FOIA Advisor

FOIA News: Requests to EPA & Interior draw WAPO's attention

FOIA News (2015-2024)Allan BlutsteinComment

Trump environmental officials are keeping tight rein over stampede of FOIA requests

By Dino Grandoni & Juliet Eilperin, Wash. Post, Dec. 15, 2017

The Trump administration’s top environmental policymakers are engaged in a new war with their adversaries — over how much information to release to the media and outside groups, who are often perceived as enemies, as part of a heavy stream of Freedom of Information Act (FOIA) requests.

The Environmental Protection Agency and Interior Department are at ground zero in this growing feud. At both departments and elsewhere in the administration, news outlets and nonprofit organizations have uncovered meeting schedules and travel manifests through FOIA requests that illustrate the ties top officials have forged with players in industries they are tasked with regulating. FOIA requests have also shed light on EPA Administrator Scott Pruitt and Interior Secretary Ryan Zinke’s taxpayer-funded travel habits.

Read more here.

FOIA News: Reduction of Utah's national parks draws FOIA suit

FOIA News (2015-2024)Allan BlutsteinComment

Enviro Group's FOIA Suit Wants Trump Admin's Monuments Docs

By Bryan Koenig, Law360, Dec. 14, 2017

The Conservation Lands Foundation Inc. expanded the fight over President Donald Trump's decision to shrink national monuments in Utah with a Freedom of Information Act lawsuit in D.C. federal court Wednesday, seeking documents to shed light on the move beyond the “sweeping generalizations” already made.

The nonprofit, already one of the legal challengers contesting Trump’s authority to slash huge tracts of land safeguarded by his predecessor, said that it’s received little to no response beyond initial messages acknowledging receipt of the Freedom of Information Act requests submitted over the summer to the U.S. Department of the Interior and other agencies.

Read more here (subscription required)

Copy of complaint here.

 

FOIA News: Suit seeks access to sexual assault records from Pentagon & DHS

FOIA News (2015-2024)Allan BlutsteinComment

Nonprofit group sues DOD over requests for sexual assault data

Dianna Cahn, Stars and Stripes, Dec. 13, 2017

Advocates for service members and veterans filed a lawsuit against the U.S. government Wednesday to release data that they say is critical to protecting people who serve from sexual assault and the retaliation that can follow when victims report the abuse.

Charging that the military is obfuscating and illegally denying its requests for information, the nonprofit Protect Our Defenders joined forces with the Connecticut Veterans Legal Center in asking a U.S. district judge to compel all four branches to release the data under the Freedom of Information Act, or FOIA, that is meant to ensure public information is accessible to anyone who asks for it.

Read more here.

 

 

FOIA News: DOJ withholds recommendation about Mueller ethics waiver

FOIA News (2015-2024)Allan BlutsteinComment

Justice Department won't disclose details on Mueller ethics waiver

By Josh Gerstein, Politico, Dec. 12, 2017

The Justice Department is refusing to reveal details of the process that led up to former FBI Director Robert Mueller being granted an ethics waiver to serve as special counsel investigating the Trump campaign's alleged collusion with Russia during the 2016 presidential election.

In response to a POLITICO Freedom of Information Act request, the agency released a one-sentence memo Friday confirming that Mueller was granted a conflict-of-interest waiver in order to assume the politically-sensitive post.

Read more here.

Court opinion issued Dec. 11, 2017

Court Opinions (2015-2024)Allan BlutsteinComment

Pub. Emps. for Envtl. Responsibility v. EPA (D.D.C.) -- finding that EPA properly relied on deliberative process privilege to withhold thirteen documents concerning toxic contamination at schools in Santa Monica Malibu Unified School District, but that agency failed to carry burden of proof with respect to six other documents withheld in full or in part pursuant to same privilege.   

Summaries of all opinions issued since April 2015 available here.

FOIA News: DHS Settles FOIA Suit Over Irish Olympic Coach

FOIA News (2015-2024)Kevin SchmidtComment

DHS Settles FOIA Suit Over Irish Olympic Coach

By Darcy Reddan, Law360 , Dec. 11, 2017

A California federal court on Monday approved a deal between the U.S. Department of Homeland Security and an investigative journalist suing under the Freedom of Information Act to obtain the details of what allowed a former Irish Olympic swim team coach accused of sexual assault to immigrate to the United States.

Journalist Irvin Muchnick's suit against the federal government was dismissed without prejudice after the two sides reached a settlement amid mediation at the Ninth Circuit. 

Read more here (subscription).

 

FOIA Focus: Darin Gibbons, Esq, Director of Investigations, Republican National Committee

FOIA Focus (2015-2021)Allan BlutsteinComment
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What are you main responsibilities at the RNC?

I mainly focus on researching and developing public records strategies for Democratic political targets who are potential candidates for president in 2020. Some of these folks are established national figures with solid research already done on them, but others are rising stars and haven’t gained much attention yet. In addition to building a profile of them through news sources, my main focus is digging into public records and court records.

I assume that the vast majority of your FOIA requests, if not all of them, target Democratic politicians.  What types of records are you trying to gather?

There are basic records that I will request for any target after doing some initial research. If they have had held public office or worked as an employee for state or federal government, I will try to request as much as I can of their personnel records, travel logs, gift logs, schedules, and office communications. Often times, this paired with research of news sources can start building a profile of their professional background and allow us to identify areas we may want to investigate further through additional records requests or field research.

What is the most unusual or frustrating response you have ever received to a FOIA request?

When I was at America Rising, we were working on a state governor’s race. The Democrat running was then the attorney general of the state and we were requesting documents from his office. We received a reply from his office that they had a few dozen pages of responsive documents. The election was only a few weeks away and his office, while cooperating, the office seemed to make a few additional steps to fulfill the request, so there was this back and forth that successfully delayed the process until after Election Day.  

What is the most personally satisfying result you have ever had from a FOIA request?

There was one race where a former state attorney general was running for governor. We got some of his expense logs through a records request and they had tried to redact a few things with a black marker. However, when they photocopied it, you could see right through the redactions and we were able to read some of the expenses from his hotel bill, like overpriced waters and alcohol.

If you could change one thing about the FOIA statute, what would it be and why

I think a lot of the exemptions are too broad, and this is often times even worse on the state level. If an agency doesn’t want to cooperate or make it more difficult for you to obtain what you are looking for, the exemptions make it really easy to do that.

If the government would give you unrestricted access to records on any one subject you requested, what would you ask for and why?

Aliens. I want to see all the documents on Area 51, Roswell, the moon landing and space programs and anything in the area of extraterrestrials.

Where were you born/grow up, and which hometown sports teams do you root for the most?

I was born in New York City, but moved to Massachusetts when I was young and grew up in town called Rockport, MA.  Obviously, I root for the five-time Super Bowl Champion New England Patriots, and other Boston teams, but I don’t follow as closely as football. I’ve also been adopting the Nationals as my National League team, but they’re pretty disappointing every year in the playoffs.

What was your first job ever?  What did you like or not like about it?

Ice cream scooper. Rockport was a small tourist town during the summer so there was a lot of ice cream shops. I worked at one called Sundae’s and I probably gave my friends more free ice cream than I was supposed to.

What was your first job in politics?  Did your candidate win?

The first political job that I got paid for was Charlie Baker for Massachusetts governor in 2010. He didn’t win that year, but ran again in 2014 and won. He’s a genuinely likable guy, and he’s currently the most popular governor in the country.

If you could meet any historical icon, of the past or present, who would it be and why?

Tom Brady.  People forget he was drafted 199th in the draft and completely overlooked. He didn’t come from a football pedigree like a Manning, and he really is the greatest underdog story. Now so many people loathe him outside of New England, but true fans of the sport recognize he is the greatest of all time.

What are your favorite three television shows of all time?

I’d have to say Breaking Bad [including Better Call Saul], Sopranos, and Modern Family (I can watch episodes of this any time, and it always seems to be on tv). 

What is your most memorable travel experience?

I’d probably have to say my birthright trip to Israel. Getting to see the country and travel with 40 other people was a real experience. From holy sites, to Yad Vashem, and Tel Aviv nightlife, it was a very rich trip.

FOIA News: EFF accepting nominations for worst FOIA responses

FOIA News (2015-2024)Allan BlutsteinComment

Nominations Now Open for The Foilies 2018

By Dave Maas, Elect. Frontier Found., Dec. 8. 2017

For the fourth year, EFF is naming and shaming government officials and agencies around the country who stand in the way of transparency. We honor these information gatekeepers with The Foilies, our tongue-in-cheek “awards” during Sunshine Week, which runs from March 11-17, 2018. Think of it like “The Golden Raspberries,” but with outrageous responses to public records requests instead of box-office blunders.

Read more here.  

FOIA News: FOIA request seeks to slay CFPB resistance

FOIA News (2015-2024)Allan BlutsteinComment

CFPB Employees Form Harry Potter Style Resistance To Trump

By Joe Simonson, Daily Caller, Dec. 6, 2017

Employees within the Consumer Financial Protection Bureau (CFPB) are using encrypted messaging apps to conspire various ways of resisting acting director Mick Mulvaney’s agenda, according to a Tuesday report.

The group calls itself “Dumbledore’s Army,” a reference to a fictional secret cabal of young wizards in the children’s fantasy series “Harry Potter,” The New York Times reported.

“An atmosphere of intense anxiety has taken hold,” employees said, according to TheNYT. “In some cases, conversations between staff that used to take place by phone or text now happen almost exclusively in person or through encrypted messaging apps.”

The Cause of Action Institute, a nonprofit devoted to “public advocacy and legal reform tools to ensure greater transparency in government, protect taxpayer interests and promote economic freedom,” has filed a Freedom of Information Act request for records related to information about the use of encrypted messaging apps by CFPB employees.

“CoA Institute’s FOIA seeks all records reflecting the number of CFPB devices on which encrypted messaging applications were installed, internal policy guidelines on the use of such apps, as well as the communications themselves and efforts by CFPB to recover and archive these messages,” the request reads. The FOIA also specifically requests all communications that contain the words “Dumbledore,” “Dumbledore’s Army,” “Snape,” “Voldemort,” and “He-who-shall-not-be-named,” among other records.