FOIA News: Nat’l Archives observes Sunshine Week

National Archives Celebrates Open Government During Sunshine Week

By Kerri Lawrence, Nat’l Archives News, Mar. 12, 2019

The National Archives and Records Administration kicked off its Sunshine Week celebration on March 11, 2019, with an afternoon of speakers and panel discussions focusing on the role of open government and electronic recordkeeping—past, present, and future. The events, sponsored by the Office of Government Information Services (OGIS), were held at the McGowan Theater in the National Archives Museum in Washington, DC.  

Read more here.

FOIA News: DOJ predicts record-breaking number of requests for FY 2018

FOIA request volume in FY 18 ‘well on-pace’ to break new records

By Jory Heckman, Fed. News Network Mar. 12, 2019

The Justice Department’s Office of Information Policy believes fiscal 2018 will mark yet another record year for the volume of new Freedom of Information Act requests filed by the public.

Justice OIP Director Melanie Ann Pustay, speaking Monday at an agency kick-off event for Sunshine Week, said the volume of requests from fiscal 2018 was “well on-pace” to exceed the previous year.

“We predict now that we will have, yet again, record high numbers of requests received and processed across the government,” Pustay said.

Read more here.

Court opinions issued Mar. 11, 2019

Judicial Watch v. DOJ (D.D.C.) -- concluding that FBI failed to conduct adequate search for records concerning Peter Strzok’s assignment to and from Special Counsel Mueller’s investigation, noting that FBI neglected to use reasonable search terms or to search records of senior staff.

Buzzfeed v. DOJ (S.D.N.Y.) -- ruling that Exemptions 6 and 7(C) did not protect identities of U.S. Attorney and Supervisory AUSA who openly engaged in improper relationship that impacted operations of entire office, but did protect identity of third party connected with separate, unsubstantiated allegation of U.S. Attorney’s misconduct.

Summaries of all published opinions issued since April 2015 are available here.

FOIA News: EPA, Interior, and DOJ to testify on FOIA

Democrats to grill Interior, EPA over FOIA

By Kevin Bogardus, E&E News, Mar. 11, 2019

The Trump administration this week will face its first grilling in the Democratic-controlled House on its handling of the nation's premier public records law.

Read more here (accessible with free trial subscription).

FOIA News: Remarks of Principal Deputy Associate AG at Sunshine Week Event

Principal Deputy Associate Attorney General Jesse Panuccio Delivers Remarks at the Sunshine Week Kick-Off Event

FOIA Post, Mar. 11, 2019

Thank you, Melanie, for that introduction and, as always, for your exemplary leadership on government transparency.  I have now had the pleasure of working with you for more than two years on these issues, and I think this is the third Sunshine Week we have kicked off together.  Thank you for your tireless and excellent work as a government leader on Freedom of Information Act policy and administration.  The American people are fortunate to have you in their service.

The same holds true for the many professionals here today who have devoted their careers to government transparency.  Welcome, all, to the Department of Justice.  We are so pleased you could join us for the kick-off of this year’s Sunshine Week.  This week is an opportunity for us to recognize the importance of transparency in government and the many contributions of civil servants dedicated to that goal.

Read more here.

FOIA News: Exemption 4 FOIA trial looming on defense subcontracts

Pentagon Loses Secrecy Bid

Federal Court Rejects Government Bid to Toss Suit, Sets Rare Trial in Freedom of Information Act Case

Business Wire, Mar. 11, 2019

On Friday, March 8, a federal judge rejected a bid by the Pentagon to squelch a lawsuit brought by the American Small Business League (“ASBL”) seeking to shed light on whether big defense contractors are giving a fair share of billions of dollars to small businesses.

The decision by U.S. District Court Judge William Alsup in San Francisco paves the way for a rare trial in a Freedom of Information Act (FOIA) case. The ruling came just before the start of National Sunshine Week, March 10, which raises public awareness on Freedom of Information cases and the importance of holding public officials and government agencies accountable.

Read more here.

Copy of decision here.

FOIA News: The worst agency FOIA responses of 2018, per EFF

The Electronic Frontier Foundation has released its annual list of awards, called “The Foilies,” to the federal, state, and local agencies that issued the worst responses to public records requests in 2018. See the list of seventeen awards here.

FOIA News: ICYMI, OGIS releases 2018 annual report

On Friday, March 8, 2019, the Office of Government Information Services issued its annual report for fiscal year 2018. Of note, OGIS handled a total of 4,681 requests for assistance from FOIA requesters and agencies.

Court opinions issued Mar. 8, 2019

Am. Small Bus. League v. DOD (N.D. Cal., 2019) -- ruling that: (1) DOD performed reasonable search for contracting records and communications between government and contractor in earlier FOIA litigation; (2) agency improperly relied on Exemption 3 (Procurement Integrity Act ) to withhold subcontracting performance and compliance records relating to contracts that were already awarded; (3) neither party established absence of material facts regarding applicability of Exemption 4 to subcontracting plans; (4) DOD release all communications that were not legitimately made pursuant to a joint defense agreement (unless protected by another FOIA exemption); and (5) agency properly withheld third-party information pursuant to Exemption 6, to which plaintiff did not object.

Niro v. IRS (D. Mass.) -- determining that agency performed adequate search for audit records concerning plaintiff’s tax returns and that it properly withheld records pursuant to Exemptions 3, 7(C), and 7(E).

Summaries of all published opinions issued since April 2015 are available here.

FOIA News: Sunshine Week is upon us

Sunshine Week Puts Spotlight on Accessing Government Information

Sunday marks the start of Sunshine Week, an effort to highlight the role of freedom of information at all levels of the U.S. government.

The week brings together a range of groups including media outlets, government officials, nonprofit organizations, schools, and libraries in an effort to promote and explain the importance of open government and how individuals and groups can access government data.

Kevin Goldberg, the legal counsel for the American Society of News Editors — the group that organizes Sunshine Week along with Reporters Committee for Freedom of the Press — told VOA that one of the main goals for the week is to educate people on what it means to have an open government and why that is important.

Read more here.