WH Visitor Records Are Agency Records Subject to the FOIA

Judge Royce C. Lamberth of the United States District Court for the District of Columbia has ruled that White House visitor records created by the Secret Service are agency records subject to the FOIA.

In a lawsuit brought by Citizens for Responsibility and Ethics and Washington ("CREW") (note:  I do legal work for CREW, but have not been involved in this matter) against the Secret Service concerning visitor records of religious leaders who have visited the White House, the Secret Service claimed the requested records were not within its control and therefore not subject to the FOIA. 

This decision also has repercussions on other cases pending on White House visitor records, such as the one brought by CREW on visitor records of Jack Abramoff and associates.  A fact that was noted in a decision by Judge Lamberth in the non-FOIA portion of the Abramoff case also issued at the same time as this FOIA case.

In a lengthy analysis, Judge Lamberth rejected the government's contention, and found that the records were indeed agency records and subject to the FOIA.  The government will now have to decided if it is going to search for and release the requested records or appeal the case to the United States Circuit Court of Appeals. 

The decision to appeal will be interesting as it will be the first major FOIA decision made since Michael Mukasey took over as Attorney General--an appointment that was largely approved by the Senate because Mukasey claimed he would restore independence to the Department of Justice.