FOIA News: This and that

• The FBI’s “Vault” has posted material on comedian Richard Pryor, U.S. Senator John Glenn, Defense Secretary Donald Rumsfeld.

• Bloomberg reported that the FBI agents and FOIA staff are working overtime to review Jeffrey Epstein files.

• See the following article for tips on making FOIA requests to improve nonprofit grant applications.

• DOJ/OIP has collected and posted agency Chief FOIA Officer Reports for 2025 here.

• The Office of Government Information Services has posted a profile of federal FOIA Advisory Committee member Margaret Kwoka.

FOIA News: DOGE releases records retention policy in ongoing FOIA battle

As it stands, FOIA Advisor has identified four pending lawsuits that involve a fight over whether the White House’s Department of Government Efficiency, or “DOGE,” is an “agency,” as defined at 5 U.S.C. § 552(f)(1). In one of those lawsuits—American Oversight v. U.S. DOGE—the requester has moved for a preservation order. The government filed its opposition to that motion on Thursday evening. DOGE’s argument focuses on its claimed status as a non-agency component of the Executive Office of the President, which would make it subject to the Presidential Records Act. It also highlighted existing efforts to preserve records pursuant to an official records retention policy and a litigation hold. Notably, DOGE filed a copy of its records retention policy, which appears to have gone into force at the beginning of the week—March 25, 2025.

FOIA News: Roughly 58,000 documents at issue in CREW's DOGE FOIA suit

According to a notice filed on Thursday evening, the government estimates that “approximately 58,000 documents” maintained by the U.S. DOGE Service are responsive to a FOIA request being litigated by Citizens for Responsibility & Ethics in Washington. DOGE explained it “has not yet been able to conduct a review for responsiveness, and deduplication.” The parties continue to contest whether DOGE is an “agency” for purposes of the FOIA, but the presiding judge has already denied the government’s recent motion for reconsideration on that very question, thus leaving in place a preliminary injunction compelling DOGE to process CREW’s request for the time being. FOIA Advisor has previously covered developments in this case. Just over a week ago, DOGE filed its motion for summary judgment, which should be decided on an expedited basis.

FOIA News: ASAP's Sunshine Week Webinar on "FOIA Court Cases"

The American Society of Access Professionals has published a video recording of its recent Sunshine Week webinar on developments in FOIA caselaw. The presenters were FOIA Advisor’s own Ryan Mulvey (who also serves as ASAP President), and Michael Heise of the U.S. Equal Employment Opportunity Commission. A complete list of the cases covered in the webinar, with summaries and citations, can be found here.

FOIA News: Recent trends with FOIA requests

News Media and Non-Profits Probe New Trump Initiatives

FOIAengine: Leading Topics Include DOGE, Executive Orders and Confidential Data

By Randy Miller, Law St. Media, Mar. 26, 2025

As President Donald Trump moves quickly to implement his ambitious agenda, media organizations and non-profits are accelerating and sharpening their use of Freedom of Information Act requests in an attempt to find out more.  FOIA requests from both groups have become increasingly specific and more expansive in terms of the records sought, according to a new PoliScio Analytics analysis of newly released February requests.

The groups’ most recent FOIA requests to federal agencies seek such things as various agencies’ plans for implementing Trump’s executive orders; the extent to which the Department of Government Efficiency has access to (and use of) confidential data; agencies’ interactions and contractual agreements with DOGE; and internal communications about the firing and hiring of government employees.

Read more here.

FOIA News: Another DOGE FOIA lawsuit enters the mix

DOGE Keeps Trying to Dodge the Freedom of Information Act. So We’re Suing.

Shawn Musgrave, The Intercept, Mar. 24, 2025

The Intercept filed a lawsuit on Monday to force the Trump administration to comply with federal transparency law when it comes to the so-called Department of Government Efficiency.

The lawsuit, filed in Manhattan federal court under the Freedom of Information Act, concerns multiple FOIA requests for DOGE records. At first, DOGE simply ignored these requests while Elon Musk’s crew ransacked federal agencies and accessed sensitive data systems.

Then last Tuesday, DOGE sent a brief email to The Intercept claiming it was not subject to FOIA at all because of the way President Donald Trump established DOGE by executive order in January. “We therefore decline your request,” reads the unsigned email.

So we’re suing.

The Intercept’s lawsuit covers five different FOIA requests sent to DOGE since early March.

Read the rest here.

[RPM Comment: The Intercept’s complaint can be found here. Notably, while all the prominent litigation related to DOGE and FOIA to date has been brought in the District of the District of Columbia, this new lawsuit has been filed in the Southern District of New York. Keep an eye out for possible divergent rulings when these cases make their way up to the D.C. and Second Circuits!]

FOIA News: House Dems update FOIA guide (link updated)

Last week, the Democratic members of the U.S. House ‘s Committee on Oversight and Government Reform issued a partially updated edition of A Citizen’s Guide to Using the Freedom of Information Act to Request Government Records.

FOIA News: OIP announces more training for FY 2025

OIP Announces Additional FOIA Training Dates for Fiscal Year 2025

DOJ/OIP, FOIA Post, Mar. 20, 2025

Today, the Office of Information Policy (OIP) announces new dates for Freedom of Information Act (FOIA) training for April through July.  As part of its responsibility to encourage agency compliance with the FOIA, OIP offers numerous training opportunities throughout the year for agency FOIA professionals and individuals with FOIA responsibilities. 

These courses are designed to offer training opportunities for personnel from all stages of the FOIA workforce, from new hires to the experienced FOIA professionals or FOIA managers.  OIP will continue to offer virtual training sessions that will be taught in real-time by OIP instructors.  As we move into the Spring of Fiscal Year 2025, we are pleased to announce these virtual training courses, which are also listed on OIP’s Training page.

Read more here.

FOIA News: Top House Dem seeks details on FOIA staffing amid agency firings

Top House Dem seeks details on FOIA staffing amid agency firings

By Justin Doubleday, Federal News Network, Mar. 20, 2025

A top House Democrat is pressing agencies for details on their Freedom of Information Act operations, citing FOIA staff firings impacting at least one agency under the Trump administration.  

In letters to 24 agencies today, Committee on Oversight and Government Reform Ranking Member Gerry Connolly (D-Va.) requests their plans for complying with FOIA. “Preserving your agency’s ability to respond to FOIA requests is a critical tool to provide the American people the transparency to which they are entitled,” Connolly wrote.

Read more.

FOIA News: The CREW-DOGE FOIA saga continues with the opening of summary judgment proceedings

The U.S. DOGE Service has filed its motion for summary judgment in CREW v. DOGE, arguing that it is not an “agency” as defined by the Freedom of Information Act. The government’s brief can be found here.