FOIA Advisor

FOIA News (2015-2023)

FOIA News: NYT loses suit for CIA records re: Syrian rebels

FOIA News (2015-2023)Allan BlutsteinComment

CIA Beats New York Times’ FOIA Bid Over Syrian Rebel Program

  • Majority says ‘lingering doubts’ remain about program’s existence

  • Dissent says Trump tweet acknowledged payments to Syrian rebels

Bloomberg Law, July 9, 2020

The Central Intelligence Agency won’t have to tell the New York Times whether it has documents related to a covert program of arming and training rebel forces in Syria, after the Second Circuit found the agency didn’t waive its right to claim a FOIA exemption.

Public statements about the program by President Donald Trump and a military commander didn’t strip the CIA of the claimed exemption because the statements didn’t officially acknowledge or declassify the existence of such a program, the U.S. Court of Appeals for the Second Circuit said Thursday.

Read more here (accessible with subscription).

FOIA News: More on Mueller Report litigation

FOIA News (2015-2023)Allan BlutsteinComment

Judge Who Read Unredacted Mueller Report Has a Spreadsheet Full of Questions for the DOJ to Answer

By Colin Kalmbacher, Law & Crime, July 6, 2020

A federal judge who has been highly critical of the U.S. Department of Justice (DOJ) under President Donald Trump has a spreadsheet full of questions for the agency to answer about the undredacted Mueller Report. U.S. District Judge Reggie Walton issued a brief order on Monday outlining his request for the DOJ in anticipation of a hearing scheduled for July 20.

Read more here.

FOIA News: Happy FOIA anniversary

FOIA News (2015-2023)Allan BlutsteinComment

Let’s celebrate Freedom of Information Act

By League of Women Voters, Journal Review, July 3, 2020

Independence Day July 4 marks 54 years since the landmark Freedom of Information Act went into effect — yet some Americans are still distrustful of government.

The Freedom of Information Act was signed into law by President Lyndon B. Johnson on July 4, 1966. This legislation gives citizens the right to request and obtain documents from any agency of the Executive Branch of the United States Government except those that are exempted by statute such as classified documents.

Read more here.

FOIA News: ICE employees protected by new security designation

FOIA News (2015-2023)Allan BlutsteinComment

ICE Just Became Even Less Transparent

The new classification protects the identity of officials from public disclosure.

By Ken Klippenstein, The Nation, July 2, 2020

Immigration and Customs Enforcement (ICE) can now operate in greater secrecy, thanks to a special security classification quietly granted to it by the Trump administration. While ICE chief Matthew Albence heralded it as “a tremendous achievement,” experts say the designation deals a blow to transparency.

On June 11, the administration classified ICE as a “Security Agency,” according to a memo signed by Albence and dated June 26. This new designation puts ICE employees in the same category as high-level intelligence officials, and blocks from disclosure information that is typically public, such as name, job title, and salary. The memo was provided to The Nation by an ICE official on condition of anonymity. 

Read more here.

FOIA News: DoD to Update FOIA Regulations

FOIA News (2015-2023)Kevin SchmidtComment

SUMMARY: The Department of Defense (DoD) is proposing to amend its Freedom of Information Act (FOIA) regulation, which last published in the Federal Register as a final rule on February 6, 2018, to update certain administrative aspects of the Department’s implementation of the FOIA, including adding an additional FOIA Requester Service Center. DoD is also proposing to clarify, by adopting the standards set forth in the Department of Justice’s (DOJ) Template for Agency FOIA Regulations, that the decision to participate in FOIA alternative dispute resolution services is voluntary on the part of the requestor and DoD.

Read more here.

FOIA News: OGIS Announces Date for Annual Open Meeting

FOIA News (2015-2023)Kevin SchmidtComment

Office of Government Information Services (OGIS) annual open meeting.

SUMMARY: We are announcing OGIS’s annual meeting, open to the public. The purpose of the meeting is to discuss OGIS’s reviews and reports and allow interested people to appear and present oral or written statements, in accordance with the Freedom of Information Act (FOIA).

DATES: The meeting will be on Monday, July 20, 2020, from 10:00 a.m. to 12:00 p.m. EDT. Please register no later than 11:59 p.m. EDT on Thursday, July 16, 2020.

Read more here.