FOIA News: California Attorney General sues DOJ for grant records

California Sues for Records on Sanctuary State Funding Cuts

By Nicholas Iovino, Courthouse News Service, Feb. 7, 2018

The state of California on Wednesday slapped the U.S. Justice Department with a federal lawsuit, seeking to pry loose records on its decision to cut grants to cities and states that refuse to help enforce federal immigration laws.

The state filed a Freedom of Information Act request on Sept. 8, seeking all records related to new eligibility requirements for the $385 million Edward Byrne Memorial Justice Assistance Grant program.

The grant provides federal funds for criminal justice to state, local and tribal jurisdictions.

Read more here.

Court opinion issued Feb. 6, 2018

Hill v. Exec. Office for the U.S. Attorneys (W.D. Va.) -- finding that: (1) agency performed reasonable search notwithstanding failure to locate files that it possessed prior to plaintiff's request; (2) plaintiff's Constitutional rights as criminal defendant did not apply to FOIA case.

Summaries of all opinions issued since April 2015 available here. 

FOIA News: DOJ-OIP seeks compliance staff attorney

The Department of Justice's Office of Information Policy, the government's lead FOIA office, issued a job announcement yesterday for an "experienced attorney" to join its compliance staff.  Consistent with OIP's longstanding practice, the maximum starting salary is grade 12, step 5, which is intended to discourage applications from senior attorneys.  The application deadline is February 28, 2018. 

Court opinions issued Feb. 5, 2018

Mount v. Nielsen (D.D.C.) -- holding that DHS Office of Inspector General properly refused to confirm or deny, pursuant to Exemption 7(C), existence of records concerning allegation that Supervisory Special Agent "lost his official credentials to a prostitute and the credentials had to be retrieved by local police."

Judicial Watch v. DOJ (D.D.C.) -- ruling that FBI properly refused to confirm or deny, pursuant to Exemptions 1, 3, and 6, existence of records pertaining to "Trump Dossier" and that President's tweet did not constitute public acknowledgment of existence of requested records.

Evans v. BOP (D.D.C.) -- finding that: (1) Federal Bureau of Prisons properly relied on Exemptions 7(C) and 7(E) to withhold video of prison altercation involving plaintiff, and (2) agency was not required to answer plaintiff's questions concerning screwdriver that might have been used in altercation.

N.Y. Times v. U.S. Secret Serv. (S.D.N.Y.) -- concluding that: (1) agency properly relied on Exemptions 7(E) and 7(F) to withhold certain records regarding air transportation costs during 2016 presidential campaign; (2) plaintiff was not entitled to attorney's fees  or other litigation costs because it failed to obtain any judicial relief. 

Summaries of all opinions issued since April 2015 available here.

FOIA News: Commerce Department publishes proposed changes to FOIA regs

The Department of Commerce published a notice of proposed rulemaking concerning revisions to the agency's FOIA and Privacy Act regulations in today's issue of the Federal Register.  The agency aims, among other things, "to clarify, update and streamline the language of several procedural provisions" and "to incorporate certain changes brought about by . . . the FOIA Improvement Act of 2016" and recent "developments in the case law."  Public comments will be accepted until March 8, 2018.

FOIA News: DOD finalizes new FOIA regulations

The Department of Defense published a final rule to implement new FOIA regulations in today's issue of the Federal Register.  The agency's most recent interim rule was published on January 5, 2017.  Two commenters praised the changes, which aimed to update the agency's regulations in light of the OPEN Government Act of 2007 and the FOIA Improvement Act of 2016.  The revised regulations are effective March 8, 2018.

Court opinion issued Feb. 2, 2018

Cable News Network, Inc. v. FBI (D.D.C.) -- deciding after in camera review that FBI properly relied on Exemption 7(A) to withhold memoranda written by James Comey concerning multiple conversations with President Trump.

Summaries of all opinions issued since April 2015 available here.

Court opinions issued Feb. 1, 2018

Am. Civil Liberties Union of N. Cal. v. FBI (9th Cir.) -- vacating district court's decision and holding that "when a FOIA request seeks guidelines and other generalized documents compiled by a law enforcement agency not related to a particular investigation, the government need not link the document to the enforcement of a particular statute in order to claim the protection of Exemption 7. Rather, the agency need only establish a rational nexus between the withheld document and its authorized law enforcement activities."

Jaber v. DOD (D.D.C.) -- ruling that: (1) multiple agencies properly refused to confirm or deny -- pursuant to Exemption 1 and Exemption 3 -- existence of records "that would tend to confirm in one way or another" role of government in drone strike in Yemen in 2012, and (2) agencies performed adequate searches for other requested records related to drone strike.   

Grynberg v. DOJ (S.D.N.Y.) -- concluding that DOJ properly withheld certain records pertaining to prosecution of James Giffen pursuant to Exemption 3 in conjunction with Rule 6(e) of Federal Rule of Civil Procedure and mutual assistance agreement with Switzerland.

Shapiro v. DOJ (D.D.C.) -- determining that FBI performed adequate search for records concerning "Operation Mosaic," and that it properly withheld records pursuant to Exemptions 5, 6, and 7(C).

Summaries of all opinions issued since April 2015 available here.

FOIA News: Details on DOJ's Kickoff of Sunshine Week

Join Us for DOJ's Annual Kickoff of Sunshine Week

Dep't of Justice, Office of Info. Pol'y Blog, Feb. 1, 2018

Monday, March 12th is the first day of Sunshine Week 2018 and the Department of Justice invites agency personnel and members of the public to join us as we kickoff this important week with our annual Sunshine Week FOIA awards presentation and a Best Practices Workshop.

Read more here.

FOIA News: Comey memos to remain secret

Comey memos will remain secret for now, judge rules

Brent D. Griffiths, Politico, Feb. 3, 2018

A federal judge has rejected requests from news organizations to release memos of former FBI Director James Comey's conversations with President Donald Trump, adding that publicizing the documents could harm special counsel Robert Mueller's probe.

U.S. District Judge James Boasberg on Friday sided with the Department of Justice after multiple news organizations, including CNN and USA Today, sued for the public release of Comey's memos after their Freedom of Information Act requests were denied.

Read more here.