FOIA Advisor

Q&A: Is this request reasonably described?

Q&A (2015-2024)Allan BlutsteinComment

Q.  How specific does a request have to be?  We received a request asking for all documents containing information regarding our "electronic message center."

A.   A federal FOIA request must reasonably describe the records sought, which means that agency staff has the ability to reasonably ascertain exactly which records are being requested and to locate them.   Several courts have held that requests for "all documents" that "pertain to" or "relate to" a broad subject are not reasonably described.  For additional guidance on this subject,  see DOJ Guide to the Freedom of Information Act, Proper FOIA Requests.  

FOIA News: Highlights of Hillary Clinton's email

FOIA News (2015-2024)Allan BlutsteinComment

The Daily 202: Takeaways from the latest Hillary Clinton e-mail dump

James Hohmann, Washington Post, Dec. 1, 2015

THE BIG IDEA:

The State Department posted 7,800 pages of Hillary Clinton’s e-mails yesterday afternoon, the latest batch of the 55,000 pages that she sent and received while in office.

In this installment, 328 of the e-mails were withheld from public consumption because they are now deemed classified — the State Department says that brings the total number of messages partially withheld on that basis to 999. “All the messages designated as classified Monday were at the lowest tier, ‘Confidential,’ which is usually used for sensitive diplomatic communications,” Politico’s Josh Gerstein notes.

A few of the most interesting nuggets:

— Superstorm Sandy apparently knocked out the Clinton private server for two weeks in 2012, delaying her responses to several messages, including birthday greetings. Karen Tumulty recalls that it was this episode that led the Clintons to seek more IT help.

— One 2012 exchange underscores the belief within Clinton’s high command that Hillary had erred in 2008 by not showing enough emotion on the campaign trail. Rosalind S. Helderman zeroes in on a note that Mark Penn, who was Clinton’s 2008 chief strategist, sent after the Secretary of State testified before the Senate about the Benghazi attacks and famously asked: “… what difference, at this point, does it make?”

While Hillary’s closest aides at Foggy Bottom were celebrating the hearing – they thought the boss crushed it – Penn warned that she had hurt herself. “I don’t think the emotion in the hearing works to your advantage,” he wrote. “Looks more like they rattled you on something no one outside the crazy right blamed you for anyway.” Penn had prodded Clinton to come across as Thatchersque in her 2008 battle with Barack Obama.

Read more here

FOIA News: Bake sale to fund FOIA request

FOIA News (2015-2024)Allan BlutsteinComment

Capitol Hill Residents to Hold Bake Sale to Raise Money for FOIA Request

By Jackie Bensen, NBC Washington, Nov. 30, 2015

Some Capitol Hill residents want to know whether a "revolving door" of justice is playing a part in their neighborhood's crime problem -- but actually getting the answer will come with a daunting price tag.

So they've come up with an unusual way to get that information: a bake sale. 

For months, Advisory Neighborhood Commissioner Denise Krepp, who serves the Hill East area, has been trying to find out how many of the thousands of arrests made by police have actually resulted in prosecution.

"I want to know why we have criminals on the street when they should be locked up," she said, wondering if her neighborhood's rising crime rate is because too many criminals are being let back out on the streets.

Last month, hundreds of residents gathered for an anti-crime meeting, after the Hill area was rocked by a series of street robberies, a home invasion rape, and a fatal shooting, all in a two-week period. After officials were unable to answer questions about the prosecution rate, Krepp filed a Freedom of Information Act (FOIA) request with the Department of Justice.

The department responded to say that providing the information would be costly: $40 an hour, for what could be hundreds of hours of research.

"You know what happened when I told my residents that I was going to pay $1,000 [of my own money]?" Krepp asked. "They said, 'No, you're not. We're going to help you.' So we started thinking of ways to raise the money. We're going to do bake sales."

The date of the bake sale has not yet been determined, but will take place at Eastern Market.

Krepp said the fact that authorities didn't have the information in the first place is deeply concerning.

"But if you have no idea how many cases you've prosecuted, then you have no idea what the crime level is in Washington, D.C.," she said. "And if you don't, who does?"

FOIA News: State Dep't will release additional Clinton emails today

FOIA News (2015-2024)Allan BlutsteinComment

State Dept. set to release 7,800 new Clinton emails

By Sarah Westwood, Washington Examiner, Nov. 30, 2015

State Department officials are set to release roughly 7,800 pages of Hillary Clinton's private emails Monday amid new speculation about the former secretary of state's official meeting schedule.

The email production Monday afternoon will kick off a countdown to the final two Clinton email releases, which will take place at the end of December and January respectively.

Hundreds of the official emails Clinton hosted on a private server in her home have been published in batches since May of this year.

The State Department released more than 7,000 pages of emails last month, surpassing its goal of having 51 percent of the records posted online by that time.

Read more here.  

 

Court opinions issued Nov. 23-24, 2015

Court Opinions (2015-2024)Allan BlutsteinComment

Nov. 24, 2015

Aguiar v. Drug Enforcement Admin. (D.D.C.) -- concluding that GPS mapping software used by the DEA at plaintiff's criminal trial is not an agency record; further ruling that plaintiff's inability to access DEA-released information on a compact disk due to prison security rules could not be remedied via FOIA.  

Tipograph v. Dep't of Justice (D.D.C.) -- determining that plaintiff lacked standing to pursue her claim that the FBI maintains a policy of improperly invoking FOIA Exemption 7(A) at the investigative-file level rather than at the record level.  The court rejected the FBI's alternative argument that plaintiff's claim was moot.  

Nov. 23, 2015

Havemann v. Colvin (4th Cir.) -- affirming district court's decision that the Social Security Administration performed an adequate search in response to a large-scale request concerning allegedly underpaid beneficiaries, and that the requested data was either released or properly withheld under Exemption 6.  The Fourth Circuit rejected appellant's contentions that the public interest outweighed any privacy interests or that the district court "improperly considered affidavits from a previous case, erroneously relied upon interested 'experts,' and considered affidavits that were merely speculative."

Summaries of all opinions issued since April 2015 available here.

Q&A: Chicago Police Department exam

Q&A (2015-2024)Allan BlutsteinComment

Q.  Can I file a FOIA request to obtain copies of the tests and the answers from the Chicago Police Department Lieutenants Exam?  The test was administered and results posted.

A.  Those documents are likely exempt from disclosure under section 7(1)(q) of the Illinois Freedom of Information Act, which protects "[t]est questions, scoring keys, and other examination data used to determine the qualifications of an applicant for a license or employment."  Should you nonetheless wish to submit a request, here is the FOIA contact information for the Chicago Police Department.  

FOIA News: DOJ drone memos protected by Second Circuit

FOIA News (2015-2024)Allan BlutsteinComment

NY court: Targeted killings memos can be kept secret

Larry Neumeister, Associated Press, Nov. 23, 2015

The U.S. government can keep secret various memos related to its legal justification for using drones to kill citizens suspected of terrorism overseas, a federal appeals court said in a decision unsealed Monday.

The 2nd U.S. Circuit Court of Appeals reached its decision in a second round of Freedom of Information Act requests by the American Civil Liberties Union and The New York Times after an earlier request had succeeded in forcing the government to disclose a redacted version of a 2010 41-page legal opinion prepared by the Office of Legal Counsel in the Justice Department describing for the Defense Department the legality of targeted drone attacks.

The appeals court said then that prior public disclosures by senior government officials including President Barack Obama necessitated the document's release.  The Oct. 22 decision by the 2nd Circuit to keep eight memos secret largely upheld an Oct. 31, 2014 ruling by U.S. District Judge Colleen McMahon in Manhattan. It remained sealed for a month to provide time for appeal.  

Read more here

 

Court opinions issued Nov. 19, 2015

Court Opinions (2015-2024)Allan BlutsteinComment

Thompson v. U.S. Dep't of Justice (D.D.C) -- ruling that the Criminal Division conducted a reasonable search for information related to court-authorized wiretap surveillance in connection with plaintiff's criminal case.  The court found that the agency performed a reasonable search and properly withheld seven categories of documents pursuant to the attorney-work-product privilege.  Despite prevailing, the government was chided by the court for failing to identify three FOIA lawsuits of plaintiff's criminal co-defendants as "related cases" and for copying 15 pages from its summary judgment motion and pasting them into its reply brief.    

Nolen v. Dep't of Justice (D.D.C.) -- holding that FBI performed an adequate search for records concerning Martin Droll, a deceased socialist writer and organizer.  The court concluded that the agency was not required to search the files of organizations with whom the subject was affiliated, because plaintiff failed to identify those organizations in his request.  Additionally, the court held that the FBI field offices located where plaintiff was born and died were not required as a matter of course to search for records.  

Summaries of all opinions issued since April 2015 available here.