FOIA Advisor

FOIA News: The Obama Administration’s Newly Political Approach to FOIAs

FOIA News (2015-2025)Kevin SchmidtComment

The Obama Administration’s Newly Political Approach to FOIAs

By Eliana Johnson, National Review, June 9, 2015

At the Treasury Department, the memo came down from the deputy executive secretary, Wally Adeyemo, in December of 2009. Going forward, the memo stated, “sensitive information” requested under the Freedom of Information Act was to be reviewed not only by career FOIA officials but also by a committee of political appointees, including Adeyemo and representatives from the public-affairs, legislative-affairs, and general counsel’s office, before release.

What followed was an unusual review of Treasury FOIA requests by high-ranking political officials. And it didn’t just happen at Treasury, but at the IRS and the Department of Homeland Security, too. Current and former FOIA attorneys at these agencies say documents requested by the media have come in for special scrutiny, called “sensitive review,” often holding up release for weeks or months. At times, these officials say, political officials delayed the production of documents for political convenience. 

The policy runs counter not just to the spirit and the letter of the Obama administration’s pledge to unprecedented transparency, but also to the spirit of the Freedom of Information Act itself.

Read more here.

 

FOIA News: IRS ordered to provide update on Lerner records

FOIA News (2015-2025)Allan BlutsteinComment

Federal Judge Gives IRS Until Friday To Explain Itself On Lerner Emails

By Ethan Barton, The Daily Caller, June 8, 2015

A federal judge says the Internal Revenue Service has until Friday to provide answers on the status of Lois Lerner’s emails that were previously declared lost, a watchdog group announced Monday.

Judge Emmet Sullivan of the U.S. District Court of Columbia issued the order June 4 in response to a June 2 request from Judicial Watch – a nonprofit government transparency group.

“The Obama IRS obstructed and lied to a federal judge and Judicial Watch in an effort to hide the truth about Lois Lerner’s emails,” Judicial Watch President Tom Fitton said. “The IRS is out of control and Judicial Watch is happy that Judge Sullivan has taken this key step to remind the agency that it is accountable to the rule of law and the American people.”


Read more here.

Court opinions issued June 5, 2015

Court Opinions (2015-2024)Allan BlutsteinComment

Prison Legal News v. Samuels (D.C. Cir.) -- reversing district court's favorable decision for Federal Bureau of Prisons, which had categorically invoked Exemptions 6 and 7(C) to withhold records about money paid in response to lawsuits against it.  The D.C. Circuit found that the privacy interest involved in a given type of claim, as well as the public interest in disclosure, varied in ways that neither the agency nor the district court had considered. 

  Summaries of all cases since April 2015 are available here

Q&A: Norton Air Force base

Q&A (2015-2025)Allan BlutsteinComment

Q.  I need to know where to send a FOIA request for the old Norton Air Force Base that was located in San Bernardino, California.  I'm looking for the base sign-in sheet to prove that I was there during the months of April and May of 1986.  

A.  I am skeptical that the sign-in sheet you seek has been preserved for nearly 30 years -- for the White House maybe, but not an Air Force base.  Having said that, here are a few possibilities:  (1) the Air Force Historical Research Agency; (2) the National Museum of the US Air Force; and (3) the National Archives and Records Administration.  

Q&A: immigrant from Algeria in 1955

Q&A (2015-2025)Allan BlutsteinComment

Q.  I am trying to help a homeless man and need to find immigration records to prove his identity so he can apply for benefits.  He came from Algeria in 1955. 

A.  The records you seek may be available at the National Archives and Records Administration, which maintains immigration records for arrivals to the United States from foreign ports between approximately 1820 and 1982.  Additional information is available here.

FOIA News: Tweet roundup from the Oversight Committee FOIA hearing

FOIA News (2015-2025)Kevin SchmidtComment

The hearing can be viewed at the Oversight Committee website here.

FOIA News: Wall Street Journal Editorial Board weighs in on transparency of Obama administration

FOIA News (2015-2025)Kevin SchmidtComment

The Least Transparent Administration

How Team Obama stymies freedom of information requests.

By Editorial Board, Wall Street Journal, June 2, 2015

A federal judge last week excoriated the State Department for sitting on Hillary Clinton’s emails, ordering it to release batches every 30 days. The State Department deserved the rebuke, but then it is merely following the rules laid down by the least transparent Administration in history.

The House Oversight Committee on Tuesday began a two-day hearing into the extraordinary ways the Obama Administration keeps undermining the Freedom of Information Act. Enacted in 1966, FOIA allows anyone to request information about any matter from a federal agency. The agency has 20 business days to respond (10 more in unusual circumstances), and the bar is set deliberately high for what government may withhold or redact.

Most Administrations play games with FOIA, but the Obama White House has turned stonewalling into an art form. A favorite tactic is to ignore or string out the requests. That’s what State did in Mrs. Clinton’s case, claiming it simply couldn’t get around to issuing her emails until next year. A court order was needed to get it to move, and that’s typical across the Administration.

Read more here.