FOIA News: BuzzFeed Sues DOJ For Names In Ex-US Atty's Office Affair

BuzzFeed Sues DOJ For Names In Ex-US Atty's Office Affair

By Dave Simpson, Law360, Oct. 16, 2017

BuzzFeed hit the U.S. Department of Justice with a Freedom of Information Act complaint in New York federal court Monday, urging the government agency to reveal the names of the former U.S. attorney and a subordinate who were involved in an affair.

BuzzFeed Inc. claims that the DOJ did not address any of the arguments the media company made in its appeal for the names, which were redacted from a May investigation report, to be made public.

Read more here (subscription required). 

FOIA News: NIGC Proposes Revisions to FOIA Regulations

The National Indian Gaming Commission ("NIGC") published a notice of proposed rulemaking for amendments to the agency's FOIA regulations in today's issue of the Federal Register.  The changes are intended to implement the FOIA Improvement Act of 2016 and otherwise "streamline" the NIGC's FOIA process.  Written comments must be received by November 16, 2017.

FOIA News: Snowden Filmmaker Received All Public FOIA Docs, FBI Says

Snowden Filmmaker Received All Public FOIA Docs, FBI Says

Dani Kass, Law360, Oct. 16, 2017

Law360, New York (October 16, 2017, 9:04 PM EDT) -- The FBI and U.S. Customs and Border Protection told a D.C. federal court Friday that they’ve provided filmmaker Laura Poitras with all information available under the Freedom of Information Act related to why she was continually detained at airport security checkpoints for six years, fighting her allegation that they’re wrongly withholding information.

Read more here (subscription required).

FOIA News: DOJ seeks to protect Comey memos

Government wants to argue in secret why it doesn't want to disclose the Comey memos

By Daniel Chaitin, Wash. Exam'r, Oct 14, 2017 

Government lawyers asked a judge Friday to deny CNN's request to force the FBI to publicly disclose former FBI Director James Comey's memos documenting his interactions with President Trump about the Russia investigation.

The news network made the case in a lawsuit filed with the U.S. District Court for the District of Columbia in June that there was high public interest in Comey's memos and that the notes were not classified, as insisted by Comey himself in testimony. CNN, along with other outlets and watchdog groups, had requested the memos under the Freedom of Information Act.

However, a report from CNN on Saturday explained that parts of Comey's memos were determined to be classified and the government argued that to make them public would "reveal the scope and focus of the investigation and thereby harm the investigation" and possible prosecutions.

The government is also requesting that an unnamed "FBI employee" make the government's case in secret.

Read more here.

FOIA News: Request seeks evidence of Tillerson's insult

Is Trump a ‘moron’ in eyes of Cabinet? Non-profit wants to know, files info request

By Matt Campbell, K.C. Star, Oct. 13, 2017

When it comes to President Donald Trump, a non-profit organization wants to get to the bottom of all this “moron” talk.

Free Speech for People on Thursday submitted an FOIA to the State Department requesting any and all material regarding Secretary of State Rex Tillerson’s view on Trump’s state of mind. That would include his reported comment that Trump is a “moron.”

Similar information requests were sent to the Defense Department and the Department of Homeland Security.

Read more here.

Court opinion issued Oct. 10, 2017

Cause of Action Inst. v. DOJ (D.D.C.) -- (1) dismissing as moot plaintiff's claim that agency improperly redacted records as "non-responsive" and improperly segmented one record into multiple records; (2) denying as unduly prejudicial plaintiff's motion to amend complaint to add "policy-or-practice" claim against agency regarding its designation of records as non-responsive.

Summaries of all opinions issued since April 2015 available here. 

FOIA News: MuckRock and SPJ to host FOIA discussion and "FOIA Karaoke"

Join us in DC on November 1st for transparency tactics and FOIA Karaoke

Co-hosted by the Society of Professional Journalists' D.C. Chapter and MEDILL News Service

Michael Morisy, MuckRock, Oct. 11, 2017

In the D.C. area and want to learn how to peek inside federal agencies using FOIA? Join the Society of Professional Journalists’ D.C. Chapter and MuckRock from 6:00 p.m. to 9:00 p.m. on Wednesday, November 1 for a look at the latest strategies and new advice for more targeted requests, followed by a few rounds of “FOIA Karaoke.”

A few lucky winners might even walk away with some exclusive MuckRock swag.

We will discuss FOIA tactics and research tools - including some that have never been shared publicly - that can help you learn about the Trump administration or other topics you’re interested in. The talk will be helpful for both beginners and experienced FOIA requesters.

The event is hosted by the MEDILL News Service bureau of Northwestern University at 1325 G St NW #730, Washington, DC 20005 (Metro Center).

Read more here.

FOIA News: October 19 FOIA Advisory Committee to Discuss the "Digital Future"

FOIA and the Digital Future on Agenda for October 19 FOIA Advisory Committee Meeting

Nat'l Archives & Records Admin., The FOIA Ombudsman, Oct. 11, 2017

The FOIA Advisory Committee has studied and considered the profound effects that technology is having on the way that government operates, and the public’s expectations for transparent government for a little more than a year. During its October 19 meeting, we expect for the discussion to focus on the draft recommendations developed by each of the subcommittees to address these challenges.

As we announced previously, the National Archives’ former Director of Litigation, Jason R. Baron, will address the Committee and discuss the challenge of implementing FOIA in a digital world during the October 19 meeting. We anticipate that Mr. Baron will highlight the deep connection between improving electronic record keeping practices and improving access to agency records through use of FOIA. 

Read more (and register) here.

FOIA News: Symposium - "Fifty Years Under the Freedom of Information Act"

Villanova University, Charles Widger School of Law

The 2017 Villanova Law Review Norman J. Shachoy Symposium

"Fifty Years Under the Freedom of Information Act, 1967 - 2017"

October 20, 2017

The Villanova Law Review examines fifty years of operation under the Freedom of Information Act (FOIA) with its annual Norman J. Shachoy Symposium on October 20, 2017. The symposium features a group of distinguished FOIA and transparency scholars, governmental officials, and FOIA requesters and litigants engaging in a probing review of the issues as experienced on the ground.

FOIA was signed into law on July 4, 1966 by President Lyndon Johnson and became operational exactly one year later. This landmark federal transparency law has played an important role in ventilating executive branch controversies and in enabling oversight of the federal executive.

The symposium takes place on Friday, Oct. 20, from 9 a.m. to 4:30 p.m. in the Laurence E. Hirsch '71 Classroom (Room 101) of Villanova University Charles Widger School of Law (299 North Spring Mill Road, Villanova). This program is approved by the Pennsylvania Continuing Legal Education Board for 5.5 substantive CLE credits.

Read more (and register) here.

FOIA News: CREW files request about VP's NFL walk-out

Mike Pence's NFL Protest Now Faces A FOIA Request for All Records On Its True Cost

Kimerly Ricci, Uproxx, Oct. 10, 2017

Following Mike Pence’s Sunday NFL protest — which saw him dramatically walk out of a Colts-49ers game over players taking a knee — many questioned details surrounding the timing, the chosen opponent, and the wording of accompanying statements and tweets (with President Trump admitting that this visit was in the works for some time). However, no one disputed that this was one expensive protest footed by taxpayers.

Initial estimates based upon publicly available details placed the bill at around $242,500, mainly based upon expenses associated with flying in Air Force 2. However, there’s still the matter of Secret Service protection, which everyone realizes doesn’t come cheap. As a result, watchdog group Citizens for Ethics (CREW) has filed a Freedom of Information Act (FOIA) request for any and all records relating to security, flight costs, and other hidden odds and ends.

Read more here.