By Jimmy Hoover, Law360, Feb. 24, 2017
Watchdog group Fix the Court filed a Freedom of Information Act lawsuit in D.C. federal court Friday, demanding extensive records from U.S. Supreme Court nominee Neil Gorsuch’s tenure at the U.S. Department of Justice after it failed to respond to the group's months-old document request.
Read more here (Subscription).
Q. Is information compiled by the "FARM SERVICE AGENCY (FSA)" of the United States Department of Agriculture available to the public through the FOIA?
A. Yes. Records controlled by the FAS are subject to FOIA. Here is the agency's electronic request form.
Q. Can I file a FOIA [in Virginia] to obtain records from a Property Management LLC?
A. No. The state statute does not apply to such private companies.
Q. If you are not a taxpayer of a government body [in Illinois], can you still ask for minutes and financials reports from a government body?
A. Yes. Anyone may submit a request for records maintained by a state or local agency in Illinois; residency is irrelevant. A few States do have residency requirements -- for example, Tennessee, Virginia, Delaware, Alabama, and Arkansas -- but not Illinois.
Q. Can I make a Freedom of Information request to a non-profit organization [in Massachusetts] if they failed to provide a resolution to my complaint against my boss? The investigation is over, but I would like copies of the complete investigation because they did not give me any resolution and it's been since November 2016.
A. No. Freedom of information laws generally apply to governmental entities, not private entities like non-profit organizations. For further information about the Massachusetts Public Records Law, here is guidance published by the Attorney General of Massachusetts.
Q. If I request a calendar of a public official [in Illinois], am I entitled to the entire calendar or is the official allowed to redact the information in the calendar before releasing the information?
A. Yes, the calendar of an elected state official may be redacted if a statutory exemption applies. For further information, you may wish to browse the FOIA website of the Illinois Attorney General.
Albers v. FBI (W.D. Wash.) -- finding that it was reasonable for FBI to initially search its Automated Case Support case management system for only "main entries" in response to request for all records "pertaining to" plaintiff.
Summaries of all opinions issued since April 2015 available here.
Yesterday the National Labor Relations Board issued a final rule amending its FOIA regulations, as set forth in a notice published in the Federal Register. Among other things, the revisions reflect changes mandated by the OPEN Government Act of 2007 and the FOIA Improvement Act of 2016. The final rule will be effective March 6, 2017.
The National Archive's FOIA Ombudsman has released a tentative agenda for its celebration of Sunshine Week 2017 on Monday, March 13th. Registration is available from now until March 10th. Further details are available here.
Citing 'unusual circumstances' PTO delays responding to FOIA request on status of Michelle Lee
Gene Quinn, IP Watchdog, Feb. 24, 2017
On January 26, 2017, attorney Gary Shuster filed a Freedom of Information Act (FOIA) request (FOIA Request No. F-17-00099) with the United States Patent and Trademark Office (USPTO). The request was rather simple. Generally speaking, Shuster was looking for information on the status of Michelle Lee. More specifically, Shuster wanted information on who might be Director or Acting Director of the USPTO.
As you might guess, the USPTO continues to refuse to answer any questions — or FOIA requests — about Michelle Lee or whoever is currently running the Office.
Read more here.
By Ryan Lovelace, Wash. Examiner, Feb. 24, 2017
Fix the Court is suing the Justice Department for access to records from Supreme Court nominee Neil Gorsuch's tenure as a deputy assistant attorney general.
Fix the Court is an organization that advocates for greater transparency at the Supreme Court, and has called for term limits for the justices. On Friday, the organization filed a lawsuit in federal court after the Justice Department decided to delay its response to the group's Freedom of Information Act request for details of Gorsuch's work in 2005-2006.
[Note: As FOIA Advisor reported less than two weeks ago, Merrick Garland's DOJ records are maintained by the National Archives and Records Administration and are now available online as a result of FOIA requests submitted by America Rising.]
Gilliam v. U.S. Dep't of Justice (D.D.C.) -- concluding that Drug Enforcement Administration performed a reasonable search for records concerning investigation that led to plaintiff's drug trafficking conviction and that DEA properly withheld certain records pursuant to Exemptions 7(C), 7(D), and 7(E).
Reporters Comm. for Freedom Press v. FBI (D.D.C.) -- ruling that FBI performed a reasonable search for records concerning the agency's alleged practice of impersonating the news media and that it properly withheld certain records pursuant to Exemptions 1, 3 (Nat'l Sec. Act of 1947), 5 (attorney work-product), 6, 7(C), and 7(E).
Summaries of all opinions issued since April 2015 available here.
Here's to hoping it won't be a total eclipse from the start
By Scott A, Leadingham, Quill, Feb. 23, 2017
What does the Trump administration mean for freedom of information, public records, and general government accountability and transparency? Maybe the news media should shy away from the prediction business based on the not-too-stellar record of poll watching in 2016. No matter who is president, there’s an ever-increasing need for vigilance from journalists to safeguard the values of government transparency and openness underscored by the Freedom of Information Act and all public records laws.
Read more here.
OGIS Blog, Feb. 22, 2017
OGIS is waiting by the phone to hear about your experience with the CFBP FOIA Program. Have you made a Freedom of Information Act (FOIA) request to Consumer Financial Protection Bureau (CFPB)? Our Compliance Team wants to hear about your experience.
Read more here.