FOIA News: DOJ/OIP updates Exemption 9 of FOIA Guide

On December 1, 2021, the Department of Justice’s Office of Information Policy posted an updated version of the Exemption 9 section of the Department of Justice Guide to the Freedom of Information Act. Earlier this year, OIP updated sections Exemption 1 (Mar. 4, 2021), Exemption 3 (June 2, 2021), Exemption 7(B) (June 3, 2021) and Procedural Requirements (Aug. 20, 2021).

FOIA News: DOJ/OIP hiring staff attorney

The Department of Justice’s Office of Information Policy is looking for an attorney to join its litigation staff at the GS-12 salary level. The application deadline is December 26, 2021. See the vacancy announcement here.

FOIA News: Lawmaker seeks expedited disclosure of vaccine data

Rep. Norman demands FDA release COVID vaccine data in 100 days

FDA requested 55 years to hand over data relating to coronavirus vaccine

By Caitlin McFall, Fox News, Dec. 2, 2021

South Carolina Republican Rep. Ralph Norman on Thursday introduced legislation that could force the Food and Drug Administration to release all documents relating to the coronavirus vaccine within the next 100 days. 

The legislation is a direct response to a request made last month by the federal agency to prolong releasing data on COVID vaccines for up to 55 years. 

"How does a vaccine that receives approval in 108 days now require 55 years just to release information?" Norman said to Fox News. "It sounds like the beginning of a very bad joke."

Read more here.

FOIA News: DC Circ. Dubious DOJ Could Block Trump Obstruction Memo

DC Circ. Dubious DOJ Could Block Trump Obstruction Memo

By Khorri Atkinson, Law360, Dec. 1, 2021

The D.C. Circuit appeared unconvinced Wednesday by the U.S. Department of Justice's justification for blocking a legal memo concerning whether former President Donald Trump illegally obstructed justice during former special counsel Robert Mueller's investigation into Russian interference in the 2016 election.

Read more here (subscription).

FOIA News: IRS Releases Asset Forfeiture Docs To Libertarian Law Firm

IRS Releases Asset Forfeiture Docs To Libertarian Law Firm

By Theresa Schliep, Law360, Dec. 1, 2021

The Internal Revenue Service released documents on its asset forfeiture program to a nonprofit libertarian law firm that has sought information on the agency's property seizures, according to joint filings in D.C. federal court.

Read more here (subscription).

FOIA News: Derivative public benefits should be weighed in FOIA, asserts law student

The University of Virginia’s law review has published a Note that argues that “courts must consider derivative benefits as part of the public interest” when employing Exemptions 6 and 7(C) of the FOIA. Read the article here.

FOIA News: The FAA accidentally disclosed more than 2,000 flight records associated with Jeffrey Epstein's private jets

The FAA accidentally disclosed more than 2,000 flight records associated with Jeffrey Epstein's private jets

By Angela Wang, Business Insider, Nov. 29, 2021

Insider requested all flight-history data associated with four planes owned by Jeffrey Epstein. The FAA rejected the request but later provided the records in response to an unrelated request. The new FAA records include hundreds of previously unknown flights made by Epstein's jets.

Read more here.

FOIA News: FDA asks court for 55 years to process vaccine records

Wait what? FDA wants 55 years to process FOIA request over vaccine data

By Jenna Greene, Reuters, Nov. 18, 2021

Freedom of Information Act requests are rarely speedy, but when a group of scientists asked the federal government to share the data it relied upon in licensing Pfizer’s COVID-19 vaccine, the response went beyond typical bureaucratic foot-dragging.

As in 55 years beyond.

That’s how long the Food & Drug Administration in court papers this week proposes it should be given to review and release the trove of vaccine-related documents responsive to the request. If a federal judge in Texas agrees, plaintiffs Public Health and Medical Professionals for Transparency can expect to see the full record in 2076.

Read more here.

FOIA News: Tech help for FOIA backlogs

Tech Improvements That Can Help Gov't Tackle FOIA Backlog

By Ken Koch & Erica Spector, Law360, Nov. 17, 2021

As the number of Freedom of Information Act requests submitted to the federal government continues to grow, so does the cost to the government. The Congressional Research Service notes that current prioritization of pandemic-related requests, remote work, and an inability to coordinate requests have increased existing backlog, and caused federal agencies to process significantly fewer FOIA requests in longer times in fiscal year 2020 than in fiscal year 2019.

Read more here (accessible with free trial).

FOIA News: AAG Vanita Gupta addresses Chief FOIA Officers Council

Associate Attorney General Vanita Gupta Delivers Remarks at the Chief FOIA Officers Council Meeting

DOJ, Justice News, Nov. 17, 2021

Good morning and thank you for joining us for today’s Chief FOIA Officers Council meeting. On behalf of the Department of Justice, I would like to welcome all the Chief FOIA Officers and agency FOIA officials to our Fall FOIA Officer Council meeting. I also want to welcome the members of the public joining us today.

At the Department of Justice, we take very seriously our responsibility of transparency and accountability through faithful compliance with the Freedom of Information Act. In his first week in office, Attorney General Garland recognized the importance of the mission of FOIA at the Department of Justice’s Annual Sunshine Week Event. The Attorney General noted that, “without accountability, democracy is impossible. And democratic accountability requires the kind of transparency that the FOIA make

Read more here.