FOIA News: FBI releases Marc Rich files

Clinton camp questions FBI release of Marc Rich pardon files

The bureau published heavily redacted records of former President Clinton's pardon of a fugitive financier.

By Josh Gerstein, Politico, Nov. 1, 2016

Hillary Clinton’s presidential campaign is raising questions about the timing of the FBI’s release Tuesday of records on a 15-year-old investigation into President Bill Clinton’s pardon to fugitive financier Marc Rich.

The FBI posted the 129 pages of records in its online Freedom of Information Act reading room in apparent response to a FOIA request seeking information on FBI inquiries into the Clinton Foundation.

The release was dated Monday, but an FBI Twitter account flagged the new posting Tuesday.

Read more here. 
 

Q&A: Benghazi, Libya

Q.   The Benghazi Embassy had to have more than 4 employees/contractors in order to run an operation of that size and scope.  How many were assigned, employed, or contracted, however they're categorized.  Were they ever questioned by Congress? If yes, what did they report? If they weren't, why not?  How do I obtain this information?

A.  If you are interested in documents concerning Benghazi, you could send a FOIA request to the U.S. State Department (instructions here).  Keep in mind, however, that an agency is not required to answer questions in response to a FOIA request; it need only search for reasonably described records.  Additionally, before making a request, you might wish to browse reports and hearing testimony available from the U.S. House of Representative's Select Committee on Benghazi.  

FOIA News: FBI sued over records of Bill Clinton, Loretta Lynch meeting

FBI sued over records of Bill Clinton, Loretta Lynch meeting

By Sarah Westwood, Washington Examiner, Oct. 31, 2016

A conservative-leaning watchdog group sued the FBI Friday after the law enforcement agency ignored a Freedom of Information Act request for records related to the Hillary Clinton email investigation.

Judicial Watch filed a FOIA on July 7 for documents that included "all records related to the meeting between Attorney General Lynch and former President Bill Clinton on June 27, 2016."

Bill Clinton and Lynch met privately on a Phoenix tarmac in the final days of the email probe after they said their jets unexpectedly landed near each other.

Read more here.

Court opinions issued Oct. 27, 2016

Freedom Watch v. Bureau of Land Mgmt. (D.D.C.) -- denying plaintiff's so-called discovery request seeking "full production" of requested records in case in which agencies averred they had never received plaintiff's requests.  

Morales v. Sec'y, U.S. Dep't of State (D.D.C) -- denying plaintiffs' emergency motion seeking immediate processing of their FOIA request, because: (1) plaintiffs failed to ask the agency for expedited processing in his FOIA request; and (2) plaintiffs did not establish that they met any of the factors warranting preliminary injunctive relief. 

Summaries of all opinions issued since April 2015 available here.

FOIA News: HHS issues final FOIA regulations

The U.S. Department of Health and Human Services has issued the final version of its FOIA regulations, which were published today in the Federal Register.  The regulations were revised in order to reflect changes made to the statute over the past two decades and organizational changes within the Department.   

[Note:  I submitted the following comments to HHS on behalf of America Rising LLC]

Q&A: Good service is hard to find

Q.  Who do I serve if I am filing a FOIA lawsuit against the U.S. Customs & Border Patrol?

A.  Service of process in federal matters is governed by Rule 4 of the Federal Rules of Civil Procedure.  Note that subsection (i) addresses suits against the United States and its agencies.   You might also wish to consult the local rules of the district court in which you file the suit.   As an example, see the local rules for the U.S. District Court for the District of Columbia.  Additionally, section 5.42 of title 6 of the Code of Federal Regulations provides information about the service of summonses and complaints against the U.S. Department of Homeland Security.  

Guidance for pro se litigants is available from most federal district courts.  The U.S. District Court for the District of Columbia, for example, has published this handbook about how to file suits.

FOIA News: Reporter Demands Info on Guantanamo Money

Reporter Demands Info on Guantanamo Money

By Britain Eakin, Courthouse News Service, Oct. 26, 2016

A Miami Herald reporter who has covered the Guantanamo prison camp for 15 years sued the Pentagon on Monday, claiming it stonewalled her request for information about $340 million in upgrades, new construction and staffing in years to come, despite President Obama's long-stated goal of closing the prison.

Carol Rosenberg asked the Department of Defense and its U.S. Southern Command about its plans to spend more than $340 million at Guantanamo in the next five years, she said in her federal FOIA complaint.

"Despite the shrinking prison population, the Obama Administration's stated intent to close the base, and presidential candidate [Hillary] Clinton's support for closing the base, evidence suggests that the level of staffing at Guantanamo is nearing a historic high," the complaint states.

Read more here.

FOIA News: Episode III -- Return of the Drones

Another Round Over Drone Secrecy Hits Second Circuit

By Adam Klasfeld, Courthouse News Service, Oct. 25, 2016

Refereeing the third round of the same transparency fight, the Second Circuit left court-watchers in suspense over whether it would shine a light on the government's reasons for targeting U.S. citizens abroad in drone strikes.     

Two years ago, the American Civil Liberties Union scored a clean knock-out in the first round that revealed an important document about the government's so-called targeted-killing program, but the government had the civil-rights group on the ropes in the sequel, in which it protected the vast majority of its records.

After an hour-long Second Circuit match-up on Tuesday, the fate of the final chapter of the trilogy — which centers on the fight to disclose 59 more documents — is anybody's guess.

Read more here.

FOIA News: Recap of FOIA Advisory Committee meeting

FOIA committee mulls Section 508 responsibilities

By Meredith Somers,  Federal News Radio, Oct. 25, 2016

Section 508 of the Rehabilitation Act is meant to act as a curb ramp for access to federal information and communication technology, but for some Freedom of Information Act stakeholders, 508 is more like a pothole.

That debate on whether 508 is an aid for open government or a crutch for agencies to lean on to avoid releasing information was highlighted during the Oct. 25 National Archives and Records Administration’s Federal Freedom of Information Act (FOIA) Advisory Committee meeting.

Officials with the U.S. Access Board —which is charged with providing standards under Federal Acquisition Regulation —told committee members a final rule for Section 508 is under review at the Office of Management and Budget, which will hopefully clear up questions around compliance.

Read more here.

Court opinion issued Oct. 24, 2016

Hedrick v. FBI (D.D.C.) -- ruling that the FBI conducted an adequate search for records concerning plaintiff, including his prosecution for the child pornography offenses, and that the agency properly redacted information about third parties pursuant to Exemption 6 and 7(C).

Summaries of all opinions issued since April 2015 available here.