FOIA Advisor

FOIA News: OIP Director's opening statement to House Committee

FOIA News (2015-2023)Allan BlutsteinComment

FOIA Post, Mar. 13, 2019

Statement of Office of Information Policy Director Melanie Ann Pustay Before the U.S. House of Representatives Committee on Oversight and Reform

Good morning, Chairman Cummings, Ranking Member Jordan, and Members of the Committee. I am pleased to be here today to discuss the Freedom of Information Act (FOIA) and the Department of Justice’s ongoing efforts to encourage agency compliance with the statute. My office, the Office of Information Policy (OIP), has undertaken a range of initiatives designed to assist agencies in improving their FOIA administration and today I am pleased to highlight some of those efforts.

Read more here.

FOIA News: National Security Archive Op-Ed in the Washington Post

FOIA News (2015-2023)Kevin SchmidtComment

How to ensure we have a more open, accountable government

By Nate Jones, Washington Post, March 13, 2019

This week is Sunshine Week, an annual celebration of the right of historians, journalists and all Americans to have access government information.

Perhaps the most important tool enabling Americans to ensure that their government is open and, therefore, accountable, is the Freedom of Information Act, a 52-year-old law that requires the federal government to release nonexempt information when it is requested. Even our most secret agency, the CIA, has provided online access to 13 million pages of historical records thanks to FOIA. Such documents are powerful and illuminating. For example, recent requests have revealed that the Interior Department awarded nearly 1,700 offshore drilling safety exemptions, gutting Obama administration safety rules put in place after the 2010 BP Deepwater Horizon ecological disaster. Others have proved that President Trump lied about the size of his inauguration crowd.

But despite FOIA’s power and importance, the administration of the law is deeply flawed. The government’s oldest pending FOIA request has been languishing for almost 25 years, and there are 111,334 FOIA requests waiting — a mountainous backlog. At many agencies, despite the law’s requirement for a response within 20 business days, FOIA requests are rarely processed within a year. Once processed, many requests are often unusable because of gratuitous redaction by agency censors.

Read more here.

FOIA News: Nat’l Archives observes Sunshine Week

FOIA News (2015-2023)Allan BlutsteinComment

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 News (2015-2023)Allan BlutsteinComment

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

Court Opinions (2015-2023)Allan BlutsteinComment

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: Remarks of Principal Deputy Associate AG at Sunshine Week Event

FOIA News (2015-2023)Allan BlutsteinComment

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

FOIA News (2015-2023)Allan BlutsteinComment

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.