FOIA Advisor

FOIA News (2015-2024)

FOIA News: Court threatens to sanction ICE and DOJ for "unbelievable" response

FOIA News (2015-2024)Allan BlutsteinComment

During a July 29th hearing, D.C. federal judge Amit Mehta rebuked and threatened to sanction government officials for having ignored his prior ruling in Long v. ICE (D.D.C), a seven-year-old case concerning access to metadata and database schema for certain agency databases.

I am literally at a loss right now. I am at a loss. I have never, in my judicial career, had an agency respond to a judicial order in the way that ICE has responded to this order in this case.

* * *

I'm not doing this anymore, because otherwise you all are going to get sanctioned. And I don't know how one really sanctions a federal agency. It's not like you can sanction them in a way that you sanction a party, like money is really going to matter to a federal agency.But you're going to get sanctioned unless something starts happening in this matter that is consistent with what has happened in this case. I don't understand this. You are thumbing your nose at what has happened in this case.

The judge subsequently ordered ICE and DOJ to have supervisory officials appear at a hearing on August 4, 2021.

I don't act this way with parties, I really don't, I try not to do this, but you all have really tried my patience. I don't know what more to do and I don't know what more to say other than escalating this to people who will actually understand that when a court actually rules on something, that that order should be followed. This is just unbelievable. It's unbelievable.

See full hearing transcript here.

FOIA News: Study explores affect of politicization on FOIA requests

FOIA News (2015-2024)Allan BlutsteinComment

A Hamilton University professor has published an article in the upcoming edition of Presidential Studies Quarterly that “explores the implementation of the Freedom of Information Act (FOIA) and analyzes how politicization affects aggregate federal executive branch transparency.” An abstract of the article, entitled “The Law: Government Transparency and Public Access,” is available here.

FOIA News: Reporters Committee on D.C. Circuit's ‘foreseeable harm’ standard

FOIA News (2015-2024)Kevin SchmidtComment

D.C. Circuit: FOIA’s ‘foreseeable harm’ standard has teeth

By Adam A. Marshall, Reporters Committee, July 27, 2021

In a case brought by the Reporters Committee and the Associated Press, the U.S. Court of Appeals for the D.C. Circuit issued an opinion earlier this month with its most expansive and detailed explanation of the Freedom of Information Act’s “foreseeable harm” provision to date, holding that the FBI failed to justify withholding documents regarding the agency’s impersonation of an Associated Press editor in 2007.

Read more here.

FOIA News: Gov't Defends Holding Info About Trump Name On Virus Checks

FOIA News (2015-2024)Kevin SchmidtComment

Gov't Defends Holding Info About Trump Name On Virus Checks

By Emlyn Cameron, Law360, July 19, 2021

The Treasury Department properly withheld information from ABC News after the organization asked for records on the decision to print former President Donald Trump's name on coronavirus relief payments sent by mail, the government said in a filing.

Read more here (subscription).

FOIA News: FBI publishes records about Whitey Bulger and Henry Aaron

FOIA News (2015-2024)Allan BlutsteinComment

FBI’s ‘Vault’ a repository of records on Capone to Einstein

By Joe Dwinnell, Boston Herald, July 19, 2021

The Vault,” the FBI’s public records repository, is a who’s who of the famous to the infamous the agency has kept records on.

Once a person dies, their FBI files are accessible under the federal Freedom of Information Act — minus any agency redactions. The Herald did just that after Southie mobster James “Whitey” Bulger was killed in October 2018 inside a West Virginia prison.

The first batch of records was just posted to The Vault with the next installments expected soon. The FBI, however, keeps populating the page with new entries weekly from other FOIA requests.

Read more here.

FOIA News: Judge 'Struggling' With Fight Over Gina Haspel's CIA Docs

FOIA News (2015-2024)Allan BlutsteinComment

Judge 'Struggling' With Fight Over Gina Haspel's CIA Docs

Law360, July 9, 2021

A D. C. federal judge said Thursday he's "struggling" to decide whether the CIA must cough up more documents in a lawsuit accusing the agency of conducting a propaganda campaign in 2018 to promote Gina Haspel, former President Donald Trump's pick to lead the agency, and whitewashing her alleged involvement in torture and abuse during the Bush administration. At the end of an hourlong hearing in the CIA's summary judgment motion to end the American Civil Liberties Union's Freedom of Information Act complaint, U. S. Judge Carl J. Nichols said he'll decide soon whether to order the agency to hand over undisclosed records. . .

Read more here (accessible with free trial subscription)

See case filings here.

FOIA News: Happy Birthday, FOIA

FOIA News (2015-2024)Allan BlutsteinComment

Saluting FOIA on its birthday

By Michael R. Lemov, The Hill, July 4, 2021

For 12 years, Rep. John Moss of California fought for passage of an astonishing new concept: a law that would make all government records available to any “person.”

In this year of government and public division, history shows that this great legislative achievement was accomplished by Democrats and Republicans working together. Moss was a Democrat. President Lyndon Johnson was a Democrat. But, FOIA was enacted only with last minute Republican help.

Read more here.

DOJ, ACLU Spar Over Redacted Documents In Social Media FOIA Case

FOIA News (2015-2024)Allan BlutsteinComment

DOJ, ACLU Spar Over Redacted Documents In Social Media FOIA Case

  • Dispute over FOIA Exemptions 7(E) and (b)(5)

  • Judge ordered in camera document review

By David McAfee, Bloomberg Law, July 2, 2021, 5:01 PM

The Department of Justice and the American Civil Liberties Union Foundation sparred in federal court Friday over how much disclosure is warranted in a Freedom of Information Act case brought in California over social media monitoring programs.

The ACLU filed the suit in January of 2019, and is seeking records that relate to the U.S. government’s collection and monitoring of social media information for various purposes. In November 2019, Judge Edward M. Chen of the U.S. District Court for the Northern District of California ruled that the FBI couldn’t refuse to confirm or deny the existence of records pertaining to ...

See full article here (subscription required).

See district court’s 2019 decision here.

FOIA News: Ninth Circuit Affirms Denial of Fees re Clinton emails

FOIA News (2015-2024)Allan BlutsteinComment

Ninth Circuit Denies Fees in Hillary Clinton Emails Case

Los Angeles Lawyer Who Was Plaintiff in Seeking Unredacted Documents Is Denied Recompense for Moneys Spent on Legal Representation; Opinion Cites Reasonableness of FBI’s Initial Partial Denial of FOIA Request

MetNews, July 1, 2021

The Ninth U.S. Circuit Court of Appeals yesterday affirmed an order denying attorney fees to a Los Angeles lawyer who successfully challenged the FBI’s refusal to provide an Oct. 30, 2016 search warrant and related documents in its investigation into Hillary Clinton’s email practices while secretary of state from 2009-13.

She allegedly discussed classified documents using her personal email account—which emerged as an issue in the 2016 presidential campaign in which she was the Democratic nominee.

Seeking the fees is E. Randol Schoenberg, best known for his litigation efforts to recover artworks looted by the Nazis under Hitler’s regime.

Read more here.