FOIA News: PBGC to revise FOIA regs

On October 13, 2020, the Pension Benefit Guaranty Corporation issued a proposed rule that would amend the agency’s FOIA regulations. Comments will be accepted through December 14, ,2020.

FOIA News: ICYMI, DOJ updates two sections of FOIA Guide

The Department of Justice’s Office of Information Policy recently updated two section of its Guide to the Freedom of Information Act: Exemption 2, which was updated on September 29, 2020; and Fees and Fee Waivers, which was updated on September 16, 2020.

FOIA News: DOJ tells court that Trump tweet was not a declassification order

DOJ: Trump's 'total declassification' of Russiagate docs has no effect

DOJ attorneys told a judge that the White House Counsel's Office effectively told DOJ to disregard Trump's tweets on the matter.

By Kyle Cheney, Politico, Oct. 13, 2020

What happened: When Donald Trump tweeted last week that he authorized the "total declassification of any & all documents" related to the long-running Russia investigation and Hillary Clinton's emails — "No redactions!" he tweeted — he really didn't mean it, the Justice Department argued in court Tuesday.

DOJ attorneys told a judge that the White House Counsel's Office effectively told DOJ to disregard Trump's tweets on the matter. They weren't accompanied by an actual declassification order, and DOJ will proceed as though the tweets hadn't occurred, continuing to redact and release documents at its discretion.

Read more here.

Court opinions issued Oct. 9, 2020

Freedom of Press Found. v. DOJ (S.D.N.Y.) -- finding that: (1) FBI performed adequate search for records relating to surveillance of news media and that it properly withheld records pursuant to Exemptions 1, 3, and 7(E); and (2) DOJ’s Criminal Division improperly relied on Exemption 5’s deliberative process privilege to withhold training slide and official instruction form.

Long v. ICE (N.D.N.Y.) -- ruling that ICE failed to establish that it performed adequate search for certain records pertaining to agency’s use of detainers and notices of release, and that it failed to establish that search for requested information would require creating new records or would be unduly burdensome.

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

Court opinion issued Oct. 8, 2020

Shapiro v. DOJ (D.D.C.) -- denying plaintiff’s request to reconsider court’s July 2, 2020 opinion, noting that plaintiff failed to identify a legal basis for its motion and concluding that none existed.

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

FOIA News: Trump tweet may lead to more Mueller Report disclosures

Judge orders DOJ to say whether Trump declassification tweets mean full Mueller report should be disclosed

By Jerry Dunleavy, Wash. Exam’r, Oct. 9, 2020

The federal judge handling a Freedom of Information Act lawsuit seeking access to an unredacted version of former special counsel Robert Mueller’s report ordered the Justice Department to speak with the White House about whether President Trump’s recent tweets about Russia-related declassifications mean the 448-page report should be released in full.

Read more here.

FOIA News: OIP is hiring FOIA attorneys

The Department of Justice’s Office of Information Policy (OIP) is looking to hire “multiple FOIA Attorneys to work on OIP’s Administrative Appeals Staff,” according to a vacancy announcement issued on October 8, 2020. The application deadline is October 29, 2020.

Court opinion issued Oct. 7, 2020

Pichardo-Martinez v. USMS (D.D.C.) -- finding that agency performed adequate search for records pertaining to plaintiff’s detainment and medical treatment and that it properly withheld records pursuant to Exemption 7(C) and 7(E).

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

Court opinions issued Oct. 6, 2020

Seife v. FDA (S.D.N.Y) -- concluding that FDA properly relied on Exemption 4 to withhold records pertaining to its accelerated approval of a muscular dystrophy drug; noting that statute’s foreseeable harm provision applied to Exemption 4 and was met in this case.

Yanofsky v. U.S. Dep't of Commerce (D.D.C.) -- deciding that agency did not sufficiently establish that it either provided plaintiff with requested data files or that it did not maintain those files.

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

FOIA News: OIP announces agency reporting deadlines

ANNOUNCING UPCOMING FOIA REPORTING DEADLINES

DOJ/OIP, FOIA Post, Oct. 7, 2020

October marks the end of Fiscal Year 2020 and the beginning of the FOIA reporting season.  Today, the Office for Information Policy (OIP) is announcing the deadlines for the submission of agencies' Fiscal Year 2020 Annual FOIA Reports, Fiscal Year 2021 Quarterly FOIA Reports, and 2021 Chief FOIA Officer Reports, along with updated resources. 

These three reports serve a vital role in illustrating the steps taken and the progress made by agencies in administering the FOIA, and provide valuable information about how agencies promote efficiency, make more information available proactively, and use technology to improve FOIA administration.

Read more here.