FOIA News: ICYMI, DOJ updates two sections of FOIA Guide

The Department of Justice’s Office of Information Policy recently updated two section of its Guide to the Freedom of Information Act: Exemption 2, which was updated on September 29, 2020; and Fees and Fee Waivers, which was updated on September 16, 2020.

FOIA News: DOJ tells court that Trump tweet was not a declassification order

DOJ: Trump's 'total declassification' of Russiagate docs has no effect

DOJ attorneys told a judge that the White House Counsel's Office effectively told DOJ to disregard Trump's tweets on the matter.

By Kyle Cheney, Politico, Oct. 13, 2020

What happened: When Donald Trump tweeted last week that he authorized the "total declassification of any & all documents" related to the long-running Russia investigation and Hillary Clinton's emails — "No redactions!" he tweeted — he really didn't mean it, the Justice Department argued in court Tuesday.

DOJ attorneys told a judge that the White House Counsel's Office effectively told DOJ to disregard Trump's tweets on the matter. They weren't accompanied by an actual declassification order, and DOJ will proceed as though the tweets hadn't occurred, continuing to redact and release documents at its discretion.

Read more here.

FOIA News: Trump tweet may lead to more Mueller Report disclosures

Judge orders DOJ to say whether Trump declassification tweets mean full Mueller report should be disclosed

By Jerry Dunleavy, Wash. Exam’r, Oct. 9, 2020

The federal judge handling a Freedom of Information Act lawsuit seeking access to an unredacted version of former special counsel Robert Mueller’s report ordered the Justice Department to speak with the White House about whether President Trump’s recent tweets about Russia-related declassifications mean the 448-page report should be released in full.

Read more here.

FOIA News: OIP is hiring FOIA attorneys

The Department of Justice’s Office of Information Policy (OIP) is looking to hire “multiple FOIA Attorneys to work on OIP’s Administrative Appeals Staff,” according to a vacancy announcement issued on October 8, 2020. The application deadline is October 29, 2020.

FOIA News: OIP announces agency reporting deadlines

ANNOUNCING UPCOMING FOIA REPORTING DEADLINES

DOJ/OIP, FOIA Post, Oct. 7, 2020

October marks the end of Fiscal Year 2020 and the beginning of the FOIA reporting season.  Today, the Office for Information Policy (OIP) is announcing the deadlines for the submission of agencies' Fiscal Year 2020 Annual FOIA Reports, Fiscal Year 2021 Quarterly FOIA Reports, and 2021 Chief FOIA Officer Reports, along with updated resources. 

These three reports serve a vital role in illustrating the steps taken and the progress made by agencies in administering the FOIA, and provide valuable information about how agencies promote efficiency, make more information available proactively, and use technology to improve FOIA administration.

Read more here.

FOIA News: DOJ-OIP Releases Updated List of Exemption 3 Statutes

The Department of Justice Office of Information Policy has published an updated list of statutes found to qualify under FOIA Exemption 3 as grounds for withholding.

FOIA News: FDA wins Exemption 4 case

FDA Redactions Upheld in FOIA Suit for Drug Approval Documents

Maeve Allsup, Bloomberg Law, Oct. 6, 2020

• Journalist sued for information on accelerated drug approval

• High court ruling outlined requirements for confidential documents

The Food and Drug Administration correctly redacted documents regarding the approval of a drug based on a Supreme Court ruling regarding the application of the Freedom of Information Act, a federal judge in New York said Tuesday.

Charles Seife, a science writer and journalism professor sued the agency under FOIA in the U.S. District Court for the Southern District of New York, seeking records related to the accelerated approval of eteplirsen, a drug created by Sarepta Therapeutics Inc. for the treatment of a rare neuromuscular disease.

Read more here (accessible with subscription).

FOIA News: OSHA to pay $120k to settle cases involving injury & illness reports

OSHA Agrees to Pay $120,000 to Settle Employer Data FOIA Cases

By Bruce Rolfsen, Bloomberg Law, Oct. 2, 2020

• Agency forced to release records in two cases

• Agreement with plaintiff still needs court approval

The Occupational Safety and Health Administration’s failed court battle to prevent the public release of employers’ annual injury and illness reports could cost taxpayers $120,000, with another litigation bill expected in a similar case.

An Oct. 1 stipulation filed at an Oakland, California, U.S. court by Department of Labor and the Center for Investigative Reporting says the government has agreed to pay the nonprofit news organization $120,000 to cover litigation costs for two lawsuits against OSHA. Neither settlement has received court approval.

Read more here (accessible with subscription).

FOIA News: WaPo looks at COVID-related FOIA delays

Public records requests fall victim to the coronavirus pandemic

By Nate Jones, Wash. Post, Oct. 1, 2020

With most government employees still working from home because of the coronavirus pandemic, the disclosure of public records by many federal agencies and local government offices nationwide has worsened or even ground to a halt.

When the pandemic was declared in early March, many employees at local, state and federal agencies abandoned their offices and began working remotely. Employees tasked with answering open-records requests have been forced to rely on telework computer systems that are often incompatible with the software used to process records requests.

Read more here.

FOIA News: OGIS examines performance measures for non-FOIA professionals

The Office of Government Information Services has issued an assessment of FOIA performance measures for non-FOIA professionals. The assessment was undertaken in response to a recommendation from the 2016-2018 term of the FOIA Advisory Committee.