FOIA Advisor

FOIA News: FOIA suits cost $36 million in 2016

FOIA News (2015-2025)Allan BlutsteinComment

Obama's Final Year: US Spent $36 Million in Records Lawsuits

Ted Bridis, Associated Press, Mar. 14, 2017

The Obama administration in its final year in office spent a record $36.2 million on legal costs defending its refusal to turn over federal records under the Freedom of Information Act, according to an Associated Press analysis of new U.S. data that also showed poor performance in other categories measuring transparency in government.

Read more here.

FOIA News: Agency not required to search private email, court rules

FOIA News (2015-2025)Allan BlutsteinComment

Judge shuts down FOIA suit that set precedent on private emails

By Josh Gerstein, Politico, Mar. 13, 2017

A pro-business group's lawsuit set an important precedent last year that messages on a federal employee's private email account can be subject to release under the Freedom of Information Act.

However, the suit came up short Monday on its original goal of persuading a federal judge to order an actual search of the private email account in question.

Read more here.

FOIA News: Volunteers needed to transcribe declassified records

FOIA News (2015-2025)Allan BlutsteinComment

Celebrate Sunshine Week By Transcribing Once Top-Secret Documents

The National Archives wants you…to make documents more accessible to future generations

By Erin Blakemore, Smithsonian.com, Mar. 13, 2017

Since 2005, news organizations, freedom of speech advocates and government institutions have spent a week each year mid-March celebrating access to public information. It’s called Sunshine Week, and it’s a chance to draw attention to the types of information funded—and owned—by all. Now, reports Shaunacy Ferro of mental_floss, you can get in on the act by helping transcribe hundreds of recently declassified documents for the National Archives.

Read more here.

Court opinion issued Mar. 9, 2017

Court Opinions (2015-2024)Allan BlutsteinComment

De Sousa v. CIA (D.D.C.) -- finding that: (1) CIA properly refused to confirm or deny existence of various records concerning kidnapping of Abu Omar pursuant to Exemption 1; (2) State Department properly issued a partial Glomar response in order to protect classified information; (3)  Department of Defense needed to supplement record as to whether it expressly adopted a draft letter as final agency policy.

Summaries of all opinions issued since April 2015 available here.

FOIA News: SEC receives FOIA award

Allan BlutsteinComment

SEC FOIA Office Receives Award for Exceptional Service

FOR IMMEDIATE RELEASE
2017-65

Washington D.C., March 13, 2017—The Securities and Exchange Commission today announced that its Office of Freedom of Information Act (FOIA) Services was recognized by the U.S. Department of Justice for “exceptional service” by FOIA professionals. 

The award to a team of 28 professionals recognized their work in handling a growing volume of FOIA requests while reducing the office’s backlog. Between fiscal 2010 and fiscal 2016, FOIA requests to the SEC rose by 38 percent while the number of completed requests in that period increased by 40 percent. 

Read SEC's full press release here.

FOIA News: POGO Powers Up for Sunshine Week

FOIA News (2015-2025)Kevin SchmidtComment

POGO Powers Up for Sunshine Week

By Ari Goldberg, Project on Government Oversight, Mar. 10, 2017

It may still be cold in much of the US, but next week the Project On Government Oversight (POGO) will be marking Sunshine Week with a series of hot events aiming a spotlight on open government. For the 12th year in a row, journalists, advocates, and citizens will hold workshops, discussions, and nationwide events celebrating access to public information.

POGO is taking part in no fewer than four events next week, along with a 7-day social media surge promoting open government under the hashtag #SunshineWeek. If you’re not in the nation’s capital, you can participate in some of these discussions online. You can also check this calendar to find an event in your area.

Read more here.

Court opinions issued Mar. 8, 2017

Court Opinions (2015-2024)Allan BlutsteinComment

Gahagan v. U.S. Citizenship & Immigration Servs. (E.D. La.) -- stating that "[t]he Court will not reconsider its prior ruling based on any clarity finally achieved [by USCIS] only after a Court-ordered search and submission that was prompted by the agency's own inadequate presentation. USCIS cannot retroactively satisfy its burden to show an adequate search had been conducted after haphazardly filing incomplete or inaccurate affidavits, confusing the bar, the Court, and the public it is intended to serve."

Wu v. Nat'l Geospatial Intelligence Agency (D. Conn.) -- holding that agency performed a reasonable search for satellite images at or near plaintiff's residence.

Ahuruonye v. U.S. Dep't of the Interior (D.D.C.) -- finding that U.S. Fish & Wildlife Service conducted an adequate search for personnel records concerning plaintiff.

Summaries of all opinions issued since April 2015 available here.