FOIA News: DDC to hear FOIA argument tomorrow re: Prince Harry

On June 6, 2023, the U.S. District Court for the District of Columbia will entertain arguments as to whether the Heritage Foundation is entitled to expedited processing of its FOIA request to the U.S. Department of Homeland Security seeking access to the Alien File of Prince Harry, the Duke of Sussex. Copies of the docket and the shamefully long complaint are available here.

FOIA News: Commerce updates FOIA regs

The U.S. Department of Commerce has issued a final rule amending its FOIA regulations without public comment effective June 5, 2023. The amendments reflect changes related to the Department’s transition to a new FOIA case management system, correct cross-references to its FOIA regulations, and update the contact information for the Office of Inspector General.

FOIA News: Draft FOIA tech standards to be issued "early this summer" for public comment

DOJ OIP leads effort to set FOIA tool tech standards across government

By Jory Heckman, Fed. News Network, June 2, 2023 

The Justice Department’s Office of Information Policy is leading a governmentwide effort to set technology standards for tools agencies use to manage a growing volume of Freedom of Information Act (FOIA) requests.

DOJ OIP is leading an interagency working group setting standards for FOIA case management, along with National Archives and Records Administration’s Office of Government Information Service and the General Services Administration Office of Shared Services and Performance Improvement.

The working group expects to have a draft baseline version of the business standards available for public comment early this summer, and anticipates finalizing the business standards later this calendar year.

Read more here.

FOIA News: New OGIS resources

In case you missed it, the Office of Government Information Services has posted two new resources on its website. The first is an Ombuds Observer on the decommissioning of FOIAonline. The second resource is an Issue Assessment Recommendations and Best Practices table.

Read more here.

FOIA News: OGIS to hold annual meeting on June 13

On June 13, 2023, the Office of Government Information Services will hold an open meeting to discuss its reviews and reports, as required by the FOIA statute. Written comments for the meeting will be accepted 30 days before and 30 days after the meeting. Registration information and a livestream link are currently available here; the agenda and presentation slides are forthcoming.

FOIA News: Frustrated requester sounds off in op-ed

Making a Federal FOIA Request? Good Luck!

By Pete McGinnis, Townhall,  May 28, 2023

FOIA is the acronym for the Freedom of Information Act (FOIA), or it was when it became law in 1966. Since then, it’s come to stand for Feds Obfuscating, Impeding and Abusing. One of the first “open government” laws in the world often just highlights federal agencies shirking transparency and continuing dysfunction.

Read more here.

FOIA News: FOIA Advisory Committee meets on June 8, 2023

The 2022-2024 term of the Federal FOIA Advisory Committee will hold its fifth meeting on Thursday, June 8, 2023, at 10:00am. Meeting materials and registration information are available here.

FOIA News: DOJ argues DEA not an "agency"

DOJ Tells Court DEA Is Not An “Agency” For FOIA Purposes

By Sam Reisman, Law360, May 23, 2023

The U.S. Department of Justice on Monday told a Texas federal judge that the Drug Enforcement Administration is not an agency for the purposes of the Freedom of Information Act.

Read more here (accessible with free 7-day trial).

FOIA News: Academic explores FOIA decisions of SCOTUS

A professor at the University of Georgia explores the U.S. Supreme Court’s FOIA decision-making in a forthcoming work entitled “Government Transparency and Judicial Deference: An Outcomes-Based Overview of Freedom of Information Act Litigation in the U.S. Supreme Court.” The author, Gbemende Johnson, summarizes her work in an abstract recently posted by SSRN:

This chapter explores U.S. Supreme Court decision-making in Freedom of Information Act Litigation. While few FOIA requests result in litigation, the Supreme Court plays a central role in providing guidance to agencies and requesters regarding executive branch autonomy over disclosure decisions, and the scope of transparency afforded by the Freedom of the Information Act. Overall, I find that the U.S. Supreme Court exhibits a substantial degree of deference to agency interpretations of the FOIA.

See full abstract here.

FOIA News: Federal Court Rejects FBI’s Attempt To Glomar Its Way Out Of A Trump-Related FOIA Lawsuit

Federal Court Rejects FBI’s Attempt To Glomar Its Way Out Of A Trump-Related FOIA Lawsuit

By Tim Cushing, Techdirt, May 16, 2023

The Massachusetts branch of the ACLU decided to ask around to see if any of the many agencies generating classified documents had a copy of this supposed standing order from the President. It sent FOIA requests to the CIA, Defense Department, Office of the Director of National Intelligence (ODNI), NSA, DHS, the National Reconnaissance Office, and the National Geospatial-Intelligence Agency (NGA). It also made the same request to the FBI, shortly after it performed its raid on Trump’s residence.

The DHS, NRO, and NGA told the ACLU they had no responsive documents. Other recipients apparently decided to let the FBI and its legal counseI answer for them. And that “answer” came in the form of a Glomar response: a refusal to confirm or deny the existence of this standing order. The ACLU sued.

And it has won, at least in terms of the FBI’s non-response response. The federal court handling the FOIA litigation says the FBI can’t play dumb here. Either the order exists (it doesn’t) or it doesn’t (it doesn’t), and the FBI — answering for other agencies — needs to tell the ACLUM whether or not the order exists. (It doesn’t.)

Read more here.

See also Court Opinions Issued May 11, 2023.