FOIA News: Second Circuit finds post-9/11 congressional ‘torture’ report not subject to FOIA

Second Circuit finds post-9/11 congressional ‘torture’ report not subject to FOIA

By Nika Schoonover, Courthouse News Service, Aug. 5, 2024

A report produced by Congress on the CIA’s post-9/11 detention and interrogation program is not covered by the federal freedom of information law, a Second Circuit panel found Monday.

In the aftermath of the terrorist attacks of September 11, 2001, the Senate Select Committee on Intelligence generated a report on the Detention and Interrogation Program conducted by the CIA. The committee then transmitted the report to various agencies covered under the federal Freedom of Information Act.

Read more here.

FOIA News: This and that

• A prominent economist has sued the IRS for failing to respond to his FOIA request concerning his failed bank. See Aliss Higham, IRS Sued by Economist After His Bank Was Shut Down, Newsweek, Aug. 1, 2023.

• The U.S. Secret Service has unsurprisingly denied several requests from Judicial Watch pertaining to the attempted assassination of former President Trump. In a press release issued on July 31st, Judicial Watch unsurprisingly threatened to bring suit.

• DOJ’s Office of Information Policy has updated its summary of court decisions through July 3, 2024.

• NARA’s Office of Government Information Services has posted the minutes and transcripts of all the 2024 meetings held by the federal FOIA Advisory Committee.

• The FBI recently posted a 1998 threat assessment pertaining to Justice Ruth Bader Ginsburg, as well as records from its background investigation conducted prior to her 1993 confirmation.

FOIA News: Interior-BLM responds to backlog complaints

Stone-Manning says BLM trying to reduce FOIA backlog

But a leader with PEER said the agency isn’t taking sufficient steps to provide information more quickly.

By Scott Streater, E&E News, July 24, 2024

The head of the Bureau of Land Management acknowledged in a recent letter to a conservation group that the agency has a problem responding to open records requests, but said officials are taking substantive steps to resolve the issue.

BLM Director Tracy Stone-Manning, in a letter sent last week to Public Employees for Environmental Responsibility, wrote that the bureau this year has implemented a series of moves designed to whittle down a Freedom of Information Act backlog of nearly 1,600 requests.

But PEER Rocky Mountain Director Chandra Rosenthal wrote Wednesday in a blog post on the watchdog group’s website that the moves outlined in Stone-Manning’s letter are “equivalent to trying to reduce an iceberg one ice cube at a time.”

Read more here (subscription required).

FOIA News: Reminder of OGIS open meeting

The Office of Government Information Services is hosting its annual Open Meeting virtually at 10AM on Wednesday, July 24, 2024. An agenda is available here. A livestream is available here.

FOIA News: House bill seeks to extend FOIA to the judiciary

Adam Schiff, a Democrat who serves on the U.S. House Judiciary Committee, has introduced a bill—the Judicial FOIA Expansion Act—that would subject the judicial branch to unlimited FOIA requests.

Read Congressman Schiff’s press release here.

FOIA News: DOJ defends withholding of Biden audio

DOJ rejects outside groups’ efforts to FOIA Hur tapes

By Ashley Oliver, Wash. Exam’r, July 19, 2024

The Department of Justice is fighting efforts from several groups to obtain audio recordings of the interview former special counsel Robert Hur conducted with President Joe Biden last year, according to court documents filed Thursday evening.

DOJ attorneys wrote that there is “no basis” under the Freedom of Information Act for the department to provide the recordings of Biden’s interview, an argument that comes after the department released the transcript of it in March.

Read more here.

FOIA News: Changes upcoming at FOIA Advisor

Dear Valued Readers:

FOIA Advisor was launched in 2015 as a non-commercial forum designed to help the public learn more about the law and to aid FOIA practitioners. We’re excited to announce that we’ll be transitioning to a subscription site by September 30, 2024, a move aimed at enhancing your experience and the quality of content we deliver. Stay tuned for further details.

Thank you for your continued support.

FOIA News: OIP updates FOIA.gov search tool

FOIA.gov Search Tool Adds Law Enforcement User Journey

DOJ/OIP, FOIA Post, July 18, 2024

FOIA.gov, the government’s central resource for information about the Freedom of Information Act (FOIA) now includes additional functionality to help users locate commonly requested law enforcement and related records.  The FOIA.gov Search Tool was updated to add a “Law Enforcement records” pre-defined user journey that helps the public more quickly locate commonly requested information.  This user journey supplements the existing journeys that help users identify agencies with some of the most common types of requested records, including Immigration/Travel records, Tax records, Social Security records, Medical records, Personnel records, and Military records. The new Law Enforcement records user journey not only helps requesters identify the multitude of federal law enforcement agencies subject to the FOIA, but also provides useful guidance for those seeking state and local records.

Read more here.

FOIA News: This and that

• The FBI’s latest updates to its document library (the “Vault”) include files on Henry Hill (from “Goodfellas” movie fame) and the Girl Scouts.

• Does Dr. Ruth, who died on July 12, 2024, have an FBI file? A curious requester wants to know.

• DOJ’s National Security Division announced a vacancy for an attorney to primarily handle FOIA matters.

• The U.S. Secret Service has posted information about 2024 candidate protection.

• The Michigan Law Review posted an essay about recent Exemption 4 case law.

• The U.S. Postal Service likens the FOIA to the tango in an agency news clip.

FOIA News: ICYMI, CRS issues updated FOIA overview

On June 27, 2024, the Congressional Research Service issued an updated version of The Freedom of Information Act (FOIA): A Legal Overview. The sixth version of CRS’s overview is 61 pages long with 513 footnotes.