FOIA News: Following lawsuit, Pentagon agrees to process requests from Stars & Stripes reporter

DOD agrees to give reporter public records through FOIA but not day in court

By Alison Bath, Stars & Stripes, Apr. 25, 2022

An airman files records in Port Orchard, Wash., March 9, 2022. The Defense Department in a recent court filing agreed to fulfill 15 Freedom of Information Act requests it previously denied to a Stars and Stripes journalist. (Jason Kriess/U.S. Army)

The Defense Department has agreed to fulfill 15 Freedom of Information Act requests it previously denied to a journalist because he worked for a military publication.

In a court filing last week, the DOD, the Department of the Navy, the Marine Corps and U.S. Central Command said they will no longer refuse Stars and Stripes reporter Chad Garland’s requests for public records made through FOIA requests filed from August 2020 through August 2021.

The department did not say why it suddenly changed course in the filing Wednesday, which came about two weeks after its lawyers filed an answer to Garland’s lawsuit and appeared ready to litigate.

Read more here.

FOIA News: Chief FOIA Officers Council meeting held on 4/21/22

For those that missed the CFO Council meeting on Thursday, we are posting the recording, presentation slides, and agenda.

FOIA News: ICYMI, FBI ordered to speed up processing of Civil War gold docs

Judge Orders FBI to Produce Records on Civil War Gold Hunt

A federal judge has ordered the FBI to speed up the release of records about the agency’s search for buried Civil War-era gold in Pennsylvania.

By Michael Rubinkam, AP, Apr. 18, 2022

The FBI might not have found any Civil War-era gold at a remote woodland site in Pennsylvania — but it's definitely got records of the agency's 2018 dig, and will soon have to turn them over to a father-son pair of treasure hunters.

A federal judge has ordered the FBI to speed up the release of records about the search for the legendary gold, ruling Monday in favor of Finders Keepers, the treasure hunting outfit that led FBI agents to the remote site. The group accuses the Justice Department of slow-walking their request for information.

The FBI must turn over 1,000 pages of records per month, starting in 30 days, and the first batch of records must include a key report sought by Finders Keepers, U.S. District Judge Amit P. Mehta ordered.

Read more here.

Court opinion issued Apr. 19, 2022

Property of the People v. DOJ (D.D.C.) -- following in camera review of 50 sample documents concerning Donald Trump before his presidential campaign, ruling that FBI was not required to expend “considerable” resources in order release non-exempt information because “it would result in negligible, if any, meaningful information going to Plaintiffs.”

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

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

Court opinions issued Apr. 13-14, 2022

Apr. 14, 2022

Vollmann v. DOJ (D.D.C.) -- finding that plaintiff was both eligible for and entitled to attorney’s fees regarding his pursuit of records concerning himself, but reducing amount of the award due to excessive time and excessive hourly rates charged.

Apr. 13, 2022

Buzzfeed Inc. v. DOJ (D.D.C.) -- determining that plaintiff was eligible for attorney’s fees because DOJ had been ordered to produce one email by a certain date, but that plaintiff was not entitled to fees because DOJ’s untimely response was reasonably excused by its backlog of prior FOIA requests and the breadth of plaintiff’s request.

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