FOIA News: A House Committee Doesn't Want You To See Its Correspondence With Government Officials

A House Committee Doesn't Want You To See Its Correspondence With Government Officials

By Mary Ann Georgantopoulos and Daniel Wagner, Buzzfeed, May 5, 2017

The Chairman of the House Committee on Financial Services sent a letter last month to the head of the Treasury Department instructing him to decline Freedom of Information requests relating to communications between the two offices, a letter that open records advocates called "deeply troubling."

Congressman Jeb Hensarling, a Republican from Texas and the committee's chair, sent letter dated April 3 to Treasury Secretary Steven Mnuchin. Also included on the letter were Ranking Member of the Financial Services Committee Maxine Waters, Director of the Office of Financial Research Richard Berner, and the Director of the Federal Insurance Office Michael McRaith.

The letter reads that since the Committee on Financial Services has legislative and oversight jurisdiction over the Treasury Department, all records of communication between the two offices and any documents produced remain in the committee's control — even when in the physical possession of the Treasury Department.

Read more here.

Court opinion issued May 1, 2017

N.Y. Times v. CIA (S.D.N.Y.) -- awarding plaintiff $51,909.86 in attorney's fees and costs in case where CIA withdrew its Glomar response late in litigation and released portions of three reports concerning chemical weapons in Iraq.   Notably, the court declined to adopt CIA's argument that the reasonableness of its legal position automatically outweighed other three "entitlement" factors that plaintiff's favor.   

Summaries of all opinions issued since April 2015 available here.

FOIA News: OGIS moving to a new location

Update Your Address Book: OGIS is Moving!

Nat'l Archives, The FOIA Ombudsman, May 3, 2017

Within the next few weeks, OGIS will have a new physical and virtual home.

Contacting our New Office

Beginning on May 5th, our offices will be located within the Government Publishing Office at 732 North Capitol St. NW, Washington, DC 20401. While we are doing everything possible to ensure that the move is as seamless as possible, there will be some disruption in our work. Please bear with us as we settle into our new location.

If you are mailing us a request for assistance resolving a FOIA dispute, please continue to use the address 8601 Adelphi Road – OGIS College Park, MD 20740-6001. Our toll free number, and phone numbers for all of our staff, will remain the same.

Read more here.

FOIA News: OIP releases summary of FY2016 annual reports

SUMMARY OF FISCAL YEAR 2016 ANNUAL FOIA REPORTS PUBLISHED

DOJ/OIP, FOIA Post, May 3, 2017

Today, the Office of Information Policy (OIP) released its government-wide summary of agencies’ Annual Freedom of Information Act (FOIA) Reports. This comprehensive picture into the government’s FOIA activities during the previous fiscal year looks at key statistics in FOIA administration and identifies trends in FOIA processing by comparing data from prior years.

"The FOIA is used by hundreds of thousands of requesters every year as an important tool for accessing government information,” said Director Melanie Pustay of the Office of Information Policy. “As demand continues to increase, the Annual FOIA Report provides the public a wealth of detailed information about agencies’ handling of these requests."

Read more here.  

Read report here.  

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.