FOIA Advisor

FOIA News: Gov't asks court to limit discovery in Judicial Watch FOIA case

FOIA News (2015-2024)Allan BlutsteinComment

State Department seeks to restrict questions in lawsuit over Clinton email battle

By Spencer S. Hsu, Wash. Post, Apr. 6, 2016

Seven top State Department officials and aides to Hillary Clinton should not be questioned under oath about their handling of classified information on Clinton’s private email server as secretary of state or about pending FBI or inspector general investigations, the department said in a court filing late Tuesday.

The filing came in response to a plan by a conservative legal watchdog group to question current and former officials — including then-Undersecretary for Management Patrick F. Kennedy and Clinton Chief of Staff Cheryl D. Mills — to determine whether Clinton’s email arrangement thwarted federal open-records laws.

On Feb. 23, U.S. District Judge Emmet G. Sullivan ordered both sides to come up with a “narrowly tailored” plan in the Judicial Watch public records lawsuit. The State Department said Tuesday that it understood the order to mean that questioning be limited to “the reasons for the creation of [the clintonemail.com] system.”

Read more here.

Q&A: Maryland, My Maryland

Q&A (2015-2024)Allan BlutsteinComment

Q.  Maryland has its own Public Information Act.  Do all states have something similar?

A.  Yes.  For information about each state's law and how to submit requests, you might wish to consult one of the following resources:  

FOIA News: Request Uncovers Cost of TSA Randomizer App: $1.4 million

FOIA News (2015-2024)Kevin SchmidtComment

The TSA Randomizer iPad App Cost $1.4 Million

By Kevin Burke, Apr. 3, 2016

You may have seen the TSA Randomizer on your last flight. A TSA agent holds an iPad. The agent taps the iPad, a large arrow points right or left, and you follow it into a given lane.

How much does the TSA pay for an app that a beginner could build in a day? It turns out the TSA paid IBM $1.4 million dollars for it.

It's not hard! I searched on Google for "TSA FOIA" and found this page, which describes exactly how to reach the FOIA team at the TSA. 

Read more here.

Court opinions issued Mar. 30-Mar. 31, 2016

Court Opinions (2015-2024)Allan BlutsteinComment

Mar. 31, 2016

Ryan v. Fed. Bureau of Investigation (D.D.C.) --  holding that agency conducted an adequate search for records concerning plaintiff, who alleged that he has been under constant FBI surveillance since shortly after September 11, 2001.

Giovanetti v. Fed. Bureau of Investigation (D.D.C.) -- granting government's renewed motion for summary judgment after finding that FBI properly withheld records about plaintiff, a pro se prisoner, pursuant to Exemptions 3, 5, 6, 7(C), 7(D), and 7(E).

Mar. 30, 2016

Center for Ethics & Responsibility in Wash. v. U.S. Dep't of Justice (D.D.C.) -- deciding that FBI properly invoked Exemptions 3, 5, 6, 7(C), 7(D), and 7(E) to withheld records pertaining to investigation of former congressman Tom Delay.  Of note, the court permitted the FBI to assert Exemption 5 even though it had not raised the argument during prior proceedings. The court noted, however, that the agency "prevailed on this issue by the skin of its teeth."  The court further stated that it was "particularly displeased by defendant's misrepresentation in its brief in support of its second Motion for Summary Judgment that the FBI had withheld material pursuant to Exemption 5 in the first round of summary judgment . . . and defendant's failure to explain or take responsibility for the mishap here." 

Summaries of all opinions issued since April 2015 available here.

Court opinions issued Mar. 29, 2016

Court Opinions (2015-2024)Allan BlutsteinComment

Weikamp v. U.S. Dep't of the Navy (N.D. Ohio) -- denying request for costs and attorney's fees after determining that agency's withholding of contract-related  information was not unreasonable and that other entitlement factors were neutral. 

Justice v. Mine Safety & Health Admin. (S.D. W. Va.) -- ruling that the agency properly relied upon Exemptions 5 and 7(C) to redact information from employee interviews concerning plaintiff's administrative complaint.     

Judicial Watch, Inc. v. Dep't of State (D.D.C.) -- granting limited discovery regarding the adequacy of the Department of State's search for requested records concerning Ambassador Rice's talking points on Benghazi attack. 

Envtl. Integrity Project v. U.S. Envtl. Prot. Agency (D.D.C.) -- holding that Exemption 4 protected data submitted by businesses to help the agency to draft regulations and that the Clean Water Act did not displace the provisions of the FOIA. 

Pinson v. U.S. Dep't of Justice (D.D.C.) -- determining that the FBI properly withheld certain information responsive to plaintiff's nearly three dozen requests pursuant to Exemptions 3, 6, 7(A), 7(C), 7(D), and 7(E), but declining to dismiss certain claims after finding that plaintiff might not have received mail sent by the agency.

Summaries of all opinions issued since April 2015 available here

FOIA Focus: Frank Vance, Manager of Disclosure Services & FOIA Officer, Office of the Comptroller of the Currency, U.S. Dep't of the Treasury

FOIA Focus (2015-2021)Allan BlutsteinComment

How long have you been working in the FOIA field?   
I have worked in the FOIA field since August 1984.

Where did you get your start and what did you do?  
I was hired as a FOIA Specialist, GS-7.  I was responsible for responding to FOIA requests and to serve as a Press Spokesman for the Office of the Comptroller of the Currency.

How long have you been at the Office of the Comptroller of the Currency and how did you find your way there?  
I began my career in the federal government in 1978 as a clerk/typist for the OCC.  In 1980, I became the Publications Control Officer and managed our publications sales and subscriptions at the OCC.  In 1983, I moved to the Department of the Army, Army Office Chief of Chaplains as an Ecclesiastical Information Assistant.  I then returned to the OCC in August 1984 to serve as a press spokesman and handle FOIA.  In April 1989, I became the Chief of the FOIA Branch, Information Services Division at the Federal Home Loan Bank Board.  In October 1989, the FHLBB was dissolved and became the Office of Thrift Supervision.  (I have the distinction of being the FHLBB’s final FOIA Officer and the OTS’ first FOIA Officer.)  In February 1990, I returned to the OCC as it FOIA Officer, where I have been ever since.  In this position, I am the third FOIA Officer the agency has ever had.  Currently I am acting as the Manager of the Editorial Services Unit as well as the Manager of Disclosure Services & FOIA Officer.  I’m acting in the other job until a new person is selected.

What are your current job duties?
Due to my dual roles now in separate managerial functions, I supervise a total staff of 14.  The Editorial Staff encompasses 6 professionals; Disclosure encompasses 8 individuals including six specialists and two administrative professionals.  Not only do I manage the work of all those individuals, I also assist my Director in a host of unrelated jobs including job postings, budget, purchase card approvals, and other admin functions.

What is the most common FOIA request you receive?
Requests for supervisory information about banks and federal savings associations.

What is the most unusual FOIA request you have ever seen?
A well-known individual had made a request to a much larger agency.  Oddly enough, that agency referred a small universe of documents that were from the OCC.  At the time, that other agency had a backlog of over 5 years and his request was right at the 5-year mark when it was referred to me.  We processed the request well within the statutory deadline.  A few days later, the famous requester called me personally to complain about the handling of his request.  I calmly explained that I understood his frustration, but that we responded promptly upon receipt of the referral from the other agency.  I then remembered that we had a “PUBLIC FILE” on his case and asked if he was aware of that.  He was shocked.  I asked if he’d like that…and he said yes.  I requested he send me a request for it, but that I would get the documents back from the Federal Records Center.  I photocopied the entire file and sent it to him at no charge.  He was totally thankful to have received that material and was amazed that we had such a file and that he got it so promptly.  I really felt good to be able to help him.

Of all the FOIA requests that you have worked on, which attracted the most media attention?
There have been many:  information about bank failures and the “too big to fail doctrine,” specific “bad actors” at specific banks, documents relating to the “independent foreclosure review,”  documents about former senior OCC officials,  the S&L bailout, the Clintons and Whitewater, are a few.

What do you like and not like about working in the FOIA field?
I really enjoy the interaction with the public.  At the end of the day, I like feeling as though I have helped in some small way.  The thing I really don’t like is that FOIA always seems to be at end of everyone’s food chain.  It only becomes a major issue when something happens negatively.

Which FOIA exemption or privilege do you find the most challenging and why?
The OCC is a pretty transparent organization.  We make a lot of materials publicly available on our Web site proactively.  The few denials we do are generally done under the authority of Exemption (b)(8).    My staff and I work very hard to make sure we don’t abuse our right to use it.  

Where were you born/grow up?  
I’m a native of Huntington, WV.

Where did you go to school and what did you study?  
I went to Marshall University, Huntington, WV.  I studied counseling and rehabilitation. 

What was your first job ever?  
At a big box department store that was locally owned and operated.  What did you like or not like about it?   All I will say about it is that I hated working there and lasted for three months.

What do you like to do in your spare time?  
I serve on the Board of Directors of my Homeowners Association.  I also serve as the Vice Moderator at the Metropolitan Community Church of Northern Virginia, Fairfax VA.   My passion is photography and videography.  I’ve shot weddings and other special events.  

If you could meet any historical icon, of the past or present, who would it be and why?  
Perhaps Abraham Lincoln because he created The Office of the Comptroller of the Currency in 1863.  

What is your favorite book?   Shelby Foote’s Civil War trilogy.  

Favorite movie?  Gone With The Wind.  I think I see a trend…I’m a real Civil War buff.  Anything Civil War gets my attention.

What are you really bad at that you’d love to be great (or better) at?  
To focus better.  I suffer from Attention Deficit Disorder and it can be challenging.

FOIA News: Fight Over Debt Collection Records

FOIA News (2015-2024)Kevin SchmidtComment

Fight Over Debt Collection Records

By Michael Stratford, Inside Higher Ed, Mar. 31, 2016

The American Civil Liberties Union and National Consumer Law Center on Tuesday asked a federal court to force the U.S. Department of Education to turn over various documents that show how the government collects student loan debt from defaulted borrowers.

The groups filed a lawsuit against the Education Department, accusing it of violating the Freedom of Information Act by failing to release information about the department’s debt collection policies and its oversight of the private companies hired to collect student loans.

Among the questions that the groups are seeking to answer, they said, is whether the Education Department’s debt collection practices disproportionately affect borrowers of color, who are more likely to have student loan debt in the first place.

Read more here.

FOIA News: Washington Post Profiles Judicial Watch

FOIA News (2015-2024)Kevin SchmidtComment

Judicial Watch, pursuing the Clintons like Inspector Javert for two decades, scores again

By Fred Barbash, Washington Post, Mar. 30, 2016

If you, like at least a quarter of the American electorate, were not born or were still in footies or watching “Barney” when the first Hillary Clinton “scandal” made the cover of Time magazine in 1994 for “clouding her image,” fret not. A conservative watchdog group called “Judicial Watch,” which was on the case then, is still on it now and is more than happy to fill you in.

Its band of expert Freedom of Information Act lawyers — and make no mistake, they are good — continue to plumb the depths of what was called in the mid-’90s the “Whitewater controversy,” the “Whitewater scandal” or the “vast right-wing conspiracy.”

In fact, just this week, Judicial Watch announced it was “asking a federal court to order the National Archives and Records Administration to release draft criminal indictments of Hillary Clinton” stemming from that probe. While others were tried and convicted after an independent counsel probe, Clinton was not charged with breaking any laws.

Read more here.