FOIA Advisor

Q&A: appealing the G-man

Q&A (2015-16)Allan BlutsteinComment

Q.  With an FBI appeal response of " Only partial records will be disclosed . . . further disclosure might jeopardize operational procedures," I was directed to contact the OGIS division of the National Archives, and failing that, litigate in U.S. District Court.  Is there any other way I might expedite this process?

A.  If you have exhausted the administrative appeals process, you are entitled to file a lawsuit immediately; you are not required to mediate your dispute via OGIS.  Alternatively, you can submit a request for reconsideration of your appeal.  Although requesters are not entitled by law to seek reconsideration, in my experience the Department of Justice will adjudicate them.