020

Today, the Office of Information Policy (OIP) announced dates for our new virtual FOIA training during the month of June.  OIP offers a number of training opportunities throughout the year for agency FOIA professionals and individuals with FOIA responsibilities.  Due to COVID-19 and maximum telework, OIP is pleased to offer virtual training sessions that are taught in real-time by OIP instructors. 

Read more here.

FOIA News: Law firm criticized for recusal motion

White & Case Dissed For Bias Claim In FOIA Suit Against IRS

Law 360, June 5, 2020

A D.C. judge refused to recuse himself from a Texas couple’s Freedom of Information Act case against the IRS, dismissing their argument that he is unfair and criticizing their attorneys from White & Case LLP for bringing the motion. U.S. District Judge James E. Boasberg rejected arguments Thursday that his rulings against the couple, Thomas and Beth Montgomery, indicated a bias against them.

Read more here (accessible with free trial subscription).

Copy of court’s opinion here.

FOIA News: NARA seeks nominations for FOIA Advisory Committee

The National Archives and Records Administration is accepting nominations for the FOIA Advisory Committee’s 2020-2022 term. Membership is open to no more than ten government representatives and ten non-government representatives. The deadline for submission of nominations is July 2, 2020. Additional details are available in this draft notice scheduled to be published in the Federal Register on June 8, 2020.