FOIA News: Free FOIA webinar on May 5

FIRE’s Student Press Freedom Initiative to host free ‘FOIA & Public Records 101’ webinar May 5

By Lindsie Rank, FIRE.org, Apr. 20, 2022

One pivotal tool for journalists — including student journalists covering campus news — is access to public records. 

Now, as part of the Student Press Freedom Initiative’s webinar series for college journalists, we’re bringing you “FOIA & Public Records 101,” a workshop on the basics of requesting records and using them in your reporting.

Click here to register for the webinar, which will take place on May 5 at 4 p.m. EST. The webinar will also be recorded and accessible on FIRE’s YouTube channel for those who can’t make the live event.

Read more here.

FOIA News: Discussion of Second Circuit's Exemption 7(E) decision

Knight First Amendment Institute v. United States Citizenship & Immigration Services: The Second Circuit Speaks

By Bernard Bell, Yale J. on Reg., Apr. 19, 2022

Recently, the Second Circuit issued a significant Freedom of Information Act (“FOIA”) decision construing the FOIA exemption covering law enforcement records that “would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law,” 5 U.S.C. §552(b)(7)(E).  The decision, Knight First Amendment Institute v. U.S. Citizenship & Immigration Services, 2022 WL 1020379 (2d Cir. April 6, 2022)(casetext version here),[1] involved documents redacted for “national security” related purposes, which may well have influenced the outcome.  This post will summarize the decision, and offers a brief commentary.

Read more here.

FOIA News: Podcast on FOIA at the VA

Listen: Modernizing the FOIA Process at Veterans Affairs

GOVCIO Media & Research, HealthCast, Apr. 19, 2022

As America's largest civilian agency, the Department of Veterans Affairs manages one of the country's most substantial Freedom of Information Act (FOIA) programs to provide federal documents to the public upon request. Hear from VA FOIA Director Michael Sarich on how the agency is using new capacities like process automation to expedite the FOIA process and release documents more quickly and efficiently.

Listen to interview here.

FOI News: Celebrity FOIA fight at FBI?

By Eugene Daniels, Politico Playbook, Apr. 19, 2022

WHO IS JANE DOE? — Josh Gerstein writes in: Rulings in Freedom of Information Act suits rarely capture much attention in Washington, but an intriguing decision released Monday allowing a woman to anonymously file such a case against the FBI is prompting curiosity about just who is the “JANE DOE” behind the suit.

The order from U.S. District Court Chief Judge BERYL HOWELL said the case stems from an FBI investigation into allegations that the plaintiff’s “then-husband … physically and verbally assaulted” her and their children while they were traveling on board a private plane “several years ago.”

The facts Howell outlined — including a statement from the FBI confirming an inquiry into the claims and another statement that the inquiry had been concluded without action — track closely with accusations Hollywood star ANGELINA JOLIE leveled at her then-husband BRAD PITT as she filed for divorce from him in 2016.

Read more here

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.