FOIA Advisor

Court opinions issued Jan. 10, 2025

Court Opinions (2025)Allan BlutsteinComment

Cincinnati Enquirer v. DOJ (S.D. Ohio) -- ruling that FBI properly relied on Exemption 7(C) in refusing to confirm or deny the existence of text messages between seven private individuals and a former Cincinnati councilwoman who pled guilty to honest services wire fraud; rejecting plaintiff’s argument that Ohio’s state privacy law limited privacy interests recognized under FOIA; also rejecting plaintiff’s public interest arguments because, among other things, they wrongfully presupposed the existence of records.

Pub. Health & Med. Professionals for Transparency v. FDA (N.D. Tex.) -- denying government’s motion to indefinitely suspend court’s order requiring production of certain COVID vaccine-related records (purportedly one-million pages) by June 30, 2025; rejecting FDA’s argument that the court committed “clear error” in setting schedule, because: (a) the original production schedule was entered three years ago, (b) FDA knew about the existence of the records at issue well before disclosing their existence to plaintiff or the court; and (c) the records were “undoubtedly responsive” to plaintiff’s 2021 request and should have been processed along with other records that were last produced in November 2023; further, rejecting FDA’s argument that a lower production rate—such as the 500-page monthly rate used in multiple cases in the DDC— was justified by “exceptional circumstances,” noting that FDA’s understaffing excuse was based on an astonishing claim that newly trained FOIA personnel needed two years to be fully trained; lastly, rejecting FDA”s assertion that the production schedule would be unduly burdensome, reasoning that plaintiff’s request is “arguably the most important FOIA request in American history” and that FDA has previously “risen to the challenge” to meet the court’s production orders.

Summaries of all published opinions issued in 2025 are available here. Earlier opinions are available for 2024 and from 2015 to 2023.

FOIA News: Dep't of State's 2024 annual FOIA report

FOIA News (2025)Allan BlutsteinComment

The U.S. Department of State has posted its fiscal year 2024 annual FOIA report. Here are the key metrics:

  • Requests received jumped from 15,713 in FY 2023 to 22,306 an increase of nearly 42 percent. This is the second-highest number of requests received by State since FY 2008, exceeded only by its FY 2017 total of 27,852).

  • Requests processed climbed from 12,576 in FY 2023 to 20,775 in FY 2024, an increase of 65 percent

  • Backlogged requests decreased ever so slightly from 21,619 in FY 2023 to 21,615 in FY 2024.

  • Backlogged appeals dropped from 272 in FY 2023 to 126 in FY 2024, a 53.6 percent decrease

  • $0 collected for processing requests.

  • $33.2 million in processing costs; $2 million in litigation-related costs.

  • For all processed perfected requests, 563.92 average days by main DOS for “complex” requests.

  • Ten oldest perfected requests have been pending between 4183 and 4289 days.

Jobs, jobs, jobs: Weekly report Jan. 13, 2025

Jobs jobs jobs (2025)Allan BlutsteinComment

Federal positions closing in the next ten days

Gov’t Info. Specialist, Dep’t of Transportation/FMCSA, GS 9, Wash., DC, closes 1/13/25 (public).

Gov’t Info. Specialist, Dep’t of the Air Force, GS 11-12, multiple locations, closes 1/13/25 (non-public).

Att’y-Advisor, Dep’t of Homeland Sec./USCG, GS 13-14, Wash., DC, closes 1/13/25 (public).

Gov’t Info. Specialist, Dep’t of the Army, GG 12, Fort Meade, MD, closes 1/17/25 (public).

Gov’t Info. Specialist, Dep’t of the Air Force, GS 9, Hulbert Field, FL, closes 1/17/25 (non-public).

Gov’t Info. Specialist, Dep’t of the Army. GS 13, Ft. Belvoir, VA, closes 1/20/25 (non-public).

Gov’t Info. Specialist, Dep’t of State, GS 9, Rosslyn, VA, closes 1/21/24 or first 50 applications (non-public).

Federal positions closing on or after Jan. 24, 2025

Gov’t Info. Specialist, Dep’t of Health & Human Serv./FDA, GS 13, Rockville, MD, closes 1/24/25 (non-public).

Gov’t Info. Specialist, Dep’t of the Treasury/IRS, GS 14, nationwide locations, closes 1/24/25 (non-public).

Att’y-Advisor, Dep’t of Transportation/PHMSA. GS 14, Wash., DC, closes 2/10/25 (public).

Att’y Advisor, Dep’t of Justice/Pardon, GS 13-15, Wash., DC, open until filled (public).

Court opinions issued Jan. 8, 2025

Court Opinions (2025)Ryan MulveyComment

Wade v. Dep’t of Def. (D.D.C.) — dismissing pro se lawsuit, ostensibly brought under FOIA, for failing to “indicat[e] in the complaint or otherwise that [the plaintiff] had submitted FOIA requests to the relevant agency seeking the documents at issue.”

Gelb v. Dep’t of Def. (D.D.C.) — among other things, granting the government’s motion for summary judgment and ruling that (1) the requester could not bring FOIA claims against the Secretary of Defense and DOD’s Chief FOIA Officer in their individual capacities, and, more notably, (2) that the Defense Finance and Accounting Service was not obliged to “create a computer program that obtains and synthesizes information from multiple databases to create a record that does not otherwise exist,” namely, a “report of all stale-dated checks and EFT payments worth $100,000 or more, issued between 2017 and 2020, that remain uncashed,” as that would entail record creation, “which the FOIA does not require.”

Summaries of all published opinions issued in 2025 are available here. Earlier opinions are available for 2024 and from 2015 to 2023.

FOIA News: Professor argues for a privately-funded FOIA Commission

FOIA News (2025)Allan BlutsteinComment

A business professor from California State Polytechnic University has proposed the creation of n independent FOIA commission led by “FOIA Fellows—professionals from the private sector, such as technologists, lawyers, organizational managers, and journalists, who rotate into short-term government fellowships.” FOIA Fellows would be be funded “by wealthy private parties that have an interest in preserving and protecting democracy and transparency, such as individuals like Elon Musk or organizations like George Soros’ Open Society.”

See Jack Wroldsen, FOIA Fellows as Freedom Fighters: An Independent and Privately Funded FOIA Commission of Rotating Professionals (Oct. 31, 2024). 108 Marquette L. Rev. (forthcoming 2025), available at SSRN: https://ssrn.com/abstract=5043146 or http://dx.doi.org/10.2139/ssrn.5043146.

FOIA News: MuckRock asks federal agencies about their efforts to use AI in FOIA

FOIA News (2025)Kevin SchmidtComment

We asked federal agencies about their efforts to use AI in FOIA

By Dillon Bergin, MuckRock, Jan. 8, 2025

We want to know more about how federal agencies are using AI initiatives in the FOIA process, described in their yearly Chief FOIA Officer Reports. We’re asking them for the docs.

We’ve filed requests to several agencies for documents related to AI testing in their FOIA offices, including contracts with third party vendors and assessments or audits of the programs so far. To follow along as agencies respond, you can check out our AI in FOIA page, home to all the requests, articles and updates.

Read more here.

Commentary: Top 2024 FOIA news

FOIA Commentary (2025)Allan BlutsteinComment

As 2025 gets underway, the FOIA Advisor staff is pleased to provide a summary of the most notable FOIA developments that occurred outside the courtroom in 2024. We will discuss our top 2024 court decisions in a forthcoming post.

Legislation

On June 3, 2024, U.S. Representative Mike Quigley (IL-05) re-introduced the Transparency in Government Act, H.R. 8597, which would require agencies to, among other things, post all FOIA-disclosed records online, affirmatively disclose additional records, and conduct a public interest balancing test in addition to assessing foreseeable harm. No action has been taken on the bill since its introduction and referral to several committees.

On July 23, 2024, Congressman Adam Schiff introduced the “Judicial FOIA Expansion Act,” H.R. 9108, which would permit the public to request records from federal courts through the same process used for federal agencies. The bill was referred to the House Oversight Committee on the same date. No further actions have been taken. Read FOIA Advisor’s commentary on the bill here.

Regulatory updates

By our count, four agencies proposed changes to their FOIA regulations in calendar year 2024 that have not yet been finalized: Council on Environmental Quality; Federal Election Commission; Office of the Comptroller of the Currency; and Selective Service System.

Five agencies issued final rules amending their FOIA regulations in calendar year 2024: Social Security Administration; Defense Nuclear Facilities Safety Board; Postal Regulatory Commission; Office of Management and Budget; and Peace Corps. The Department of Education and the Department of Defense also issued technical corrections in early 2024 to rules they finalized in 2023.

Federal FOIA Advisory Committee

The FOIA Advisory Committee for the 2022-2024 term wrapped up its business with the issuance of its final report on June 13, 2024. In sum, the Committee made 16 recommendations to the Archivist. Several recommendations pertained to “improvements in staffing, training, and technology.” The Committee also addessed “best practices aimed at improving dialogue with individual FOIA requesters, as well as with the FOIA community and civil society at large.”

The Committee’s 2024-2026 term convened its first two meetings in September 2024 and created three subcommittees to advance the Committee’s work: Implementation Subcommittee; Statutory Reform Subcommittee; and Volume and Frequency Subcommittee. FOIA Advisor’s Ryan Mulvey co-chairs the Statutory Reform Subcommittee.

Other agency actions

Stories of interest

We typically do not post news stories about the filing of FOIA requests or stories that are based on records obtained via FOIA. But some are too quirky or consequential to ignore entirely. Here are a few that captured our attention in 2024.