FOIA Advisor

Q&A: FOIA the judge?

Q&A (2015-2024)Allan BlutsteinComment

 

Q. I suspect that a state judge had private communications' with a group or its affiliates that was party to a major lawsuit.  Is the judge's private email or other correspondence subject to FOIA requests?

A.  In 2014, the South Carolina Attorney General issued a formal opinion addressing the applicability of South Carolina's Freedom of Information Act to the judiciary: 

Our Supreme Court has not yet addressed the question of whether the judiciary or a court is a "public body" for purposes of FOIA's applicability.  However, the court has stated that restrictions upon public access to judicial records "may be based on a statute or the court's inherent power to control its own records." Ex Parte Capital U-Drive It Inc. v. Beaver. 396 S.C. 1,10, 630 S.E. 2d 464, 469 (2006) (emphasis added).  Thus, based upon the foregoing authorities, our courts might well conclude that the records of the judicial branch are not subject to FOIA.

I am not aware of South Carolina court decisions concerning FOIA's applicability to private email accounts.  I can only suggest that you confer with a lawyer licensed in the state or, for the cost of a stamp, simply submit a FOIA request to the court and see what happens.  

FOIA News: Government Employees Using Encrypted Messaging Apps On Work Phones, Potentially Violating Federal Law

FOIA News (2015-2024)Kevin SchmidtComment

Government Employees Using Encrypted Messaging Apps On Work Phones, Potentially Violating Federal Law

By Joe Simonson, Daily Caller, Jan 9. 2018

Over a dozen Consumer Financial Protection Bureau employees have downloaded encrypted messaging applications on government-issued phones and are potentially violating federal law, according to documents obtained by the Cause of Action Institute and provided exclusively to the Daily Caller News Foundation.

This demonstrates a culture of secrecy within some segments of the agency’s staff under President Donald Trump.

The Cause of Action Institute (CoA), a nonprofit dedicated to government transparency, received the documents in response to a Freedom of Information Act (FOIA) request following a December New York Times article describing a cohort of agency employees who are conspiring to undermine acting director and Trump appointee Mick Mulvaney’s agenda. The individuals call themselves “Dumbledore’s Army,” named after a group of fictional wizards in the children’s series “Harry Potter.”

Read more here.

FOIA News: 10th Circuit Rules on Contractor-Held Records

FOIA News (2015-2024)Ryan MulveyComment

Contractor-Held Docs Not Covered by FOIA, 10th Circ. Rules

Daniel Wilson, Law360, Jan. 8, 2017

The U.S. Forest Service was not legally obligated under the Freedom of Information Act to cough up to an environmental group land swap agreement documents that were held by third-party contractors and never seen by the agency, the Tenth Circuit ruled Friday.

Although the disputed documents were created as part of contractual work for the Forest Service, they were neither created by nor used by the agency, and therefore were not “agency records” required to be provided to Rocky Mountain Wild Inc., a three-judge panel ruled [. . .]

Read more here (subscription required).

See copy of court opinion here.

Court opinions issued Jan. 4, 2018

Court Opinions (2015-2024)Allan BlutsteinComment

Gatore v. DHS (D.D.C.) -- ordering in camera review after finding that agency's supplemental declarations failed to sufficiently explain whether agency released all non-exempt segregable material from asylum assessments.

James Madison Project v. DOJ (D.D.C.) -- ruling that: (1) FBI properly relied on Exemption 7(A) in refusing to confirm or deny the existence of synopsis of Trump-Russia Dossier and related records; and (2) CIA, NSA, and Office of the Director of National Intelligence properly withheld synopsis pursuant to Exemptions 1 and 3, and properly refused to confirm or deny existence of remaining records pursuant to same exemptions.  Notably, the court rejected plaintiff's arguments that statements made by President Trump and former executive branch officials precluded summary judgment in government's favor.      

Summaries of all opinions issued since April 2015 available here.

 

FOIA News: FOIAs filed for DOJ's police reform records

FOIA News (2015-2024)Allan BlutsteinComment

Civil rights organizations ask for info on Justice Department’s police reform work

By Matt Zapotosky, Wash. Post,  Jan. 4, 2018 

A group of civil liberties organizations is asking the Justice Department to turn over documents on its efforts to expose and force changes at troubled police departments — efforts which have been significantly curtailed since Jeff Sessions took over as attorney general.

The NAACP Legal Defense and Educational Fund, Leadership Conference on Civil and Human Rights and the ACLU sent three Freedom of Information Act requests to the department Thursday — asking for documents on civil rights investigations and reform agreements with law enforcement agencies and all correspondence the department’s Community Oriented Policing Services office has had with those agencies and police unions.

Read more here.

FOIA News: MuckRock on FOIAing the Trump Administration

FOIA News (2015-2024)Ryan MulveyComment

FOIAing the Trump Administration: resources for your 2018 requests

Frank Matt, MuckRock, Jan. 3, 2018

In 2017, FOIA requests contributed valuable oversight to the Trump administration. If you’re wondering where to start this new year, imitating successful requests is an easy way to get the ball rolling. 2017 also yielded many repositories of calendars, travel records, ethics pledges, and other documents that you can mine for FOIA request ideas. For the first week of 2018, we rounded up resources that can springboard your efforts to FOIA the Trump administration.

This year, hold the Trump administration accountable by filing a records request of your own with the agency, following MuckRock’s “FOIA the Trump Administration” project, and joining our Slack channel to share ideas and get help with your requests. If you have a Trump administration related FOIA you would like us to highlight, share it over emailTwitter, or Facebook and we may include them in the next roundup.

Read more here.

FOIA News: CREW files FOIA lawsuit over FBI texts

FOIA News (2015-2024)Ryan MulveyComment

Watchdog sues DOJ over decision to show FBI texts to reporters

Morgan Chalfant, The Hill, Jan. 3, 2018

A government watchdog group is suing the Justice Department for documents related to its decision to show reporters private text messages between two FBI agents who were critical of President Trump.

Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit on Wednesday against the Justice Department for failing to respond to an expedited request for documents related to the “highly unusual, if not unprecedented” decision to host reporters at its offices to view the text messages.

Read more here.