Last week, the government released documents describing the CIA's Bush-era interrogation program. However, not all the documents were accounted for and according to this Washington Independent article, today a Vaughn index may be filed on the remaining withheld documents.
Three years ago today the FOIA blog was born. I'd like to thank each and every one of you for stopping by either on a time basis or regularly to read my posts about the Freedom of Information Act. I hope this blog has been informative, and I look forward to the fourth year of the blog.
If you don't know anything about me, I'm an attorney in Washington D.C. practicing FOIA and other government disclosure laws. My law firm website can be found here.
And don't forget the FOIA blog fan page on Facebook. There is a link on the left top of the blog.
The Federal Reserve has lost the FOIA lawsuit brought by Bloomberg seeking information on the banks that received emergency bank loans from the Fed in 2007. The Fed had sought to withhold the information pursuant to a novel rationale under FOIA exemption 4 to protect the banks. The Federal District Court for the Southern District of New York did not buy the Fed's position, and ordered the information disclosed.
Update: The Fed now plans to appeal the decision and has asked the Court that it delay enforcement of the release order.
The NY Times reports that on Monday that the CIA will release a report detailing harsh tactics its interrogators used on detainees. The release will be made pursuant to a FOIA lawsuit brought by the ACLU.
For those of you following FOIA lawsuits that I have previously written about, journalist Lawrence Jarvik has refiled and amended his complaint against the CIA concerning its activities in Uzbekistan in 2005-2006.
Last year, Jarvik's complaint against the CIA for not granting him a fee waiver was dismissed. He then promised to pay the fees and refiled the complaint. The CIA processed the records and withheld them pursuant to FOIA exemptions 1 and 3. However, the lawsuit said the CIA should process the records, not release them. So Jarvik has now filed an amended complaint challenging the withholding and the CIA will now attempt to justify its actions before the Court.
The National Institute of Standards and Technology ("NIST") investigated the collapse of the World Trade Towers after 9/11. In doing so, it received a number of photos. Now, it wants to know from those who submitted the photos how they should be handled in response to FOIA requests. For more information, read this story from Occupational Health and Safety.
In the last few weeks, I've seen some evidence that certain agencies are beginning to embrace the Obama/Holder policy of increased disclosure. As these are cases I am dealing with for clients, I can't be more specific, but my conversations with the agencies and their counsel have been very positive.
I'd love to hear from any of you, inside or outside of government and hear about any changes (or no changes) in transparency in the individual agencies.
United States District Judge for the District of Columbia James Robertson has ruled that the Federal Deposti Insurance Corporation ("FDIC") may withhold the identies of depositors of failed banks that the FDIC acts as a receiver.
The plaintiff sought the information to solicit the purchase of receiver certificates, which are certificates for deposits above the federal insured level of $100,000 which portions are paid after secured creditors and administrative expenses of the bank are paid. Judge Robertson found that information pertaining to business deposits were protected pursuant to FOIA exemption 4 and that individual depositor's identifying information was protected pursuant to FOIA exemption 6.