FOIA News: FOIA Machine joins MuckRock

FOIA Machine joins MuckRock to make government more open for everyone

By Michael Morisy, MuckRock, Nov. 29, 2016

With fake news seemingly everywhere and government secrecy becoming the norm, public records are more important than ever. To help, I’m pleased to share that FOIA Machine is joining MuckRock. The two sites will continue to operate independently to offer easy, accessible tools to help reporters, researchers, and the general public file, track, and share their public records requests.

Since its successful Kickstarter in 2013, FOIA Machine has helped journalists around the country write and manage their public records requests. It’s been used for projects large and small, and it helped galvanize the interest of thousands of users.

Now, that same community will have access to a rebuilt FOIA Machine that follows the same principles, but also taps into MuckRock’s rich database of agencies, jurisdictions, and exemptions.

In fact, the two sites will now share the same codebase, as MuckRock goes open source. As improvements are made to one tool they will more easily be developed for the other.

Read more here.

FOIA News: D.C. Circuit to hear "reading room" case next week

Oral Argument Preview: CREW v. DOJ

By David Ryan, Lawfare,  Nov. 28, 2016

On December 5, the D.C. Circuit will hear oral argument in Citizens for Responsibility and Ethics in Washington v. U.S. Department of Justice. The case presents an important question concerning the Freedom of Information Act: whether the Act’s “reading room” provision requires DOJ to prospectively disclose controlling legal opinions issued by the Office of Legal Counsel (OLC), without first receiving a request for specific documents.

The Office of Legal Counsel is the DOJ component responsible for providing authoritative legal advice to the White House and executive branch agencies. As explained in the Office’s 2010 Best Practices Memorandum, OLC frequently resolves novel legal questions that are important to the functioning of the government but unlikely to reach the federal courts in a justiciable controversy. This means that in many cases, OLC’s legal opinions are “effectively [the] final word on the controlling law” within the executive branch. Despite their importance, many OLC opinions are never released to the public, typically because they contain confidential legal advice or other sensitive government information.

Read more here.

FOIA News: FSOC to revise FOIA regs

The Financial Stability Oversight Council has proposed to revise its FOIA regulations, according to a notice scheduled to be published in the Federal Register on November 28, 2016.  The changes will implement the FOIA Improvement Act of 2016.  

The deadline to submit comments is January 27, 2017.  

Court opinions issued Nov. 23, 2016

Levinthal v. Fed. Election Comm'n (D.D.C.) -- concluding that the agency properly withheld a vulnerability assessment of its information technology systems pursuant to Exemptions 5 and 7(E).   

Sklarski v. Niagara Falls Bridge Comm'n (W.D.N.Y.) -- holding that the Commission is not subject to FOIA because its employees are not federal employees, it receives no federal funds, and the federal government does not recommend or appoint Commissioners.

Summaries of all opinions issued since April 2015 available here.

FOIA News: ICYMI, new OGIS director appointed by National Archives

Alina M. Semo Appointed Director of the Office of Government Information Services

NARA Press Release, November 23, 2016

Archivist of the United States David S. Ferriero today announced the appointment of Alina Semo as the new Director of the National Archives Office of Government Information Services (OGIS). OGIS, an organization established under the OPEN Government Act of 2007, provides policy guidance and mediation services for Freedom of Information Act (FOIA) activities government-wide.

Ms. Semo has served as Director of Litigation in the Office of General Counsel since joining the National Archives in March 2014, and has worked closely with the FOIA team and other National Archives offices to respond to FOIA requests and appeals.  She has provided frequent legal advice to ensure consistent agency responses, and helped rewrite the National Archives’ FOIA regulations. She also provided legal guidance and support to OGIS on administrative and mediation processes, and on issues involving the FOIA Advisory Committee.

Read more here.

Court opinions issued Nov. 22, 2016

Friends of the River v. U.S. Army Corps of Eng'rs (N.D. Cal.) --  transferring case to District of Columbia because plaintiff failed to establish that responsive records were likely located in the Northern District of California.   

Wadhwa v. Sec'y, Dep't of Veterans Affairs (D.N.J.) -- granting plaintiff's motion to compel discovery because the agency ignored instructions to submit affidavit explaining its Glomar response or its withholding under Exemptions 5 and 6. 

Summaries of all opinions issued since April 2015 available here.

FOIA News: Thank a FOIA Officer

Take a minute to thank a FOIA officer who helped open up government

Transparency laws wouldn’t work without helpful public servants. Give them some well-deserved recognition.

By Michael Morisy, MuckRock, Nov. 24. 2016

As challenging as public records can be, it’s an incredibly important part of the democratic process that often provides a unique opportunity for oversight and engagement. That opportunity wouldn’t be possible without government officials doing their job, and often going above and beyond in the name of transparency.

This holiday, we once again want to ask you to take a moment and say thanks to a public records officer who has gone above and beyond in helping process a request. Maybe it was for waiving a fee, or helping you better phrase your request to get what you wanted.

Read more here.

Court opinions issued Nov. 21, 2016

Torres Consulting & Law Grp., LLC v. NASA (9th Cir.) (unpublished opinion) -- reversing and remanding district court's decision that certain payroll information was protected by Exemptions 4 and 6.  

Elec. Privacy Info. Ctr. v. DHS (D.D.C.) --  concluding for fee purposes that that plaintiff substantially prevailed because court issued scheduling order and because FOIA litigation substantially caused DHS to produce documents; further finding that plaintiff was entitled to fees because all factors weighed in plaintiff's favor.

Vakili v. DHS (N.D. Cal.) -- dismissing plaintiff's possible FOIA claims for failing to prosecute and for failing to exhaust his administrative remedies.

Summaries of all opinions issued since April 2015 available here.

FOIA News: Amtrak proposes revisions to FOIA regs

The National Railroad Passenger Corporation (Amtrak) has proposed revisions to its FOIA regulations as set forth in a notice published today in the Federal Register.  The regulations incorporate statutory amendments made by the FOIA Improvement Act of 2016,  and "update, clarify, and streamline the language of its regulations in order to make the FOIA process easier for the public to navigate."

The deadline to submit comments is December 23, 2016.

FOIA News: State Dep't search for Clinton records inadequate, judge rules

Judge faults State over Clinton visitor records

By Josh Gerstein Politico, Nov. 22, 2016

A federal judge has rejected the State Department's handling of a request for records of visitors to former Secretary of State Hillary Clinton's office, ruling that officials there did not do an adequate search before they told the Republican National Committee that no such records were found.

"The narrow interpretation given by the agency to the Visitor Records Request improperly limited the scope of the search, rendering the search conducted in this case inadequate," Judge Beryl Howell wrote in an opinion issued Tuesday evening.

Read more here.