By Shayna Posses, Law360, Mar. 7, 2017
Judicial Watch Inc. filed a Freedom of Information Act suit in D.C. federal court Monday, alleging several federal agencies haven’t responded to the conservative watchdog’s request for records related to the investigation of former national security adviser Michael Flynn’s alleged discussions with a Russian official.
Read more here. (Subscription)
Monday, March 13:
10am-noon: Department of Justice Sunshine Week 2017 Celebration
1pm-4:30pm: Sunshine Week 2017 at the National Archives
Tuesday, March 14
9am-noon: Department of Commerce National Sunshine Week Kickoff Event, Strengthening Transparency through Open Data and Access to Information
6:30-9pm: DC Open Government Summit and Reception
Wednesday, Mar. 15
1:30pm: American Library Association James Madison Award Ceremony
Thursday, March 16
6-8pm: Society of Professional Journalists, Cops & Cameras: privacy, transparency and limitations
Parker v. U.S. Immigration & Customs Enf't (D.D.C.) -- deciding that ICE failed to perform an adequate search for certain records concerning its investigation of plaintiff, and that the agency properly withheld certain information pursuant to Exemptions 7(C) and 7(E).
Summaries of all opinions issued since April 2015 available here.
Yesterday the Postal Regulatory Commission issued a final rule amending its FOIA regulations in accordance with the FOIA Improvement Act of 2016. The amended regulations are effective April 5, 2017.
Mar. 1, 2017
Our Children's Earth Found. v. Nat'l Marine Fisheries Serv. (N.D. Cal.) -- determining that plaintiffs were eligible and entitled to attorney's fees and costs, but rejecting their request for $723,202.74 because of unreasonable hourly rates and excessive or redundant work.
Feb. 28, 2017
Walston v. DOD (D.D.C.) -- concluding that: (1) the Defense Information Systems Agency (DISA) failed to perform an adequate search for records concerning plaintiff's complaint to DISA's Inspector General; (2) DISA properly withheld one record pursuant to attorney-client privilege; and (3) DISA properly redacted identifying information of agency investigators pursuant to Exemption 6.
Feb. 27, 2017
Broward Bulldog, Inc. v. U.S. Dep't of Justice (S.D. Fla.) -- in case involving Exemptions 1, 3, 5, 6, 7(A), 7(C), 7(D), and 7(E), granting in part and denying in part government's summary judgment motion with respect to four disputed documents concerning FBI investigation of a Saudi family in Florida after September 11, 2001.
Summaries of all opinions issued since April 2015 available here.
By Jacob Brogan, Slate, Mar. 2, 2017
On Wednesday, the Washington Post reported that Attorney General Jeff Sessions had spoken twice with Russian Ambassador Sergey Kislyak during the 2016 campaign. While Sessions’ objections to that news were mostly dubious, some were drawn to another aspect of his official response. On Twitter, Edward-Isaac Dovere, Politico’s chief political correspondent, noted that Sarah Isgur Flores, the Department of Justice’s director of public affairs, was using her personal Gmail account to reply to reporters.
…
In some cases, government officials may rely on such alternatives in an attempt to evade scrutiny. But as James Valvo, counsel and senior policy adviser for Cause of Action told me, the issue also remains widespread because it’s simply more convenient for government representatives to work through their personal accounts. “A lot of this is getting caught up in ease of response. But that’s no excuse,” he said.
Read more here.
FOIA March Madness 2017 brackets are now open
Beryl Lipton, MuckRock, Mar. 1, 2017
Greetings, FOIA fans! It’s March at MuckRock and around the globe, which means it’s time for a touch of Madness - FOIA March Madness, that is.
In four rounds - beginning with tip-off on Tuesday, March 14 and concluding with the champion announcement on Monday, April 10 - we’ll be facing 64 agencies against one another in a contest for the fastest, most complete Freedom of Information Act request response.
Read more here.
How to Force Government Transparency, Even Under Trump
Rick Carp, Rolling Stone, Feb. 10, 2017
In the United States, the government is supposed to work for the people. It is, after all, in the people's name – and with their dollars – that everything is carried out, from tanks being transferred from military zones to American towns, to prisons being left to profit from mass incarceration, to soldiers being given secret, experimental treatments in an attempt to make them telepathically communicate. Since 1967, citizens have been allowed to request documentation of any government actions, thanks to a collection of laws known generally as the Freedom of Information Act.
Read more here.
The FBI Won't Accept Your Emailed FOIA Anymore
Paul Detrick, Reason, Mar. 1, 2017
Hey millennial FOIA nuts: Time to familiarize yourselves with the concept of a paper jam.
The Federal Bureau of Investigation (FBI) has stopped accepting Freedom of Information Act (FOIA) requests by email. The agency wants requesters to use fax, standard mail, or the agency's online portal, FBI eFOIPA.
The goal seems to be "creating a lot of extra burden," says Adam Marshall, an attorney with the Reporters Committee for Freedom of the Press. "Everyone is used to emails. It creates a permanent record. It has a time-stamp on it. Everyone knows how to use it."
Read more here.
Trump's Budget Declares War on FOIA
The FOIA Blog, Mar. 2, 2017
The Washington Post reports that the current administration plans to make huge cuts in all non defense agencies in its proposed budget. These drastic cuts are clearly a declaration of war on a number of things that assist democracy, including an all out attack on the FOIA. The FOIA is not a line item in agency budgets that are approved by Congress. FOIA funds come out of regular operations of the agencies and the agencies allocate the resources based on what money they have coming in. As such, FOIA operations, in the best of times need to fight to keep up with the number of requests entering the FOIA process. Now, with some cuts at agencies reported to be up to 20% (EPA), agencies will be forced to cut their already bare bones FOIA operations - this will result in slower response times to requesters. It is likely that in many cases, only those requesters who resort to the courts will get their FOIA requests processed in a somewhat timely manner. Even if not its desired effect, this budget proposal is an all out assault on transparency. Hopefully, bipartisan members of Congress, who came together in 2016 to pass amendments to the FOIA, will fight back over the draconian cuts that the proposed budget will bring to counter the administration's War On FOIA.
Read the original post here.