The Department of Justice has extended the date for comments to its proposed FOIA regulations. One area of comment receiving attention is its proposed response for DOJ components to give when it invokes a FOIA Exclusion -- in that case, the regulations state that the response by the component should "respond to the request as if the excluded records did not exist. This response should not differ in wording from any other response given by the component."
As the Daily Caller article discusses, there have been a number of comments about the proposed Exclusion regulation change. For those unfamiliar with it, an exclusion is much different than one of the nine FOIA Exemptions and can only lawfully be used in certain limited instances. It will be interesting to see what the final