FOIA News: ICYMI, Senators seek publication of DOJ OLC legal opinions

DUCKWORTH, LEAHY RE-INTRODUCE BILL TO STRENGTHEN OVERSIGHT OF EXECUTIVE BRANCH & INCREASE TRANSPARENCY

Press Release, Sen. Tammy Duckworth, Mar. 16, 2022 

Today, during the News Leaders Association's annual Sunshine Week that aims to promote transparency across our government, U.S. Senators Tammy Duckworth (D-IL) and Patrick Leahy (D-VT) re-introduced legislation—the Demanding Oversight and Justification Over Legal Conclusions Transparency Act (DOJ OLC Transparency Act)—to strengthen oversight over the Executive Branch and increase government transparency by requiring the U.S. Department of Justice’s (DOJ) Office of Legal Counsel (OLC) to publicly disclose all past legal opinions, as well as any it produces moving forward. Too often, legal opinions provided by the DOJ OLC are treated as binding by federal agencies, even though neither Congress nor the American public have access to all of these legal interpretations, which also have no Congressional or judicial oversight. In the past, secret DOJ OLC opinions have been used to justify torture and the claim that the President cannot be indicted while in office dates back to a famous Nixon-era OLC publication. 

Read more here.

FOIA News: IRS dropping search charge for records at Federal Records Centers

The Internal Revenue Service will no longer charge one-half of search time when a FOIA request seeks records that are maintained at a Federal Records Center, according to interim guidance issued by the agency on March 16, 2022.

FOIA News: FOIA Tech workshop on 3/31/22

FOIA TECH SHOWCASE FOLLOW UP WORKSHOP FOR AGENCIES

By DOJ/OIP, FOIA Post, Mar. 17, 2022

The Office of Information Policy (OIP) is pleased to announce a workshop for agencies as a follow up to the NextGen FOIA Tech Showcase held in February 2022.  During last month’s Showcase, 18 private-sector vendors convened virtually to share potential solutions for all aspects of FOIA administration.  Our follow-up workshop will offer government FOIA professionals a separate opportunity to share their experiences and ask questions about various technologies used by agencies for FOIA administration. 

The workshop will be held virtually on Thursday, March 31, 2022, from 1:00 – 3:00 PM EST.  A panel of agency representatives will discuss their experiences using different types of FOIA technologies, but attendees are encouraged to actively participate in asking questions and sharing their own experiences. 

This event is open to federal agency employees only.  Registration is required on Eventbrite.  All attendees must register by 11:59 PM EST on Tuesday, March 29, 2022.  Registered users will receive access instructions. 

Court opinion issued Mar. 15, 2022

Swick v. U.S. Dep’t of the Army (D.D.C.) -- following multiple rounds of summary judgment, determining that the Army had satisfied plaintiff’s request for her personnel records and performed a reasonable search for test results related to plaintiff’s psychiatric report.

Summaries of all published opinions issued since April 2015 are available here.

FOIA News: Lawmakers ask GAO to review FOIA compliance

Grassley Joins Bipartisan, Bicameral Leaders Seek GAO Review Of FOIA Compliance At Federal Agencies

News Release, Office of Sen. Grassley, Mar. 16, 2022

Sen. Chuck Grassley (R-Iowa), Ranking Member of the Senate Judiciary Committee, joined Reps. Carolyn Maloney (D-N.Y.), Chairwoman of the Committee on Oversight and Reform, James Comer (R-Ky.), Ranking Member of the Committee on Oversight and Reform, Sen. Dick Durbin (R-Ill.), Chairman of the Senate Judiciary Committee, Sens. Patrick Leahy (D-Vt.) and John Cornyn (R-Texas) to send a letter to the Government Accountability Office (GAO) requesting that it conduct a comprehensive study of systemic issues faced by federal agencies in fulfilling their obligations under the Freedom of Information Act (FOIA).

“FOIA is crucial for ensuring transparency and accountability in government, but persistent challenges continue to limit citizens’ ability to access to information under the statute,” the members wrote.

Read more here.

Court opinions issued Mar. 14, 2022

Sabra v. U.S. Customs & Border Prot. (D.D.C.) -- deciding that agency did not carry its burden to show that it adequately searched for records concerning plaintiff, because it failed to invoke magic words that all locations likely to contain responsive records were searched.

Pejouhesh v. USPS (D.D.C) -- ruling on renewed summary judgment that: (1) agency failed to justify using Exemption 7(C) to withhold arrest warrant affidavit, because the criminal docket for plaintiff’s prosecution appeared to contain same document in unreacted form; (2) upon ex parte, in camera review, agency properly withheld an operation plan pursuant to Exemption 7(E); and (3) no evidence exists that agency failed to include any documents in its Vaughn Index.

Jackson v. DHS (D. Idaho) -- dismissing pro se prisoner’s complaint in light of the “fanciful nature of the allegations underlying his FOIA requests,” which sought “government records related to transforming inmates into zombie slaves.”

Summaries of all published opinions issued since April 2015 are available here.

FOIA News: Sen. Joni Ernst Introduces "The Watchdog Act"

Exclusive: Sen. Joni Ernst to introduce new bill to improve transparency in government

By Kristine Frazao, ABC4, Mar. 15, 2022

She is planning to introduce a new bill on Wednesday she calls "The Watchdog Act."

"It establishes a Director of Open Government, or DOG watchdog in the White House," said Ernst. "That position would be funded with already existing dollars that are at the Office of Management and Budget. This director would coordinate those activities and make sure citizens know where they can go to access information."

Read more here.

Sen. Ernst also published about the issue in an op-ed in Newsweek here.

FOIA News: AG issues FOIA memo

Attorney General Merrick B. Garland Issues New FOIA Guidelines to Favor Disclosure and Transparency

By DOJ, Office of Public Affairs, Mar. 15, 2022

To mark the start of Sunshine Week, Attorney General Merrick B. Garland issued comprehensive new Freedom of Information Act (FOIA) guidelines today that strengthen the federal government’s commitments to transparency in government operations and the fair and effective administration of FOIA.

The Attorney General’s guidelines, which were announced in a memorandum, direct the heads of all executive branch departments and agencies to apply a presumption of openness in administering the FOIA and make clear that the Justice Department will not defend nondisclosure decisions that fail to do so. The guidelines also emphasize that the proactive disclosure of information is fundamental to the faithful application of the FOIA and note the Justice Department’s efforts to encourage proactive agency disclosures, including by providing more specific criteria regarding how relevant metrics should be reported in agency Annual FOIA Reports, as the Government Accountability Office recommended.

Read more here.

Related Wall Street Journal Street article here.

FOIA News: Recap of DOJ's Sunshine Week event

DOJ KICKS OFF SUNSHINE WEEK WITH ITS ANNUAL CELEBRATION EVENT

DOJ/OIP, FOIA Post, Mar. 14, 2022

The Office of Information Policy (OIP) celebrated its annual kick-off to Sunshine Week virtually on March 14, 2022.  The event featured remarks from Associate Attorney General Vanita Gupta and Office of Information Policy Director Bobak Talebian, as well as the presentation of the 2021 Sunshine Week FOIA Awards.

The livestreamed event began with keynote remarks from the Associate Attorney General, who emphasized “the fundamental importance of access to government information and an engaged citizenry to our democracy.”  Associate Attorney General Gupta shared that in her own work outside of government, she has “relied on the FOIA’s disclosure mandates” and “seen firsthand the critical role that the FOIA plays in ensuring the public’s access to government records.”

Read more here.

FOIA News: State Dep't will release Hunter Biden emails to NYT next month

The State Department said it'll hand over emails mentioning Hunter Biden to the New York Times

By Jacob Shamsian, Business Insider, Mar. 14, 2022

• The State Department said it'll give the New York Times records regarding Hunter Biden.

• The Times sued the agency in January after it allegedly slow-walked a records request.

• A lawyer for the Times said the State Department will start handing over records in April.

The US Department of State said it'll hand over email records mentioning Hunter Biden to the New York Times after the publication sued the federal agency.

In a court filing Friday, David McCraw, a lawyer representing the New York Times, wrote that the State Department had begun identifying records the Times requested through the Freedom of Information Act (FOIA) and agreed to give them to the Times starting in April.

Read more here.