FOIA News: USAID proposes new FOIA regulations

The United States Agency for International Development has issued a proposed rule that updates its FOIA regulations. The deadline to submit comments is August 9, 2021.

FOIA News: Volkswagen seeks to protect internal investigations records

VW Asks 9th Circ. For Say Over Jones Day Docs In FOIA Suit

Law360, June 7, 2021

Volkswagen has told the Ninth Circuit that it should have a say on whether the U. S. Department of Justice releases confidential documents in response to a Freedom of Information Act lawsuit, saying Jones Day's findings on Volkswagen's internal investigation into the 2015 emissions-cheating scandal are protected. Volkswagen AG insisted in a Friday reply brief that it should be allowed to intervene in Loyola Marymount University professor Lawrence Kalbers' FOIA lawsuit seeking to get the Justice Department to publicly release Jones Day's findings — which have been kept under wraps — on how the "clean diesel" emissions-cheating scandal took shape, as well. . .

Read more here (accessible with a free trial subscription).

FOIA News: POGO asks for investigation of DOJ FOIA lawyers

The Project On Government Oversight (POGO) has asked the Department of Justice’s Inspector General to investigate whether four lawyers “committed perjury or other crimes” while defending DOJ in Citizens for Responsibility and Ethics in Wash. v. DOJ, No. 1:19-cv-01552-ABJ (D.D.C. May 3, 2021) (appeal pending), a FOIA case concerning DOJ’s review of Special Counsel Mueller’s report about Russian interference in the 2016 presidential election.

Read the letter here.

FOIA News: Commentary on D.C. Circuit's decision in Cause of Action v. DOJ

Towards a Definition of a FOIA “Record”: The D.C. Circuit’s Decision in Cause of Action Institute v. Department of Justice

By Ryan P. Mulvey & James Valvo, III, Yale J. on Reg. June 3, 2021

The Freedom of Information Act (“FOIA”) provides the public with access to “records” of the Executive Branch.  It does not provide for disclosure of “information” in the abstract.  Surprisingly, however, the definition of a “record” has never been established, despite the seeming inclusion of such a definition at Section 552(f)(2)(A).  And although there is no shortage of caselaw on the distinct question of the meaning of an “agency record,” the antecedent question of what a “record” is has only recently started working its way through the courts.  The D.C. Circuit’s recent opinion in Cause of Action Institute v. Department of Justice provides helpful, if incomplete, insight.  The major takeaway from that decision is that agencies should no longer be permitted to break records into small pieces after receiving a FOIA request in order to avoid disclosure.

See more here.

FOIA News: D.C. Circuit Opinion on Non-Responsive Records Case

D.C. Circuit rules DOJ violated #FOIA when it segmented records to avoid disclosure, but declines to invalidate DOJ guidance advising agencies to do just that. A partial solid win in an ongoing battle. @CauseofActionDC @RPMulvey #appellatetwitter https://t.co/TLhDyPalfu

— James Valvo (@JamesValvo) June 1, 2021

FOIA News: Advanced FOIA Litigation for gov't employees

DOJ’s Office of Information Policy has updated its handouts for its Advanced FOIA Litigation course. Query whether Handout D pertaining to non-responsive records will survive Cause of Action v. DOJ, 20-5182 (D.C. Cir.) unscathed.

FOIA News: Gov't FOIA jobs available in DC/MD/VA

Gov’t Info. Specialist, Dep’t of Agriculture/FSIS, GS 12-13, Washington DC, closes June 1, 2021

Gov’t Info. Specialist (FOIA appeals), Dep’t of Def./Sec’y, GS 11-12, Alexandria, VA, closes June 1, 2021

Gov’t Info. Specialist, Dep’t of the Treasury/HQ, GS 12-13, Washington DC, closes June 2, 2021

Gov’t Info. Specialist, Dep’t of Defense/Sec’y, GS 13, Alexandria, VA, closes June 3, 2021

Gov’t Info. Specialist, Dep’t of Health & Human Serv./IHS, GS 14, Rockville, MD, closes June 7, 2021

Attorney-Advisor, Dep’t of Justice/OIP, GS 12, Washington DC, closes June 17, 2021

FOIA News: Get your OIP FOIA training

A reminder that federal employees and contractors can remotely attend FOIA training provided by DOJ’s Office of Information Policy on June 3, 2021 (Exemption 4 and Exemption 5) and one June 10, 2021 (Exemption 1 and Exemption 7).

FOIA News: Three, two, one . . . CREW criticizes DOJ for seeking appeal

Watchdog group suing for Trump obstruction memo blasts DOJ for trying to block release

By Harper Neidig, The Hill, May 25, 2021

The liberal watchdog group that has been fighting in court to obtain internal Department of Justice (DOJ) documents from the Trump era criticized the Biden administration on Tuesday for trying to block the release of a legal memo that was used to clear the former president of wrongdoing after the Mueller investigation.

Read more here.

FOIA News: DOJ seeks partial stay of court’s order to release memo about Mueller investigation

Biden DOJ to appeal court order to release Trump obstruction memo

By Harper Niedig, The Hill, May 24, 2021

The Department of Justice is appealing a judge's decision ordering the release of a 2019 legal memo prepared for then-Attorney General William Barr in the wake of the Mueller investigation.

In a pair of court filings submitted late Monday, the DOJ under Attorney General Merrick Garland said it would fight against the full release of the memo, but would agree to make parts of it public.

The internal legal memo prepared by the DOJ's Office of Legal Counsel is said to provide justifications for Barr's stance that former special counsel Robert Mueller's investigation did not support obstruction of justice charges against former President Trump.

Read full article here.

See DOJ’s motion here.