NBC 7 San Diego v. DHS (D.D.C.) -- concluding that DHS and two components failed to provide sufficient explanations as to why they deemed requested records concerning a secret tracking database to be non-responsive, noting that agencies improperly considered “context” of requests instead of identified search terms.
Summaries of all published opinions issued since April 2015 are available here.
It’s time once again: Share your transparency horror story with a nomination to The Foilies 2023
The Electronic Frontier Foundation and MuckRock partner once again to highlight what not to do when you work for the public
By Derek Kravitz, MuckRock, Dec. 19, 2022
We are now accepting submissions for The Foilies 2023, the annual project to give tongue-in-cheek awards to the officials and institutions that behave badly (or ridiculously) when served with a request for public records.
Compiled by the Electronic Frontier Foundation and MuckRock, The Foilies run as a cover feature in alternative newsweeklies across the United State, during Sunshine Week (March 12-18, 2023), through a partnership with the Association of Alternative Newsmedia.
Read more here.
Platsky v. FBI (2nd Cir.) (summary order) -- affirming district court’s ruling that FBI properly relied on Exemption 7(E) in refusing to confirm or deny records indicating whether plaintiff appeared on watchlist.
Naumes v. Dep’t of the Army (D.D.C.) -- on renewed summary judgment, ruling that Army properly withheld three sets of survey questions pursuant to Exemption 4 because questions were designed and voluntarily submitted by private scientist who held copyright.
Nat’l Pub. Radio v. U.S. Cent. Command (S.D. Cal.) -- determining that agency performed reasonable search for records concerning the First Battle of Fallujah on April 12, 2004, and denying plaintiff’s request for declaratory judgment regarding government’s untimely response.
Summaries of all published opinions issued since April 2015 are available here.
Dec. 15, 2022
Proj. on Gov’t Oversight v. U.S. Dep’t of the Treasury (D.D.C.) -- finding that Treasury performed reasonable search for certain emails of seven senior officials, rejecting plaintiff’s argument that Treasury was required to prove that employees followed policy of forwarding work-related emails on their personal accounts to their official Treasury accounts.
Summaries of all published opinions issued since April 2015 are available here.
The overdue FOIA requests of the Departments of Homeland Security, Justice, and Defense—the three most popular agencies for FOIA requesters—all increased in fiscal year 2022, according to quarterly data reported by DOJ’s website FOIA.gov.
The Department of Homeland Security, which in FY 2021 received the most FOIA requests governmentwide (442,650 requests, or 53 percent), saw its backlog climb from 25,102 in FY 2021 to 60,688 in FY 2022—a 141 percent increase. DHS received 471,513 requests in FY 2022, the greatest number of requests DHS has ever received and a 6.5 percent increase from FY 2021. The Department processed 530,180 requests in FY 2022, the largest number of requests it has ever processed and a 13.4 percent increase from FY 2021.
The Department of Justice, which in FY 2021 received the second most FOIA requests governmentwide (97,490 requests or 12 percent), allowed its backlog to rise from 49,959 in FY 2021 to 63,728 requests in FY 2022—a 27.5 percent increase. DOJ received 93,407 requests in FY 2022, while it processed 84,099 requests—an 11.4 percent increase from FY 2021.
The backlog of the Department of Defense, which in FY 2021 received the third most FOIA requests governmentwide (52,805 or 6 percent), rose from 17,597 in FY 2021 to 18,708 in FY 2022—a 6.3 percent increase. DOD received 57,237 requests in FY 2022, an 8.4 percent increase from FY 2021; it processed 54,560 requests in FY 2022 versus 50,703 requests in FY 2022.
Federal Agencies Keep Rejecting FOIA Requests for Their Procedures for Handling FOIA Requests
By Beryl Lipton, Elec. Frontier Found., Dec. 16, 2022
The majority of federal agencies — including law enforcement agencies like Customs and Border Protection — are refusing to release some of the most basic guidance materials used by their Freedom of Information Act (FOIA) offices: procedures for how they do their jobs.
Government Attic, a website that regularly files FOIA requests and posts the provided records, estimates that at least 60 percent of federal agencies, when faced with filling requests for FOIA standard operating procedures (SOP), claimed that the documents are in draft form and exempt from disclosure or that they don’t have any such records at all.
Read more here.
Frost v. DOJ (9th Cir.) (unpublished) -- affirming district court’s decision, noting that appellant failed to raise genuine dispute about the adequacy of government’s search for records and that court would not consider issues raised for first time on appeal.
Wine v. Dep’t of the Interior (D.D.C.) -- denying plaintiff’s motion to amend court’s judgment that plaintiff failed to appeal from agency’s partial denial of his request for records concerning himself.
Young v. DOJ (D.D.C.) -- ruling that FBI performed reasonable search for informant records pertaining to plaintiffs criminal prosecution and that it properly withheld records pursuant to Exemption 7(D).
Summaries of all published opinions issued since April 2015 are available here.
The National Archives wants to release hundreds of pages of emails about Hunter Biden and Burisma — and the White House won't say whether it will let it happen.
By Mattathias Schwartz, Business Insider, Dec. 14, 2022
The emails are from 2014, when President Joe Biden served as vice president under former President Barack Obama.
The White House now has 60 days to decide whether to stop the release of the emails by invoking executive privilege.
The National Archives and Records Administration (NARA) is quietly preparing to release hundreds of pages of internal Obama White House records that could contain information about Hunter Biden's relationship with Ukrainian energy company Burisma, Insider has learned — and the Biden Administration, which could put a stop to it by invoking executive privilege, is refusing to say whether it will allow the release to go forward.
Read more here.
Update: OFCCP Plans to Disclose EEO-1 Data for Non-Objecting Contractors Starting January 2023
By Abby Warren, Nat’l Law Rev., Dec. 13, 2022
As an update to our October 12, 2022 post regarding the deadline for federal contractors and first-tier subcontractors to object to disclosure of their Type 2 Consolidated EEO-1 reports from 2016 to 2020, the Office of Federal Contract Compliance Programs (OFCCP) has provided federal contractors with more information regarding the release of such information.
Specifically, non-objecting contractors began receiving e-mails from the OFCCP as early as November 22, 2022, notifying them of the agency’s intent to release the EEO-1 data beginning on January 2, 2023. The e-mail stated that if the contractors believe the OFCCP sent this message to them in error – for example, if the company filed objections or did not meet the requirements for disclosure during a specific time period – contractors should reach out to the OFCCP as soon as possible, but no later than January 2, 2023.
Read more here.
After a hiatus, the Maryland FOIA-mobile has returned. The owner’s identity is known, but will not be revealed here to protect his or her privacy.
