FOIA Advisor

FOIA News: State Dep't releasing last batch of Clinton emails

FOIA News (2015-2024)Allan BlutsteinComment

Final Clinton emails coming today

By Julian Hattem, The Hill, Feb. 29, 2016

The State Department will release the final batch of Hillary Clinton’s emails on Monday, some 10 months after the process began.

The release comes just ahead of 11 “Super Tuesday” contests, which Clinton hopes will propel her to a commanding lead over Bernie Sanders in the Democratic presidential race.

Clinton’s campaign has tried to shake off the email controversy, but the monthly releases have fueled fresh headlines about her exclusive use of a private email account while serving as secretary of State.

With the releases now nearing an end, Republicans have seized on the fact that more than 1,800 emails from her machine were eventually classified. 

“What we’ve learned in this discovery is that Hillary Clinton trafficked in sensitive information over her unclassified — and, by the way, private — email system,” Rep. Darrell Issa (R-Calif.), the former head of the House Oversight Committee, told The Hill on Friday. 

Clinton’s presidential campaign and the State Department have both disputed that the emails were classified at the time they were sent. Much of the information in them was classified retroactively, they say.

But the drips and drabs of information from various emails have carried the whiff of wrongdoing for Clinton.

One 2011 email released in January, for instance, seemed to show that Clinton ordered an aide to remove classification markings from a list of talking points and send it through a “nonsecure” channel.

Clinton subsequently insisted that no classified information was sent through unsecure means, but Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) released a statement calling the disclosure “disturbing.” 

The State Department began releasing the roughly 55,000 pages of Clinton’s emails in May, in response to a Freedom of Information Act lawsuit from Vice News journalist Jason Leopold.

On a monthly basis since then, the department released thousands of pages of emails for public review.

Read more here.  

Court opinions issued Fed. 24-25, 2016

Court Opinions (2015-2024)Allan BlutsteinComment

Feb. 25, 2016

Pair v. Soc. Sec. Admin. (D. Md.) -- dismissing plaintiff's suit seeking records concerning a nine-digit alphanumeric code on the back of his Social Security card, because the agency averred that no responsive records existed.   According to SSA, the number is merely a control number used by the vendor who provides the cards to SSA to prevent fraud and counterfeiting; it has no public use.    

Henderson v. Office of the Dir. of Nat'l Intelligence (D.D.C.) -- holding that ODNI and the Office of Personnel Management properly relied upon Exemption 7(E) to redact certain information from their jointly issued "Federal Investigative Standards," which sets forth the standards for security and suitability background investigations of federal employees.

Feb. 24, 2016

Muchnick v. Dep't of Homeland Sec. (N.D. Cal.) -- finding that agency's Vaughn Index and declaration were not descriptive enough to justify withholding records concerning George Gibney, a former Olympic swim coach charged with sexual abuse.  

 Summaries of all opinions issued since April 2015 available here.

FOIA News: Fee estimate of $660 million likely highest in FOIA history

FOIA News (2015-2024)Allan BlutsteinComment

The Pentagon's $660 million FOIA fee

Secretary of Defense estimates that scouring contract data would take "15 million labor hours"

By J. Pat Brown, MUCKROCK, Feb. 26, 2016

For the last year, MuckRock user Martin Peck has been using FOIA to preform tech audits at various federal agencies, asking for counts of various devices - such as radios - that they might possess. It was his request that led to the DEA disclosing that they had two KingFish cell site simulators.

Peck was looking something only a little less controversial than cellphone trackers when he hit his biggest snag. Back in September, Peck asked the Office of the Secretary of Defense for the number of its HotPlug devices - used in computer seizures to keep the device powered on and preserve the data - they had purchased or were in use. This week, they finally got back to him, and boy did they have something to say:

Read more here.

 

FOIA News: State Department releases more Clinton emails

FOIA News (2015-2024)Allan BlutsteinComment

Feds release more Clinton emails on eve of South Carolina primary

By Julian Hattem, The Hill, Feb. 26, 2016

The State Department on Friday released 881 new emails from Hillary Clinton’s personal server, a day before Democrats in South Carolina head to the polls.

The new release brings the total number of classified emails on the former secretary of State’s machine up to more than 1,800.

The vast majority of those classified emails were listed at the lowest level, that of “confidential,” but nearly two dozen were classified as “secret” and another 22 were deemed “top secret” — the highest level of classification.

Those top secret emails were deemed too dangerous to release to the public, even in a redacted form.

None of the 88 classified emails in Friday’s dump were classified at the time they were sent, a State Department official said. 

Friday’s release is the second-to-last from the State Department, which has been laboring to make Clinton’s emails public since last May.

Under the terms of a court order earlier this month, the department will need to publish the very last of the roughly 35,000 supposedly work-related emails on Monday. 

Federal officials planned to work through the weekend to reach that goal, State Department spokesman Mark Toner said earlier in the day.

“We’re still reviewing them – a lot of them, frankly,” Toner told reporters at the State Department. “Going to be working hard through the weekend.”

On Saturday, Clinton’s presidential campaign is hoping to cement its front-runner status with a strong showing in South Carolina, where polls show her with a significant lead over rival Sen.Bernie Sanders (I-Vt.).

Sanders has repeatedly refused to attack Clinton over her emails, but Republicans have been less kind.

FOIA News: While US Attorney General, Eric Holder Used Kareem Abdul-Jabbar’s Birth Name as His Official Email Address

FOIA News (2015-2024)Kevin SchmidtComment

While US Attorney General, Eric Holder Used Kareem Abdul-Jabbar’s Birth Name as His Official Email Address

By Jason Leopold, Vice News, Feb. 25, 2016

Former US Attorney General Eric Holder is a huge fan of NBA hall of famer Kareem Abdul-Jabbar.

So much so that Holder used Abdul-Jabbar's birth name, Lew Alcindor, as an alias in his official Department of Justice (DOJ) email account, raising more questions about the email practices of top Obama administration officials, and about the ability of US government agencies to track down correspondence in response to Freedom of Information Act (FOIA) requests.

The Lew Alcindor revelation was made in a February 16 letter that DOJ sent to VICE News and Ryan Shapiro, a historian and doctoral candidate at the Massachusetts Institute of Technology who specializes in national security research. 

"For your information," the letter said, "e-mails in the enclosed documents which use the account name 'Lew Alcindor' denote e-mails to or from former Attorney General Holder."

Read more here.

FOIA News: The TSA Releases Data on Air Marshal Misconduct, 7 Years After We Asked

FOIA News (2015-2024)Kevin SchmidtComment

The TSA Releases Data on Air Marshal Misconduct, 7 Years After We Asked

By Michael Grabell, Pro Publica, Feb. 24, 2016

Seven and a half years ago, as a new reporter here, I filed a Freedom of Information Act request for all reports of misconduct by federal air marshals.

It had been several years since the U.S. government rapidly expanded its force of undercover agents trained to intervene in hijackings after 9/11. And a source within the agency told me that a number of air marshals had recently been arrested or gotten in trouble for hiring prostitutes on missions overseas.

I knew the FOIA request would take a while — perhaps a few months — but I figured I’d have the records in time for my first ProPublica project.

Instead, I heard nothing but crickets from the Transportation Security Administration.

Finally, last Wednesday, an email popped into my inbox with the data I had been fighting for since my fourth day at ProPublica.

Read more here.

FOIA News: Clinton Email Issues Shake Up State Dept. FOIA Operations

FOIA News (2015-2024)Kevin SchmidtComment

Clinton Email Issues Shake Up State Dept. FOIA Operations

By Charles S. Clark, Government Executive, Feb. 24, 2016

As unanswered questions about her private email server continue shadowing Hillary Clinton’s presidential campaign, the State Department she once led remains on the receiving end of criticisms, legal actions and disclosure requests involving the Freedom of Information Act.

Most observers are focused on an ongoing FBI investigation of the role of classified information in Clinton’s private email transmissions. But the State Department’s inspector general is also on the case, and an IG spokesman told Government Executive on Tuesday his office “plans to issue another report on records management and security issues related to the use of non-departmental systems.”

Also on Tuesday, the conservative legal group Judicial Watch won a victory in U.S. District Court when Judge Emmett Sullivan agreed to allow a new discovery phase in the group’s FOIA lawsuits against the State Department.

Read more here.

Court opinions issued Feb. 22-23, 2016

Court Opinions (2015-2024)Allan BlutsteinComment

Feb, 23, 2016

Peeler v. Fed. Bureau of Investigation (D. Conn.) -- determining that the FBI conducted a reasonable search in response to prisoner's request for records associated with his personal pager number.

Feb. 22, 2016

Woods v. Elec. Surveillance Unit (D.D.C.) -- ruling that the Department of Justice's Criminal Division properly withheld electronic surveillance records from prisoner pursuant to Exemption 3, in conjunction with 18 U.S.C. §§ 2517 and 2518(8)(b), as well as Exemption 5 (deliberative process and attorney work product privileges).  

Lapp v. Fed. Bureau of Investigation (N.D.W.Va.) --   finding that the FBI properly withheld certain fingerprint-related information pursuant to Exemption 7(E) and that it conducted an adequate search. 

Summaries of all opinions issued since April 2015 available here.

FOIA News: National Press Club Journalism Institute to host FOIA panel

FOIA News (2015-2024)Allan BlutsteinComment

PRNewswire-USNewswire, Feb. 23, 2016

The National Press Club Journalism Institute will host a panel of experts March 16 for a discussion on how the U.S. Freedom of Information Act is being applied and how it can be improved.

FOIA is one of the most important tools at journalists' disposal for uncovering government information. However, nearly a half-century since its inception, many observers say the FOIA process is hamstrung by delays and overly broad redactions.

The March 16 panel, which will run from 6:30pm until 8pm, will be comprised of four experts who are intimately familiar with the FOIA process, and each of them has a singular perspective on the subject:

  • Jason Leopold, senior investigative reporter at Vice News;
  • David Sobel, counsel at Electronic Frontier Foundation and head of its FOIA litigation project;
  • Michael Doyle, legal affairs correspondent, McClatchy Newspapers' Washington Bureau;
  • James Holzer, director of the Office of Government Information Services (Federal FOIA Ombudsman).

Christine Walz, an associate at Holland & Knight law firm, and an expert on FOIA, will moderate the panel.

The U.S. FOIA panel will be complemented by a separate panel discussion focusing on government records access in other countries. Both are part of a series of events on government transparency at the National Press Club during Sunshine Week, March 14 through March 18.

Tickets for the event will be $5 for Press Club members and $10 for non-members. Register here.

The National Press Club Journalist Institute is the non-profit affiliate of the National Press Club, the world's leading professional organization for journalists. Through its Press Freedom Committee, the Institute promotes a transparent global society through an independent press.

Contact:
Rachel Oswald – vice chair, NPC Press Freedom Committee: rachelm.oswald@gmail.com, 202 486-9173

National Press Club
529 14th Street NW
13th Floor - Zenger Room
Washington, DC 20045

FOIA News: Judge grants discovery in FOIA case pertaining to Clinton's email

Allan BlutsteinComment

Judge threatens subpoena against Clinton over emails

By Stephen Dinan, The Washington Times , Feb. 23, 2016

A federal judge warned Tuesday that he may have to subpoena former Secretary of State Hillary Clinton’s entire secret email account, saying he has real questions about whether the Obama administration gave her special treatment.

In the interim, Judge Emmet G. Sullivan said he was granting discovery to Judicial Watch, a public interest law firm who’s sued to get a look at the emails, meaning the group will be able to demand the State Department explain who approved Mrs. Clinton’s server, how many officials knew about it, and what accommodations they made to her after her emails become a public issue.

And the judge said he is “inclined” to issue a subpoena eventually, forcing the department to go back to Mrs. Clinton and demand she turn over the entire clintonemail.com system she and top aide Huma Abedin used during their time in the department. He withheld that order for now, saying he will wait to see what discovery produces, but said he’s concerned with the chain of events that led to the emails being shrouded in secrecy for so many years.

“How on earth can the court conclude there is not at minimum a reasonable suspicion of bad faith,” Judge Sullivan said.

Read more here.