FOIA News: Discussion of Second Circuit's Exemption 7(E) decision

Knight First Amendment Institute v. United States Citizenship & Immigration Services: The Second Circuit Speaks

By Bernard Bell, Yale J. on Reg., Apr. 19, 2022

Recently, the Second Circuit issued a significant Freedom of Information Act (“FOIA”) decision construing the FOIA exemption covering law enforcement records that “would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law,” 5 U.S.C. §552(b)(7)(E).  The decision, Knight First Amendment Institute v. U.S. Citizenship & Immigration Services, 2022 WL 1020379 (2d Cir. April 6, 2022)(casetext version here),[1] involved documents redacted for “national security” related purposes, which may well have influenced the outcome.  This post will summarize the decision, and offers a brief commentary.

Read more here.

FOIA News: Podcast on FOIA at the VA

Listen: Modernizing the FOIA Process at Veterans Affairs

GOVCIO Media & Research, HealthCast, Apr. 19, 2022

As America's largest civilian agency, the Department of Veterans Affairs manages one of the country's most substantial Freedom of Information Act (FOIA) programs to provide federal documents to the public upon request. Hear from VA FOIA Director Michael Sarich on how the agency is using new capacities like process automation to expedite the FOIA process and release documents more quickly and efficiently.

Listen to interview here.

FOI News: Celebrity FOIA fight at FBI?

By Eugene Daniels, Politico Playbook, Apr. 19, 2022

WHO IS JANE DOE? — Josh Gerstein writes in: Rulings in Freedom of Information Act suits rarely capture much attention in Washington, but an intriguing decision released Monday allowing a woman to anonymously file such a case against the FBI is prompting curiosity about just who is the “JANE DOE” behind the suit.

The order from U.S. District Court Chief Judge BERYL HOWELL said the case stems from an FBI investigation into allegations that the plaintiff’s “then-husband … physically and verbally assaulted” her and their children while they were traveling on board a private plane “several years ago.”

The facts Howell outlined — including a statement from the FBI confirming an inquiry into the claims and another statement that the inquiry had been concluded without action — track closely with accusations Hollywood star ANGELINA JOLIE leveled at her then-husband BRAD PITT as she filed for divorce from him in 2016.

Read more here

Court opinions issued Apr. 13-14, 2022

Apr. 14, 2022

Vollmann v. DOJ (D.D.C.) -- finding that plaintiff was both eligible for and entitled to attorney’s fees regarding his pursuit of records concerning himself, but reducing amount of the award due to excessive time and excessive hourly rates charged.

Apr. 13, 2022

Buzzfeed Inc. v. DOJ (D.D.C.) -- determining that plaintiff was eligible for attorney’s fees because DOJ had been ordered to produce one email by a certain date, but that plaintiff was not entitled to fees because DOJ’s untimely response was reasonably excused by its backlog of prior FOIA requests and the breadth of plaintiff’s request.

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

FOIA News: Agency FOIA summit on May 12, 2022

UPCOMING FOIA SUMMIT FOR AGENCY FOIA PROFESSIONALS

DOJ/OIP, FOIA Post, Apr. 12, 2022

The Office of Information Policy (OIP) is pleased to announce an upcoming FOIA Summit for Agency FOIA Professionals, hosted jointly with the Department of Homeland Security Privacy Office.  The FOIA Summit is an opportunity for agency FOIA professionals to hear about how some of their colleagues are modifying their FOIA plans and process in light of COVID-19 and best practices for leveraging FOIA data to strengthen FOIA programs.  Participants will also have the opportunity to hear about recent Government Accountability Office FOIA reports and recommendations, and perspectives on FOIA litigation trends. 

The FOIA Summit will be held virtually on May 4, 2022 from 10AM – 4PM EDT.  This event is open to federal agency employees only.  Registration is required on Eventbrite.  All attendees must register by 11:59 PM EDT on Monday, May 2, 2022.  Registered users will receive access instructions.

FOIA News: Commerce won’t release Secretary’s calendars; watchdogs ask Senate to investigate

COMMERCE SECRETARY GINA RAIMONDO WON’T DISCLOSE WHETHER SHE MET WITH BIG TECH, WATCHDOGS SAY

A coalition called on the Judiciary Committee to investigate, as Democrats consider pivotal antitrust initiatives.

By Sara Sirota, The Intercept, Apr. 12, 2022

FOR MONTHS, Commerce Secretary Gina Raimondo has ignored calls to reveal whether she’s meeting with Big Tech representatives, while criticizing groundbreaking antitrust regulations in the European Union to rein in technology giants, according to a coalition of watchdogs. They’re calling on the Senate Judiciary Committee to investigate the Commerce Department’s refusal to respond to a Freedom of Information Act request, alleging its inaction stands “to further erode Americans’ trust in their elected officials.”

Secretary of Commerce Gina Raimondo’s adamant and ongoing refusal to release her calendar records, a simple and routine task expected of federal officeholders, is one recent example of conduct that warrants full attention from the Senate Judiciary Committee given your ongoing concern over FOIA practice and administration,” the coalition of 14 watchdogs, including Public Citizen and Revolving Door Project, said in a letter obtained by The Intercept.

Read more here.

Court opinion issued Apr. 11, 2022

Louise Trauma Ctr. v. DHS (D.D.C.) -- deciding that: (1) USCIS did not conduct adequates searches for guidance materials used for new asylum officers or concerning FOIA’s reasonable harm provision; (2) USCIS did not justify its reliance on Exemption 5’s deliberative process privilege, but other records were properly withheld under attorney work-product privilege; (3) USCIS properly withheld names of third party trainers under Exemption 6; and (4) except for one page, USCIS properly used Exemption 7(E) to withhold “sensitive techniques used by asylum officers to conduct interviews and consider applications.

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

Court opinion issued Apr. 8, 2022

Matthews v. EOUSA (5th Cir.) (unpublished) -- affirming district court’s decision that requester’s timeliness claims became moot once agencies responded to his requests.

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

FOIA News: Chief FOIA Officers Council Meeting

The Chief Freedom of Information Act Officers Council will meet virtually on Thursday, April 21, 2022, from 10AM to noon. See the following announcement in the Federal Register for further information.

Court opinions issued Apr. 6, 2022

Knight First Amendment Inst at Columbia Univ. v. USCIS (2nd Cir.) -- reversing district court’s decision in case related to vetting immigrants entering the country and ruling, in most relevant part, that: (1) Department of State properly withheld portions of its Foreign Affairs Manual pursuant to Exemption 7(E); and (2) USCIS properly withheld terrorism-related questions pursuant to Exemption 7(E), rejecting argument that law enforcement techniques or procedures must be “special or technical” to be protected; further finding that requester did not carry its burden to show that the questions at issue were ”publicly available.”

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