FOIA Advisor

FOIA News (2015-2024)

FOIA News: Court accuses DOJ of deception in withholding memo concerning Mueller investigation

FOIA News (2015-2024)Allan BlutsteinComment

Judge Says Barr Misled on How His Justice Dept. Viewed Trump’s Actions

Judge Amy Berman Jackson said in a ruling that the misleading statements were similar to others that William P. Barr, the former attorney general, had made about the Mueller investigation.

By Michael S. Schmidt, NY Times, May 4, 2021

A federal judge in Washington accused the Justice Department under Attorney General William P. Barr of misleading her and Congress about advice he had received from top department officials on whether President Donald J. Trump should have been charged with obstructing the Russia investigation and ordered that a related memo be released.

Judge Amy Berman Jackson of the United States District Court in Washington said in a ruling late Monday that the Justice Department’s obfuscation appeared to be part of a pattern in which top officials like Mr. Barr were untruthful to Congress and the public about the investigation.

The department had argued that the memo was exempt from public records laws because it consisted of private advice from lawyers whom Mr. Barr had relied on to make the call on prosecuting Mr. Trump. But Judge Jackson, who was appointed by President Barack Obama in 2011, ruled that the memo contained strategic advice, and that Mr. Barr and his aides already understood what his decision would be.

Read more here.

FOIA News: One for the dogs

FOIA News (2015-2024)Allan BlutsteinComment

Biden Family Dogs, Champ and Major, Trigger Conservative Group Lawsuit

By Benjamin Fearnow, Newsweek, May 4, 2021

The conservative activist group Judicial Watch filed a Freedom of Information Act (FOIA) lawsuit in federal court Monday that names the "Biden family dogs" and accuses the U.S. Secret Service of not reporting an alleged March biting incident.

Judicial Watch announced the lawsuit today against the U.S. Department of Homeland Security (DHS). It seeks compliance in a filing listed as "JW v DHS Biden dogs complaint 01194." The federal complaint filed in the U.S. District Court for the District of Columbia demands the Secret Service respond in a timely fashion to FOIA requests for details about an early March dog biting debacle. Judicial Watch claims it's been "irreparably harmed" by the Secret Service's reluctance to report the incident, which reportedly involved one of the two Biden family German Shepherds, Champ and Major.

Read more here.

FOIA News: Recap of recent DOJ workshops

FOIA News (2015-2024)Allan BlutsteinComment

VIRTUAL BEST PRACTICES WORKSHOPS FOCUS ON FOIA ADMINISTRATION DURING COVID-19 PANDEMIC

DOJ-OIP, FOIA Post, Apr. 28, 2021

The Office of Information Policy (OIP) hosted two virtual workshops last month discussing best practices focused on Freedom of Information Act (FOIA) administration during the pandemic for both Intelligence Community (IC) and non-IC community agencies. 

During the first virtual event, OIP Director Bobby Talebian and Office of Government Information Services (OGIS) Director Alina Semo moderated a panel discussion with seasoned IC and IC-adjacent FOIA officials:  Brent Evitt, Defense Intelligence Agency; Ron Mapp, National Security Agency; Sally Nicholson, Office of the Director of National Intelligence; Michael Seidel, Federal Bureau of Investigation; and Eric Stein, U.S. Department of State.

Read more here.

FOIA News: Copyright Office proposes revision to FOIA regulations

FOIA News (2015-2024)Allan BlutsteinComment

On April 26, 2021, the U.S. Copyright Office issued a proposed rule that states, in conformity with the Copyright Alternative in Small-Claims Enforcement Act, only Copyright Claims Board “determinations, records, and information” that are published on the Office’s website and that relate to a CCB final determination are subject to disclosure under FOIA. Written public comments will be accepted through May 26, 2021.

FOIA News: Trump-obsessed FOIA requesters still busy at work

FOIA News (2015-2024)Allan BlutsteinComment

Groups see new openings for digging up dirt on Trump

By Rebecca Beitsch, The Hill, Apr. 20, 2021

Public interest groups determined to stay focused on the Trump administration say they have new openings for unearthing information now that the past government’s political appointees have departed.

Various groups that flooded the government with Freedom of Information Act (FOIA) requests say the departures have greased the wheels of various agencies’ public records shops. 

Read more here.

FOIA News: 1st Circuit hears Facebook arguments

FOIA News (2015-2024)Allan BlutsteinComment

Facebook Tells 1st Circ. To Reverse FTC Doc Release Order

Law360, Apr. 12, 2021

Facebook has urged the First Circuit to reverse an order requiring the Federal Trade Commission to respond to a Freedom of Information Act request for documents related to a $5 billion settlement with Facebook, saying dissenting comments from two FTC commissioners are not "official" disclosures triggering the official-acknowledgment doctrine. The doctrine is a three-prong test courts use to determine if a government agency or official waived a FOIA exemption by publicly discussing previously undisclosed information.

Read more here (accessible with free trial).

District court opinion and docket here.