FOIA Advisor

Court opinions issued Aug. 28, 2025

Court Opinions (2025)Allan BlutsteinComment

Schubert v. BOP (D.D.C.) -- ruling that pro se inmate failed to exhaust his administrative remedies for one request concerning an alleged BOP employee, and BOP properly refused to confirm or deny the existence of personnel records about another alleged employee under Exemption 6.

MSW Media, Inc. v. U.S. DOGE Serv. (D.D.C.) -- granting plaintiffs’ motion to preserve records in FOIA action because: (1) plaintiffs raised serious legal questions about whether Elon Musk was acting as a de facto USDS employee; (2) there was a risk of irreparable harm due to potential deletion of records, especially messages sent via Signal; (3) the burden on USDS to preserve records was minimal; and (4) preserving the records served the public interest in government transparency.

Informed Consent Action Network v. FDA (D.D.C.) -- granting an initial six-month stay instead of the requested 18 months after finding the agency showed exceptional circumstances due to court-ordered production of millions of COVID-19 vaccine records and demonstrated due diligence in processing FOIA requests; limiting the stay to avoid rendering disclosures stale or irrelevant.

Summaries of all published opinions issued in 2025 are available here. Earlier opinions are available for 2024 and from 2015 to 2023.

Court opinion issued Aug. 27, 2025

Court Opinions (2025)Allan BlutsteinComment

James Madison Proj. v. CIA (D.D.C.) -- ruling that: (1) the CIA properly invoked Exemptions 1 and 3 to withhold both its 2022 assessments of so-called “Havana syndrome” and an unknown number of undescribed records responsive to plaintiff’s request for “intelligence information relied upon” and “findings made” in connection with those assessments; and (2) the CIA was not required to perform a search for quantitative or qualitative information before issuing a “no number, no list” response, because “nothing the agency uncovered could be released,” and thus there was “no utility in CIA’s conducting a further search.”

Summaries of all published opinions issued in 2025 are available here. Earlier opinions are available for 2024 and from 2015 to 2023.

FOIA News: More DOGE fun

FOIA News (2025)Allan BlutsteinComment

FOIA Results Wanted Before Ruling In DOGE Disclosure Suit

By Jared Foretek, Law360, Aug. 26, 2025

A D.C. federal judge said he wants to see how the Trump administration responds to Freedom of Information Act requests submitted in February before deciding on the government's motion to dismiss an environmental group's suit claiming that DOGE teams working in federal agencies have violated transparency laws.

At a status conference Tuesday morning, an attorney for the federal government said some of the agencies that received FOIA requests regarding the activities of the advisory organization known as the Department of Government Efficiency should be formally responding next month. But, he said, the court shouldn't need to wait for the agencies to reply to review its dismissal motion, arguing that the Center for Biological Diversity, the plaintiff, had brought a deficient complaint in the hopes of strengthening it with FOIA responses and discovery later.

 "The proper process here is not to file a deficient complaint and then … seek discovery to fill deficiencies in the complaint," Samuel Holt, the U.S. Department of Justice attorney, said Tuesday.

 But U.S. District Judge Randolph D. Moss said that it would save the court time if he took on any FOIA disputes before assessing the government's grounds for dismissal. If a dismissal ruling came first, he said, the court might grant it, only to have the plaintiffs bring an amended complaint using what they got from the FOIA requests.

Read more here (accessible with free trial subscription).

Court opinion issued Aug. 26, 2025

Court Opinions (2025)Ryan MulveyComment

Burleigh v. Fed. Commc’ns Comm’n (D.D.C.) — denying plaintiffs’ motion for preliminary injunction; concluding plaintiffs had failed to demonstrate irreparable harm by explaining how the requested records were “‘time-sensitive and highly probative, or even essential to the integrity, of an imminent event, after which event the utility of the records would be lessened or lost’”; noting the requesters’ “complaints . . . [about needing] due expedition have largely been addressed by the grant of expedited consideration they have already received”; nevertheless opining that “plaintiffs’ consternation with the course of events since the lawsuit was filed is not wholly misplaced” since the agency has not been willing to provide a timeline for the completion of production and gave plaintiffs’ an “initial production” of “only 35 pages.”

Summaries of all published opinions issued in 2025 are available here. Earlier opinions are available for 2024 and from 2015 to 2023.

Court opinion issued Aug. 22, 2025

Court Opinions (2025)Allan BlutsteinComment

Bolin v. NARA (D. Nev.) -- dismissing as moot plaintiff’s FOIA claim that NARA violated the statute’s reading room provision by failing by failing to digitize and publish JFK assassination records, because Executive Order 14,176 mandated full release and digitization of the JFK Collection.

Summaries of all published opinions issued in 2025 are available here. Earlier opinions are available for 2024 and from 2015 to 2023.

Court opinion issued Aug. 21, 2025

Court Opinions (2025)Allan BlutsteinComment

Duda v. DOJ (D.D.C.) -- in case concerning audio recordings related to FBI’s investigations of Emmett Till’s murder, ruling with respect to one recording that: (1) in camera review was needed to determine whether a source received an express or implied assurance of confidentiality, as the FBI claimed, because the court received a competing declaration from a former agency who originally obtained the recording; (2) FBI improperly relied on Exemptions 6 and 7(C) to withhold identifying details of third parties mentioned on the recording, noting that the agency had no basis to use the “100-year rule” to determine whether any person was still alive; further finding that there was a profound public interest in understanding the government’s handling of “one of the most consequential acts of racial violence in American history”; and (3) rejecting as “inconceivable” the FBI’s conclusory segregability claim that only one minute of the 100-minute recording could be released, emphasizing that targeted redactions or voice modulation could protect third party identities.

Summaries of all published opinions issued in 2025 are available here. Earlier opinions are available for 2024 and from 2015 to 2023.

FOIA News: OIP announces FY26 training thru Feb. 4th

FOIA News (2025)Allan BlutsteinComment

OIP Announces New FOIA Trainings Dates for Fiscal Year 2026

By DOJ/OIP FOIA Post, Aug. 25 2025

Today, the Office of Information Policy (OIP) announces new dates for FOIA training during for the first half of Fiscal Year 2026.  As part of its responsibility to encourage agency compliance with the FOIA, OIP offers numerous training opportunities throughout the year for agency FOIA professionals and individuals with FOIA responsibilities. 

These courses are designed to offer training opportunities for personnel from all stages of the FOIA workforce, from new hires to the experienced FOIA professionals or FOIA managers.  OIP will continue to offer virtual training sessions that will be taught in real-time by OIP instructors.  We will announce more training opportunities for the spring and summer at a later date.  As Fiscal Year 2026 quickly approaches, we are excited to announce our upcoming virtual training courses. You can find these courses listed on OIP’s Training page.

The courses and dates scheduled so far for Fiscal Year 2026 are:

Virtual Annual FOIA Report Refresher and Quarterly Report Training
October 7, 2025

Virtual Chief FOIA Officer Report Refresher Training
October 15, 2025

Virtual Introduction to the Freedom of Information Act
November 5, 2025

Virtual Litigation Seminar 
November 12, 2025

Virtual Procedural Requirements and Fees Training
December 2, 2025

Virtual Exemption 1 and Exemption 7 Training
December 10, 2025

Virtual Exemption 4 and Exemption 5 Training
January 13, 2026

Virtual Privacy Considerations Training
January 21, 2026

Virtual Administrative Appeals, FOIA Compliance, and Customer Service Training
January 28, 2026

Virtual Advanced Freedom of Information Act Training
February 4, 2026

Read more here.

Jobs, jobs, jobs: Fantastic Four

Jobs jobs jobs (2025)Allan BlutsteinComment

Gov’t Info Specialist, Dep’t of Veterans Affairs, Office of Info. Tech., GS 13, Wash. DC, closes 8/25/25 ((internal career transition only).

Gov’t Info. Specialist, Dep’t of Veterans Affairs/VBA, GS 13, location negotiable, closes 8/27/25 (internal career transition only).

FOIA Team Lead, ZemiTek, LLC (for USAID), $155,700.00 - $194,802.52, Wash. DC. closes 8/28/25 (public).

Gen. Att’y, Dep’t of Homeland Sec./ICE, GS 11-14, multiple locations, closes 9/2/25 (public).