FOIA Advisor

ICYMI, DOJ skips another FOIA Advisory Committee meeting

FOIA News (2025)Allan BlutsteinComment

The Department of Justice’s Office of Information Policy failed to send a representative to the federal FOIA Advisory Committee’s meeting on June 12, 2025, the second consecutive committee meeting OIP has missed since its director was ousted in early March. OIP’s continued absence did not go unnoticed. Of note, OGIS director and Committee Chair Alina Semo jumped into a discussion about a draft recommendation aimed at OIP and remarked that “we obviously have a vacancy on the FOIA Advisory Committee which is occupied by the director of the Office of Information Policy. There is no director currently or acting directing. As I understand it they’re waiting for confirmation of a new associate attorney general to whom OIP staff reports . . . .” FOIA Advisory Committee Meeting, YouTube (June 12, 2025), https://www.youtube.com/live/59PYN88FCpw (45:14-45:38).

The President’s nominee for Associate Attorney General, Stanley Woodward, cleared the Senate Judiciary Committee by a 12-10 vote —coincidentally, on June 12, 2025. The bylaws of the FOIA Advisory Committee provide that government members “should”— not must—include “one representative from the Department of Justice, Office of Information Policy” (not necessarily the director) Thus, the Archivist of the United States could lawfully appoint an OIP staff member to temporarily serve on the committee if DOJ were interested in participating (which it clearly is not). Moreover, the Committee’s bylaws do not prevent AOTUS from filling OIP’s traditional seat with an employee from another agency. The FOIA Advisory Committee has lost four government members since its latest term began in September 2024. None have been replaced.