FOIA Advisor

FOIA News (2015-2025)

FOIA News: Agency misspelled words to circumvent FOIA requests, House panel alleges

FOIA News (2015-2025)Allan BlutsteinComment

Health Officials Tried to Evade Public Records Laws, Lawmakers Say

N.I.H. officials suggested federal record keepers helped them hide emails. If so, “that’s really damaging to trust in all of government,” one expert said.

By Benjamin Mueller, NY Times, May 28, 2024

House Republicans on Tuesday accused officials at the National Institutes of Health of orchestrating “a conspiracy at the highest levels” of the agency to hide public records related to the origins of the Covid pandemic. And the lawmakers promised to expand an investigation that has turned up emails in which senior health officials talked openly about trying to evade federal records laws.

The latest accusations — coming days before a House panel publicly questions Dr. Anthony S. Fauci, a former top N.I.H. official — represent one front of an intensifying push by lawmakers to link American research groups and the country’s premier medical research agency with the beginnings of the Covid pandemic.

That push has so far yielded no evidence that American scientists or health officials had anything to do with the coronavirus outbreak. But the House panel, the Select Subcommittee on the Coronavirus Pandemic, has released a series of private emails that suggest at least some N.I.H. officials deleted messages and tried to skirt public records laws in the face of scrutiny over the pandemic.

Read more here.

FOIA News: ICYMI, OIP updates litigation sections of FOIA Guide

FOIA News (2015-2025)Allan BlutsteinComment

On February 27, 2024, the Office of Information Policy posted updated versions of Litigation Considerations Part 1 and Litigation Considerations Part 2 of the Department of Justice Guide to the Freedom of Information Act. In 2023, OIP updated three Guide sections: “Reverse FOIA,” “Exemption 2,” and “Exemption 5.” The Guide’s remaining 20 sections were last revised between 2020 and 2022.

FOIA News: More coverage on FOIA controversy at NIH

FOIA News (2015-2025)Allan BlutsteinComment

FOIA News: NIH advisor evaded FOIA with agency's help, says House report

FOIA News (2015-2025)Allan BlutsteinComment

Explosive emails show top NIH adviser deleted records, used ‘secret’ back channels to help Fauci evade COVID transparency

By Josh Christenson, NY Post, May 22, 2024

A top adviser at the National Institutes of Health (NIH) deleted records critical to uncovering the origins of COVID-19 — and used a “secret back channel” to help Dr. Anthony Fauci and a federal grantee that funded gain-of-function research in Wuhan, China, evade transparency.

NIH senior adviser Dr. David Morens improperly conducted official government business from his private email account and solicited help from the NIH’s Freedom of Information Act (FOIA) office to dodge records requests, according to emails revealed in a memo by the House Select Subcommittee on the Coronavirus Pandemic, which The Post obtained Wednesday.

“[I] learned from our foia [sic] lady here how to make emails disappear after I am foia’d [sic] but before the search starts,” Morens wrote in a Feb. 24, 2021, email. “Plus I deleted most of those earlier emails after sending them to gmail [sic].”

Read more here.

FOIA News: Heritage asks court to speed up Biden-Hur audio case

FOIA News (2015-2025)Allan BlutsteinComment

Conservative group tries to accelerate court fight over Biden-Hur audio

Democrats contend that Republicans want to use the recording as clips for campaign ads.

By Josh Gerstein, Politico, May 17, 2024

A conservative organization is urging a federal judge to speed up a court battle over access to audio recordings of five hours of interviews President Joe Biden had with a special prosecutor who later chose not to recommend criminal charges over allegations Biden mishandled classified information.

Lawyers for the Heritage Foundation argue in a new court filing that Biden’s invocation Thursday of executive privilege in response to a House subpoena for the audio adds urgency to three pending Freedom of Information Act lawsuits seeking the recordings.

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FOIA News: Sunlight for Sale: New Study Exposes Old Flaws in the Freedom of Information Act

FOIA News (2015-2025)Allan BlutsteinComment

Sunlight for Sale: New Study Exposes Old Flaws in the Freedom of Information Act

Was Scalia right about FOIA and its use and misuse?

By JPat Brown, WhoWhatWhy, May 9, 2024

In the March/April 1982 issue of Regulation, the policy periodical then published by the American Enterprise Institute, a 46-year-old University of Chicago law professor (and editor of the magazine) by the name of Antonin Scalia offered his thoughts on the Freedom of Information Act (FOIA). 

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According to a study published this March by journalism professors A.Jay Wagner and David Cuillier, entitled a “Tale of two requesters: How public records law experiences differ by requester types,” much of what Scalia wrote over 40 years ago remains true of both FOIA and its state and local equivalents. 

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FOIA News: Media requests to FDA and SEC portend news stories

FOIA News (2015-2025)Allan BlutsteinComment

Journalists Signal Upcoming Story Lines with FOIA Requests

FOIAengine: Insights From the Latest FDA and SEC Requests 

By Randy Miller, Law Street, Apr. 24, 2024

News media outlets are among the most prolific submitters of FOIA requests to federal agencies. These requests signal – in real time – the stories that journalists are researching and writing. To illustrate this point, we’re summarizing highlights of the hundreds of FOIA requests submitted by media organizations to the Food and Drug Administration and the Securities and Exchange Commission during March (the most recent month for which information is available). 

News Media FOIA Requests to the FDA

Members of the news media submitted 97 FOIA requests to the FDA last month, addressing a range of hot-button issues, including FDA review of Alzheimer’s drugs lecanemab and donanemab; the existence of counterfeit weight loss drugs; information about pharmacies in Pennsylvania providing mifepristone; pharmaceutical manufacturing facilities in India; the use of remdesivir for the treatment of Covid-19; and the Wanabana recall of lead-tainted pouches of apple puree and applesauce. See our March 13 article on Wanabana.

Read more here.