The FOIA blog

Mark Cuban Files FOIA Lawsuit

Mark Cuban, who has been sued by the SEC for insider trading, has filed a lawsuit over his FOIA requests for records pertaining to the SEC's investigations of him.

I haven't seen the lawsuit yet (his lawyers reportedly sent a copy to the AP but I couldn't find a link to it), but my take is that the SEC will argue these records are part of the ongoing investigation of Cuban and are protectible at this time pursuant to FOIA exemption 7(A).  I'm also not sure why he isn't entitled to these records under criminal discovery under the case the SEC has against him. 

More on CIA JFK Records Lawsuit

Journalist Jefferson Morley has an update (and a very good synopsis) of his quest for CIA records pertaining to George Joannides.  Morley wants the agency (and the DOJ defending the agency) to step up and release the records under the new Obama/DOJ FOIA Openness policy.

I'd like to see Congress take a look at this and find out why these weren't produced pursuant to the JFK records act.

Open Government Initiative

The White House has a website up where you can vote for and discuss initiatives concerning open government.  Those of you who are interested in FOIA, please provide some ideas--I think the most underdeveloped area in FOIA is not the policy side, but the FOIA Operations side and if you agree with me, please express this on the website.

Sotomayor and the FOIA

The Reporter's Committee for Freedom of the Press ("RCFP") has this on President Obama's choice for the Supreme Court, Federal Circuit Judge Sonia Sotomayor.  It discusses her rulings on items the RCFP considers important to the media, including the FOIA.

I'll have more on Judge Sotomayor and the FOIA as the confirmation process continues.  However, as a baseball fan, I've always liked her ruling in March of 1995 which may just have saved baseball--she sided with the players over the owners--ending the baseball strike of 1994-95.

Former White House Office of Administration Director on FOIA

Here's an interview from Federal News Radio (it's a radio station in the Washington D.C. area that once was home to Tony Kornheiser and now talks about things like FOIA) in which former White House Office of Adminstration Director Frank Reeder talks about his old office and the FOIA. 

Pacific Fisheries v. IRS in Tax Analysts

Today's Tax Analysts (subscription required) has a detailed write up of the Pacific Fisheries v. IRS decision from the Federal Court for the Western District of Washington.  The Court ruled that the IRS did not have to release information transmitted to and from a foreign country pursuant to the FOIA.

I'm quoted in the article as I give my two cents about how agencies often get to file multiple declarations to show how release would harm them because courts do not want to get that decision wrong (once the material is released it can't be taken back).

More on NRDC Lawsuit

Here's a detailed article about the NRDC FOIA lawsuit against the Federal Maritime Commission. 

NRDC Sues Federal Maritime Commission Over Port Cleanup Documents

The National Resources Defense Counsel has sued the Federal Maritime Commission in Federal District Court in the District of Columbia over its request on information about the agency's opposition to the Los Angeles and Long Beach ports' new clean trucks program.

Kyle Stubbs

It is with a great deal of sadness that I report that Kyle Stubbs, former attorney at the Office of Information and Privacy ("OIP"), Department of Justice passed away today.  Kyle was my office mate when I first came to OIP and was one of the best mentors I ever had.  He moved to the Denver area in the early 1990's to pursue other opportunities, but his presence in the FOIA community was never replaced.  My sympathy go out to his wife, Naomi and son Gillian.

If I receive any more information on services or tributes to Kyle, I'll be sure to pass them on.

White House Office of Administration Found Not to Be Subject to the FOIA

The United States Court of Appeals for the District of Columbia Circuit has ruled that the White House Office of Administration is not an agency subject to the FOIA.  This decision comes in a lawsuit brought by Citizen for Responsibility and Ethics in Washington ("CREW") [ed. note--I do some legal work on behalf of CREW but did not do anything on this matter] for records about White House emails.

Just last week, CREW and a number of other organizations sent a letter to the White House asking that the current administration reverse the Bush administration's policy as to the Office of Administration and treat it as subject to the FOIA.  The White House has not responded to the letter as of today.