FOIA News: DOJ announces two FOIA workshop sessions

FOIA BEST PRACTICES WORKSHOP CONTINUES THIS SUMMER

DOJ/OIP, FOIA Post, May 1, 2017

OIP is pleased to announce two new topics and dates for our Best Practices Workshop series as we continue this initiative this summer. OIP launched the Best Practices Workshop series in 2014 as a way to share and leverage successes in FOIA administration across the government. Each workshop in the series focuses on a specific topical area and includes a panel of representatives who share their success stories and strategies. For example, some of the topics covered in the first series of workshops included panels on reducing backlogs, proactive disclosures, and implementing technology in FOIA administration. This series continues to be an opportunity for professionals at every level of the FOIA process to learn from one another and to leverage the successes of other agencies for their own organizations.

The dates and topics for the new workshops are:

Collaborating for Results: Agencies and Requesters Working Together Throughout the FOIA Process

June 15, 2017, 10:00 am to 12 noon

Best Practices for Self-Assessments and Improving FOIA Processes
August 23, 2017, 10:00 am to 12 noon

Read more here.

FOIA News: Center for Biological Diversity Sues for EPA Director Pruitt's Emails and Schedule

Complaint here.

FOIA News: Suits increasingly seek search of personal email

Former Homeland Security Secretary Jeh Johnson snared in growing pursuit of personal email

By Alex,Swoyer,  Wash. Times, May 1, 2017

Former Homeland Security Secretary Jeh Johnson has dug through more than 26,000 emails from his personal account, trying to figure out which of those were government business that he should have turned over to the government as official records, the Justice Department told a federal court Monday.

Three of Mr. Johnson’s top aides also used personal accounts to do their official work, the government has told the court — feeding the growing legal storm over secret email accounts and how much access the public should have to those records.

Judicial Watch has sued to get a look at the messages from Mr. Johnson and his staffers.

Read more here.

FOIA News: OPIC revises its FOIA regs

The Overseas Private Investment Corporation has updated its FOIA regulations, as set forth in a final rule appearing in today's Federal Register.  The final rule "incorporates the FOIA revisions contained in the FOIA Improvement Act of 2016, makes administrative changes to reflect OPIC’s costs, and conforms more closely to the language recommended by the Department of Justice, Office of Information Policy."  The rule is effective May 1, 2017.  

FOIA News: FOIA is "so hot," says Miami law school

FOIA: So Hot Right Now

Jenny Ledig, University of Miami Law Review, Apr. 26, 2017

A president riding into office on the mantra “drain the swamp” might suggest an administration that would embrace the purpose of the Freedom of Information Act, facilitating government transparency and accountability. But now, after President Trump’s 100th day in office, his team so far shows no intention of increasing transparency under his administration.

History has shown us that when it comes to the Freedom of Information Act (FOIA), even with the best of intentions, a president’s aspirations can often diverge from reality when in office. Thankfully, the party not occupying the White House is always eager to offer constructive criticism, from Representative Jason Chaffetz’s “FOIA is Broken: A Report” to Representative Henry Waxman’s “Secrecy in the Bush Administration.”

Read more here.

Court opinion issued Apr. 27, 2017

Sikes v. U.S. Dep't of the Navy (S.D. Ga.) -- ruling that: (1) agency was not required to certify authenticity of records previously released to plaintiff concerning Admiral Jeremy Michael Boorda; and (2) agency did not waive privacy exemption applicable to Admiral Boorda's suicide note by producing photograph that incidentally contains blurry, illegible depiction of suicide note.

Summaries of all opinions issued since April 2015 available here.

FOIA News: ICYMI, FOIA suits attempt to uncover bullying of civil servants

Watchdog group, citing “integrity of civil service,” sues Trump to find out if feds are being bullied

By Lisa Rein, Wash. Post,  Apr. 27, 2017

A watchdog group led by former Obama administration lawyers filed lawsuits Thursday against three federal agencies to force them to release communications the group suspects show the Trump administration is bullying civil servants.

The complaints, filed in U.S. District Court in Washington, contend that the Department of Health and Human Services and the Energy Department are violating the law by refusing to respond to requests under the Freedom of Information Act for communications about career employees between top White House political aides and their counterparts at the agencies. The group also is appealing a State Department decision on a similar request for information.

Read more here.

Court opinions issued Apr. 26, 2017

Simon v. DOJ  (D.D.C.) -- (1) denying plaintiff's motion to compel the Executive Office for U.S. Attorneys to individually process 61 separate requests about plaintiff and his wife's prosecution for tax evasion; (2) denying as unripe plaintiff's argument that EOUSA's ongoing search will ultimately prove inadequate.

Reynolds v. DOJ (D.D.C.) -- dismissing case after finding that EOUSA never received pro se inmates FOIA requests. 

Summaries of all opinions issued since April 2015 available here.

FOIA News: House Votes To Subject Fannie Mae And Freddie Mac To FOIA

House Votes To Subject Fannie Mae And Freddie Mac To FOIA

By Michael Macagnone, Law360, April 27, 2017

The House on Thursday passed a bill to subject Fannie Mae and Freddie Mac to the Freedom of Information Act while they remain in government conservatorship, with some tweaks.

The Fannie and Freddie Open Records Act of 2017, from Rep. Jason Chaffetz, R-Utah, applies most of FOIA’s requirements to the two companies, which have been in government conservatorship since the 2008 economic crisis.

Read more here (subscription). 

FOIA News: House committee considers bill to open records at Fannie Mae and Freddie Mac

House committee considers bill to open records at Fannie Mae and Freddie Mac

By Kelsey Ramirez, HousingWire, April 24, 2017

Under current law, the Freedom of Information Act does not apply to Fannie Mae and Freddie Mac because, while they are under federal conservatorship, they are not federal agencies.

H.R. 1694, introduced by Rep. Jason Chaffetz R-UT, seeks to change that.

Under the bill, the GSEs would be directed to accept and process FOIA requests from the public and release information to satisfy those request for as long as they remain under federal conservatorship.

Read more here.