FOIA News: Agency FOIA summit on May 12, 2022

UPCOMING FOIA SUMMIT FOR AGENCY FOIA PROFESSIONALS

DOJ/OIP, FOIA Post, Apr. 12, 2022

The Office of Information Policy (OIP) is pleased to announce an upcoming FOIA Summit for Agency FOIA Professionals, hosted jointly with the Department of Homeland Security Privacy Office.  The FOIA Summit is an opportunity for agency FOIA professionals to hear about how some of their colleagues are modifying their FOIA plans and process in light of COVID-19 and best practices for leveraging FOIA data to strengthen FOIA programs.  Participants will also have the opportunity to hear about recent Government Accountability Office FOIA reports and recommendations, and perspectives on FOIA litigation trends. 

The FOIA Summit will be held virtually on May 4, 2022 from 10AM – 4PM EDT.  This event is open to federal agency employees only.  Registration is required on Eventbrite.  All attendees must register by 11:59 PM EDT on Monday, May 2, 2022.  Registered users will receive access instructions.

FOIA News: Commerce won’t release Secretary’s calendars; watchdogs ask Senate to investigate

COMMERCE SECRETARY GINA RAIMONDO WON’T DISCLOSE WHETHER SHE MET WITH BIG TECH, WATCHDOGS SAY

A coalition called on the Judiciary Committee to investigate, as Democrats consider pivotal antitrust initiatives.

By Sara Sirota, The Intercept, Apr. 12, 2022

FOR MONTHS, Commerce Secretary Gina Raimondo has ignored calls to reveal whether she’s meeting with Big Tech representatives, while criticizing groundbreaking antitrust regulations in the European Union to rein in technology giants, according to a coalition of watchdogs. They’re calling on the Senate Judiciary Committee to investigate the Commerce Department’s refusal to respond to a Freedom of Information Act request, alleging its inaction stands “to further erode Americans’ trust in their elected officials.”

Secretary of Commerce Gina Raimondo’s adamant and ongoing refusal to release her calendar records, a simple and routine task expected of federal officeholders, is one recent example of conduct that warrants full attention from the Senate Judiciary Committee given your ongoing concern over FOIA practice and administration,” the coalition of 14 watchdogs, including Public Citizen and Revolving Door Project, said in a letter obtained by The Intercept.

Read more here.

FOIA News: Chief FOIA Officers Council Meeting

The Chief Freedom of Information Act Officers Council will meet virtually on Thursday, April 21, 2022, from 10AM to noon. See the following announcement in the Federal Register for further information.

FOIA News: 2nd Circuit protects docs related to border screening

Court blocks disclosure of docs on immigrant terrorist screenings

By Daniel Wiessner, Reuters, Apr. 6, 2022

• Field manual, interview questions are related to law enforcement

• Court reversed judge who said docs could not be withheld

• Group sought documents after Trump ordered more vetting

A U.S. appeals court on Wednesday said federal agencies properly withheld documents related to how they vet applicants for immigration benefits with the aim of uncovering possible terrorist ties, reversing a judge who ordered their disclosure.

A 2nd U.S. Circuit Court of Appeals panel said portions of a U.S. Department of State field manual on reviewing visa applications, and model questions U.S. Citizenship and Immigration Services officers can ask applicants, were created for law enforcement purposes and are shielded from disclosure under the federal Freedom of Information Act.

Read more here.

FOIA News: Another look at SCOTUS nominee's FOIA record

Judge Ketanji Brown Jackson’s FOIA Record

By Stephen Piepgrass & Abby Thornill, Troutman Pepper, Apr. 6, 2022

On February 25, President Biden nominated Judge Ketanji Brown Jackson of the Court of Appeals for the District of Columbia to fill the vacancy on the Supreme Court created by Justice Stephen Breyer’s retirement. Judge Jackson’s resume includes almost 10 years of service on the bench — she was first nominated by President Obama to the District Court for the District of Columbia in 2012 and served as a federal trial judge until her appointment to the Circuit Court in 2021. Sitting as a judge in the nation’s capital, her docket included an extensive number of cases involving the federal Freedom of Information Act (FOIA), as individuals and business challenged federal agencies’ withholding of requested documents sought under the federal statute. Judge Jackson’s rulings in many of these cases provides insight into where she stands with respect to important FOIA issues. If she is confirmed to the highest court, Judge Jackson’s stance and views on these issues could affect the privacy interests, intellectual property rights, and business interests of all individuals and business who contract and correspond with government agencies.

Read more here.

FOIA News: DOJ post on Senate hearing testimony

OIP DIRECTOR TESTIFIES BEFORE SENATE COMMITTEE

By DOJ/OIP, FOIA Post, Apr. 4, 2022

On March 29, 2022, Office of Information Policy (OIP) Director Bobak Talebian testified in a hearing before the Senate Judiciary Committee entitled, “The Freedom of Information Act: Improving Transparency and the American Public’s Right to Know for the 21st Century.”  In his testimony, Director Talebian highlighted the Attorney General’s new FOIA Guidelines, issued during Sunshine Week earlier this month.  He also discussed government-wide FOIA administration and OIP’s role in encouraging compliance with the FOIA, highlighting OIP’s guidance, training, and other resources; efforts to promote agency accountability through reporting; the work of the Chief FOIA Officers Council; and continued development of FOIA.gov and the National FOIA Portal. 

Director Talebian acknowledged the challenges agencies have faced due to the high volume of complex requests and recent events, and reiterated OIP’s commitment to encouraging government-wide compliance with the FOIA. 

Read Director Talebian’s prepared statement to the Committee, or watch a webcast of the entire hearing.

FOIA News: FOIA Advisory Committee convenes on April 7th

The Freedom of Information Act Advisory Committee will host a virtual meeting on April 7, 2022, from 10:00AM to 1:00PM. The purpose of this meeting is to hear updates from and consider any recommendations from the four subcommittees: Classification, Legislation, Process, and Technology.

See more details here.

FOIA News: OIP updates Exemptions 7(A) & 7(C) of FOIA Guide

DOJ’s Office of Information Policy posted an updated version of Exemption 7(A) of the United States Department of Justice Guide to the Freedom of Information Act on March 22, 2022, as well as an updated version of Exemption 7(C) on March 29, 2022.

FOIA News: CRS publishes access to government information overview

On March 31, 2022, the Congressional Research Service released Access to Government Information: An Overview, which includes a discussion of the Freedom of Information Act.

FOIA News: Obama Library bombarded with FOIA requests

The Obama FOIA timebomb

By Alex Thompson, Josh Gerstein & Max Tani, Politico, Mar. 31, 2022 

For JOE BIDEN, there have been a lot of advantages to having once served as vice president: familiarity with the office, established relationships with powerful people, and a team of advisers with relevant experience.

But there is also a distinct disadvantage: People can dig through the archives of your prior work.

Starting on January 20, 2022 — five years since BARACK OBAMA left office — inquisitive journalists, opposition researchers, and amateur conspiracy theorists began filing a barrage of Freedom of Information Act requests (also known as “FOIAs”) to the Obama library.

Read more here.