FOIA News: Daily Caller obtains 750 pages of HHS Docs on "Obamacare architect" Jonathan Gruber

Emails Reveal Jonathan Gruber’s Obamacare Work Was Of ‘Key Political Importance’

By Chuck Ross, The Daily Caller, June 9, 2015

A top Obama administration health official considered putting MIT economist Jonathan Gruber to work on Obamacare to be an initiative of such “key political importance” that it was expedited because of “political push” from the Obama administration, emails released by the Department of Health and Human Services (HHS) reveal.

The agency released 750 pages of heavily-redacted records on Monday to The Daily Caller and other news outlets in response to a Freedom of Information Act request.

In one telling exchange after Gruber’s Obamacare work was first reported in 2010, one HHS analyst told another that having Democrats in charge “across the board” would “stop some scrutiny” into the arrangement. Gruber’s work attracted scrutiny because the Obama administration failed to disclose the academic’s support for the health-care law without disclosing that he was paid $392,000 to help craft it.

Read more here.

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

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

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.

Q&A: non-profit organizations

Q.   Are community non-profit organizations subject to Freedom of Information requests?

A.   Unlikely.  The federal FOIA and State open records laws typically apply to government agencies, not private sector entities (including non-profit organizations).

Court opinions issued June 5, 2015

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. 

Court opinions issued June 4, 2015

Bothwell v Brennan (N.D. Cal.) -- concluding that CIA's search was adequate, except for its search for documents generated in July 1976 regarding Johnny Roselli; the fact that Plaintiff believed that Mr. Roselli was involved in JFK's assassination was not a sufficient reason for agency to limit its search to JFK database.   

Summaries of all cases since April 2015 are available here. 

Q&A: Norton Air Force base

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.  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: OGIS offers dispute resolution training to feds

On the heels of two days of FOIA hearings, the Office of Government Information Services -- which did not appear at the hearings -- is offering a full day of dispute resolution training to federal FOIA professionals on June 24, 2015.  Additional information is available here.   

FOIA News: Tweet roundup from the Oversight Committee FOIA hearing

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

.@jasoninthehouse flags “still interested?” letters&calls f/agency #FOIA staff; @rcfp summarized those last fall: http://t.co/NpHYXGWYUr

— Rick Blum (@sunshineingov) June 3, 2015

Rep Lynch had idea yesterday of a special #FOIA IG. Not a bad idea, but I think strengthened OGIS or current IGs would be better.

— NSA Nate (@NSANate) June 3, 2015

IRS says that they can't really conduct electronic searches for records. What is this, 1980? #FOIA

— Adam Marshall (@a_marshall_plan) June 3, 2015

This Craig memo, is very bad (and is old news) but #FOIA referrals to other agencies is bigger problem, imo.

— NSA Nate (@NSANate) June 3, 2015

.@jasoninthehouse asked IRS FOIA official about the "White House equities" memo. She says it shocked her and she "ignored it."

— Megan R. Wilson (@misswilson) June 3, 2015

Democrats at House oversight are defending against an attack on Hillary's email practices that GOP really hasnt made at this hearing #FOIA

— Josh Gerstein (@joshgerstein) June 3, 2015

Justice Dept. FOIA chief being asked whether agency has ever gone beyond the FOIA law. She's not directly answering the question.

— ErikWemple (@ErikWemple) June 3, 2015

Q: 20 business days to respond. Has DoJ ever violated #FOIA law? Pustay: I would not characterize it as breaking the law.

— Kevin Gosztola (@kgosztola) June 3, 2015

"We have to rely on individual employees to carry out their responsibilities" -- Boom, the reason #FOIA fails.

— Bradley P. Moss, Esq (@BradMossEsq) June 3, 2015

Does anyone else think this #FOIA gov panel is just talking in circles?

— Liz Hempowicz (@lizzy_loo_hoo) June 3, 2015

I've worked ww State a lot on #FOIA with people I respect +know #FOIA but Barr is never in the room;not the real brains behind operation imo

— NSA Nate (@NSANate) June 3, 2015

Head of DOJ OIP won't comment on #FOIA reform legislation.

— Megan R. Wilson (@misswilson) June 3, 2015

Wow. State's #FOIA head Barr trying to walk back previously saying State email practices are "not acceptable."

— NSA Nate (@NSANate) June 3, 2015

Good questions by Rep Gowdy. Barr trying to say that its ok that Clinton emails were not searched (and reqs not told) for #FOIA s.

— NSA Nate (@NSANate) June 3, 2015

I am sorry but every time I hear "reducing backlog" I think of a letter asking me if I still want records I requested 3 years ago #FOIA

— Josh Gerstein (@joshgerstein) June 3, 2015

DOJ's Pustay on #FOIA: "The system works well for many requesters"

— Josh Gerstein (@joshgerstein) June 3, 2015

IRS Howard seems almost proud that IRS can't automatically search records. Much search emails computer by computer by computer. #FOIA

— NSA Nate (@NSANate) June 3, 2015

This #FOIA panel seems to be pretty frustrated by #HOGR's questions... more or less so than requesters who actually use FOIA?

— Liz Hempowicz (@lizzy_loo_hoo) June 3, 2015

@jasoninthehouse: We had as wide a swath of people as we possibly could yesterday and noone said #FOIA is good.You give yourself all greens!

— NSA Nate (@NSANate) June 3, 2015

!!!!!! @jasoninthehouse to Melanie Pustay of @FOIAPost: "You live in #FOIA La la land!" "No wonder FOIA is broken" Thank you.

— NSA Nate (@NSANate) June 3, 2015

Welp. Highlight of that hearing had to be Chairman Chaffetz @jasoninthehouse telling DOJ OIP #FOIA head M Pustay she "lived in la la land."

— NSA Nate (@NSANate) June 3, 2015