Court opinion issued Sept. 30, 2020

Elec. Privacy Info. Ctr. v. DOJ (D.D.C.) — after reviewing Mueller Report in camera and holding ex parte hearing with DOJ, ruling that: (1) DOJ properly withheld grand jury information and intelligence sources and methods pursuant to Exemption 3 in conjunction with Federal Rule of Criminal Procedure 6(e) and the National Security Act of 1947, respectively; (2) DOJ properly withheld FBI file names and serial numbers pursuant to Exemption 7(A), identifying information about third parties pursuant to Exemption 7(C), and FBI investigative techniques and procedures pursuant to Exemption 7(E); and (3) DOJ improperly withheld records pursuant to Exemption 5’s deliberative process privilege, because disputed information was not predecisional.

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

FOIA News: OGIS examines performance measures for non-FOIA professionals

The Office of Government Information Services has issued an assessment of FOIA performance measures for non-FOIA professionals. The assessment was undertaken in response to a recommendation from the 2016-2018 term of the FOIA Advisory Committee.

FOIA News: DOJ must release more Mueller report info, court rules

Judge orders DOJ to publish info redacted as privileged from Mueller report

By Harper Neidig, The Hill, Sept. 30, 2020

A federal judge on Wednesday ordered the Department of Justice (DOJ) to publish information redacted from the Mueller report that had been designated as privileged.

District Judge Reggie Walton said the Trump administration had failed to justify certain redactions from the report on the special counsel's investigation into Russian interference in the 2016 election.

The specific redactions he took issue with cover the decisionmaking process within former special counsel Robert Mueller's team over whether to charge certain people with crimes during the probe.

Read more here.

Court opinions issued Sept. 29, 2020

Nat’l Immigration Proj. of the Nat’l Lawyers Guild v. ICE (D.D.C.) -- finding that ICE properly redacted draft version of investigations handbook pursuant Exemption 5’s deliberative process privilege, noting that agency met foreseeable harm standard under D.C. Circuit’s recent ruling in Machado Amadis v. U.S. Dep’t of State.

Judicial Watch v. DOJ (D.D.C.) -- concluding that FBI’s initial declarations failed to adequately explain how disclosure of draft talking points related to investigation of Hillary Clinton would harm interests protected by the deliberative process privilege.

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

FOIA News: FCC withdraws 2nd Circuit appeal about net neutrality commentators

FCC Drops Appeal, Will Provide Data About Net Neutrality Commenters To New York Times

By Wendy Davis, Media Post, Sept. 29, 2020 

The Federal Communications Commission has withdrawn its appeal of an order requiring it to provide The New York Times with metadata about web users who who submitted comments to the agency during its 2017 net neutrality proceeding, which resulted in a rollback of the Obama-era rules.

The move brings an end to a lawsuit brought by the New York Times in 2018, when the newspaper sued the FCC for more information about users who weighed in on the proposed revocation of the agency's prior net neutrality rules. Those rules prohibited broadband providers from blocking or throttling traffic and from charging higher fees for fast-lane service.

Read more here.

FOIA News: Chief FOIA Officers Council's meeting on Oct. 14, 2020

The Chief Freedom of Information Act Officers Council will hold its annual meeting virtually on October 14, 2020, according to a notice issued in the Federal Register by the National Archives and Records Administration and the Department of Justice. The meeting is open to the public.

Court opinion issued Sept. 25, 2020

Catholic Legal Immigration Network v. USCIS (D.Md.) -- determining that government properly relied on Exemptions 5 and 7(E) to withhold records pertaining to adjudication of “Special Immigrant Juvenile Status” classification, with exception of a subset of documents withheld under the deliberative process privilege.  

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

Court opinion issued Sept. 24, 2020

Kowal v. DOJ (D.D.C.) -- deciding that: (1) Bureau of Alcohol, Tobacco, Firearms and Explosives conducted reasonable search for records concerning plaintiff’s death-row client and properly withheld third-party records pursuant to Exemption7(C); and (2) FBI also performed adequate search, but its Vaughn Index did not provide court with sufficient information to evaluate agency’s withholdings.

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

FOIA News: DOJ issues summary and assessment of Chief FOIA Officer reports

SUMMARY AND ASSESSMENT OF AGENCY 2020 CFO REPORTS ISSUED

DOJ/OIP, FOIA Post, Sept. 24, 2020

Today the Office of Information Policy (OIP) is pleased to release its summary and assessment of agencies’ 2020 Chief FOIA Officer (CFO) Reports.  As in prior years, OIP’s summary and assessment focuses on steps agencies have taken to improve FOIA administration in five key areas addressed in the Department's FOIA Guidelines:

• Applying a Presumption of Openness,

• Ensuring Agencies Have Effective Systems for Responding to Requests,

• Increasing Proactive Disclosures,

• Greater Utilization of Technology in FOIA Administration, and

• Improving Timeliness and Reducing Backlogs.

This past March marked the eleventh year that agency CFOs submitted these reports to the Department of Justice.

Read more here.

FOIA News: DOJ issues guidelines for 2021 FOIA reports

NEW GUIDELINES ISSUED FOR 2021 AGENCY CHIEF FOIA OFFICER REPORTS

DOJ/OIP, FOIA Post, Sept. 24, 2020

Today the Office for Information Policy issued guidelines for the timing and content of agency 2021 Chief FOIA Officer Reports.  The FOIA requires agency Chief FOIA Officers to report to the Attorney General on their performance in implementing the law.  Accordingly, since 2009, the Department of Justice has directed agency Chief FOIA Officers to “review all aspects of their agencies’ FOIA administration” and to report annually to the Department of Justice on the efforts undertaken “to improve FOIA operations and facilitate information disclosure at their agencies.” 

Read more here.