Magassa v. FBI (D.C. Cir.) (unpublished) -- affirming district court’s decision that FBI performed adequate search for records concerning plaintiff; FBI properly withheld records pursuant to Exemptions 3 (National Security Act), 7(C), and 7(E); and FBI properly refused to confirm or deny existence of plaintiff’s name on agency terrorism watchlists pursuant to Exemption 7(E).
Summaries of all published opinions issued in 2024 are available here. Earlier opinions are available here.
S. Envtl. Law Ctr. v. Tenn. Valley Auth. (E.D. Tenn.) -- denying government’s motion to dismiss for lack of subject matter jurisdiction because plaintiff filed suit before agency issued its untimely determination and issues about the agency’s search and withholdings remained unresolved.
Summaries of all published opinions issued in 2024 are available here. Earlier opinions are available here.
Sabra v. U.S. Customs & Border Prot. (D.C. Cir.) (unpublished) -- affirming district court’s decision that agency’s production of records mooted plaintiff’s expedited processing claim and that agency’s search for records was adequate.
Summaries of all published opinions issued in 2024 are available here. Earlier opinions are available here.
Dec. 18, 2024
Leopold v. DOJ (D.D.C.) -- in dispute over the Attorney General’s communications referencing voting irregularities in the 2020 election, deciding that DOJ properly withheld all but one document pursuant to Exemption 5’s deliberative process privilege and/or Exemption 7(E); rejecting DOJ’s argument that Exemption 5 applied to so-called “talking points,” because the document read “very much like a fixed script” or a “final set of instructions promulgated by office leadership for staff to follow,” as opposed tp “mere suggestions”; further noting that DOJ failed to show how “previously cleared-for-release responses” would cause harm if released.
Haleem v. DOD (D.D.C.) -- in case concerning agency’s revocation of plaintiff’s security clearance, ruling that: (1) plaintiff’s duplicative request sought only records that the agency had previously withheld, and therefore the court would abstain from reviewing the adequacy of the agency’s original search; (2) plaintiff exhausted his administrative remedies by appealing from the agency’s denial of plaintiff’s duplicate request; (3) in camera review confirmed that agency properly relied on Exemption 7(E) to withhold responsive records detailing procedures and techniques used for law-enforcement purposes; moreover, because the agency demonstrated that disclosure created risk of circumvention of law, no further foreseeable harm analysis was necessary.
Summaries of all published opinions issued in 2024 are available here. Earlier opinions are available here.
Federal positions closing in the next 10 days
Gov’t Info. Specialist, Dep’t of Commerce/Census, GS 13, Suitland, MD, closes 12/30/24 (non-public).
Gov’t Info. Specialist, Dep’t of Veterans Affairs/VHA, GS 9, Charleston, SC, closes 12/30/24 (non-public).
Gov’t Info. Specialist, Dep’t of the Air Force, GS 13, Quantico, VA, closes 12/30/24 (non-public).
Gov’t Info. Specialist, Dep’t of Homeland Sec./USCIS, GS 13, multiple locations, closes 12/30/24 (non-public).
Sup. Gov’t Info. Specialist, Dep’t of State, GS 14, Wash., DC, closes 1/2/25 (non-public).
Gov’t Info. Specialist, Dep’t of the Treasury/IRS, GS 13, multiple locations, closes 1/3/25 (non-public).
Federal positions closing on or after Jan. 9, 2025
Att’y-Advisor, Dep’t of Transportation/PHMSA, GS 14, Wash., DC, closes 1/9/25 (public)
Gov’t Info. Specialist, Dep’t of the Treasury/IRS, GS 13, nationwide, closes 1/9/25 (non-public).
Gov’t Info. Specialist, Pension Benefit Guaranty Corp., GS 12, Wash., DC, closes 1/10/25 (non-public).
Att’y Advisor, Dep’t of Justice/Pardon, GS 13-15, Wash., DC, open until filled (public).
Inst. For Energy Research v. Dep't of the Treasury (D.D.C.) -- deciding that plaintiff was ineligible for attorney’s fees in connection with its requests for correspondence concerning the Inflation Reduction Act of 2022; reasoning that “the record demonstrates that IRS initiated its search and review process before any action was filed, IER cannot prove that its litigation catalyzed the agency's response.”
Summaries of all published opinions issued in 2024 are available here. Earlier opinions are available here.
Federal jobs closing in the next 10 days
Gov’t Info. Specialist, Dep’t of the Air Force, GS 9, Lackland AFB, TX, closes 12/23/24 (non-public).
Gov’t Info. Specialist, Dep’t of the Air Force, GS 9, Langley AFB, VA, closes 12/23/24 (non-public).
Gov’t Info. Specialist, Dep’t of the Navy, GS 12, Annapolis, MD, closes 12/23/24 (non-public).
Gov’t Info. Specialist, Dep’t of Housing & Urban Dev./OIG, GS 12-13, multiple locations, closes 12/23/24 (agency only).
Gov’t Info. Specialist, Dep’t of Housing & Urban Dev./OIG, GS 12-13, multiple locations, closes 12/23/24 (non-public).
Gov’t Info. Specialist, Dep’t of Health & Human Serv./FDA, GS 13, Rockville, MD, closes 12/24/24 (non-public).
Gov’t Info. Specialist, Dep’t of Labor/OSHA, GS 9, multiple locations, closes 12/24/24 (public).
Gov’t Info. Specialist, Dep’t of Justice/Crim., GS 9, Wash., DC, closes 12/24/24 (recent graduates).
Gov’t Info. Specialist, Dep’t of Homeland Sec./USCIS, GS 7-11, remote, closes 12/27/24 (non-public).
Lead Gov’t Info. Specialist, Dep’t of the Air Force, GS 13, Andrews AFB, MD, closes 12/27/24 (non-public).
Ass’t Gen. Counsel, Dep’t of Justice/BOP, GS 12-15, Wash., DC, closes 12/27/24 (public).
Sup. Gov’t Info. Specialist, Dep’t of State, GS 14, Wash., DC, closes 12/27/24 (non-public).
Sup. Gov’t Info. Specialist, Dep’t of the Air Force, GS 13, multiple locations, closes 12/27/24 (public).
Gov’t Info. Specialist, Dep’t of Commerce/Census, GS 13, Suitland, MD, closes 12/30/24 (non-public).
Gov’t Info. Specialist, Dep’t of Veterans Affairs/VHA, GS 9, Charleston, SC, closes 12/30/24 (non-public).
Gov’t Info. Specialist, Dep’t of the Air Force, GS 13, Quantico, VA, closes 12/30/24 (non-public).
Federal jobs closing on or after Jan. 3, 2025
Gov’t Info. Specialist, Dep’t of the Treasury/IRS, GS 13, multiple locations, closes 1/3/25 (non-public).
Att’y-Advisor, Dep’t of Transportation/PHMSA, GS 14, Wash., DC, closes 1/9/25 (public)
Att’y Advisor, Dep’t of Justice/Pardon, GS 13-15, Wash., DC, open until filled (public).
On December 19, 2024, CSPAN will air a program commemorating the 50th anniversary of the 1974 FOIA amendments. Speakers will include Ralph Nader and Congressman Jamie Raskin.
The Social Security Administration has issued a rule finalizing its revisions to its FOIA regulations, a process that began in June 2023. The rule is effective January 17, 2025.
According to quarterly data available on FOIA.gov for fiscal year 2024, the Department of Justice received 131,219 FOIA requests, processed 157,586 requests, and ended the year with 21,625 backlogged requests—a 50 percent backlog reduction from FY 2023 (43,927 backlogged requests). This marks DOJ’s lowest number of backlogged requests since the end of FY 2018 (17,411). The number of requests received and processed by DOJ are both record highs (as of 2008, the oldest data available on FOIA.gov), and both exceeded DOJ’s FY 2023’s totals (110.934 and 144,065, respectively).
DOJ typically receives the most requests annually behind the Department of Homeland Security, whose data for the fourth quarter of FY 2024 has not yet been posted.