The FOIA blog

New Classification Order Delayed

The Boston Globe reports on the making of the new Executive Order on Classification standards.  The new EO will replace the amended one left by the Bush administration.  According to the story, the classification bureacracy is pushing back on some of the declassification ideas being pushed by the administration.

One small point--the story says William Bosanko was appointed in April of 2008 by President Obama.  However, in April of 2008, President Obama was only a senator from Illinios fighting Hillary Clinton for the Democratic nomination, and he had no appointment power.

I believe an Executive Order will be issued in the near future and no one will be fully happy with it.  And like sausage, classification orders are best viewed when completed, not while being made.

RIP, Mark Pittman

Mark Pittman, the Bloomberg News reporter who was behind its FOIA lawsuit against the Federal Reserve has passed away.  More in the Washington Post.

Happy Thanksgiving

Happy Thanksgiving from the FOIA blog.  May none of your FOIA requests be turkeys this year!

Details of ASAP Symposium Released

The American Society of Access Professionals ("ASAP") has released its schedule for its annual symposium to be held in Washington D.C. on December 1-2, 2009.  Details can be found here. 

Detainee Photo Issue Still Alive at Supreme Court

According to the Reporter's Committee for the Freedom of the Press, the ACLU has asked the Supreme Court to refuse the government's request that the lower court ruling ordering the photos be released be vacated.

The Second Circuit Court of Appeals held that FOIA exemption 7(F) did not protect the photos and the government appealed to the Supreme Court.  While the case was pending at the Supreme Court, Congress passed the photo's exempt pursuant to FOIA exemption 3.  The ACLU is now arguing that the 7(F) decision is still good law and is urging the Supreme Court to not vacate it, even if the photos are exempt under a different exemption.  The government had asked that the ruling be vacated and remanded to the lower court for further proceedings.

Friday FOIA Roundup

Here's a couple of interesting FOIA items that have come into The FOIA blog's world headquarters this week.

Law student Alexander Sellinger has an article which is appearing in the Fordham Journal of Corporate and Financial Law.  It's entitled Backdoor Bailout Disclosure: Must the Federal Reserve Disclose the Identities of its Borrowers Under The Freedom of Information Act?  It can be found here: Download Fed_Lending_Disclosure_Article[1]

Bruce Schundler thought there was some financial irregularities at the Mesa Verde National Park, so he made a series of FOIA requests.  His website details what he found and what happened at the park.

Two in GOP Seek Further Fed Transparency

Two Republican Congressman have written an op-ed in the Wall Street Journal calling on further transparency at the Federal Reserve.  Representative Ron Paul (R-Tx) and Senator Jim DeMint (R-SC) write that increased transparency would, among other things, make it so that news organizations (like Fox News and Bloomberg) wouldn't have to file FOIA requests and then sue for information.

I actually think the increased transparency at the Federal Reserve is an area where Congressional Demorcrats and Republicans can agree on; hopefully these Congressman will keep their focus on this important issue.

Fed, Treasury Sued For Bush-Era Documents

Judicial Watch has sued the Federal Reserve and the Treasury Department for documents pertaining to actions and meetings that occured in 2008, when the economy was in an apparent free-fall.  Both agencies have failed to act on the requests. 

Arguments Heard in Reverse-FOIA Action

The U.S. Court of Appeals heard arguments in a reverse-FOIA case on Monday that involved documents submitted to the government by United Technologies.  The blog of the Legal Times has this on the case.

For those of you who don't know what a reverse-FOIA is, it is when a submitter of records who has asked the government to withhold the records pursuant to exemption 4, loses at the administrative level and brings a lawsuit to enjoin the release of the documents.  It is called "reverse-FOIA" because it is a submitter that seeks protection under an exemption and the government wants to release information.

Alaska Still Blocking Palin E-mails

The state of Alaska is still blocking access to it's former Governer, Sarah Palin's official emails.  The Anchorage Daily News has more.