FOIA Advisor

FOIA News: DOJ granted delay on Mueller Report

FOIA News (2015-2024)Allan BlutsteinComment

Judge Orders DOJ to Explain Its Secret Portions of the Mueller Report by Next Week

By Aaron Keller, Law & Crime, July 13, 3020

A federal judge on Monday granted a Justice Department request to delay providing detailed answers to questions about former Special Counsel Robert Mueller’s full, unredacted Russia report.

The judge, Reggie B. Walton, previously read the entire Mueller report and ordered the DOJ to answer a spreadsheet full of questions about the report’s publicly hidden contents. Responses are now due next Tuesday, July 21, one week after the previous deadline.

Read more here.

FOIA News: More federal FOIA jobs

FOIA News (2015-2024)Allan BlutsteinComment

Court opinions issued July 9, 2020

Court Opinions (2015-2024)Allan BlutsteinComment

Hohner v. DOJ (9th Cir.) (unpublished) -- affirming district court’s decision that Immigration & Customs Enforcement properly withheld records that were subject to a 1998 sealing order issued by federal court.that later clarified that sealing order was intended to prohibit disclosure.

The New York Times v. CIA (2nd Cir.) -- affirming district court’s decision that that CIA properly relied on Exemptions 1 and 3 in refusing to confirm or deny existence of records of covert program of arming and training rebel forces in Syria, and that statements by President Trump and a U.S. Special Operations Commander did not undermine agency’s Glomar response.

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

FOIA News: NYT loses suit for CIA records re: Syrian rebels

FOIA News (2015-2024)Allan BlutsteinComment

CIA Beats New York Times’ FOIA Bid Over Syrian Rebel Program

  • Majority says ‘lingering doubts’ remain about program’s existence

  • Dissent says Trump tweet acknowledged payments to Syrian rebels

Bloomberg Law, July 9, 2020

The Central Intelligence Agency won’t have to tell the New York Times whether it has documents related to a covert program of arming and training rebel forces in Syria, after the Second Circuit found the agency didn’t waive its right to claim a FOIA exemption.

Public statements about the program by President Donald Trump and a military commander didn’t strip the CIA of the claimed exemption because the statements didn’t officially acknowledge or declassify the existence of such a program, the U.S. Court of Appeals for the Second Circuit said Thursday.

Read more here (accessible with subscription).

Court opinions issued July 7, 2020

Court Opinions (2015-2024)Allan BlutsteinComment

Buffalo Field Campaign v. U.S Dep’t of the Interior (D. Mont.) -- concluding that National Park Service improperly relied on Exemption 5’s deliberative process privilege to redact records pertaining to bison population in Yellowstone Park, except with respect to one draft document that met foreseeable harm requirement.

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

Court opinions issued July 6, 2020

Court Opinions (2015-2024)Allan BlutsteinComment

Snarr v. BOP (D.D.C.) -- ruling that: (1) plaintiff, a death row inmate, did not have standing to bring lawsuit for third party records because his legal defense team submitted the requests and failed to identify their client in the request or in any other correspondence with the agency; (2) plaintiff could not amend his complaint to substitute a new party in order to create jurisdiction.

Am. Immigration Council v. DHS (D.D.C.) -- explaining four factors that led court to grant plaintiff’s request for preliminary injunctive release, resulting in timetable for government to process records pertaining to its response to COVID-19 pandemic.

Malone v. U.S. Dep’t of the Treasury (W.D. Ky.) -- dismissing plaintiff’s claims against the IRS because he failed to administratively appeal from any of 15 requests he submitted to IRS.

Ctr. for Investigative Reporting v. DOL (N.D. Cal.) -- concluding that Occupational Safety and Health Administration improperly relied on Exemption 4 to withhold illness and injury data about Amazon, noting that the company actually and customarily treated information as non-confidential and that government did not assure confidentiality at time information was submitted.

Am. Civil Liberties Union of Me. Found v. DHS (D. Me.) -- concluding that U.S. Customs and Border Protection properly invoked Exemption 7(E) to redact most—but not all—records regarding the location, method of operation, and purpose of immigration checkpoints. 

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