The FOIA blog

A Different Kind of Freedom of Information

As most of my readers know, this blog concerns the Freedom of Information Act and has nothing to do with dance (even though some of my critics may say I dance around certain topics).  However, Miguel Gutierrez is hosting a nationwide dance event entitled "freedom of information" on New Year's eve.  The event was written up in the NY Times and has a blog entitled "freedom of information 2008."

Maybe the future will hold other freedom of information inspired art, such as "FOIA" a TV series about a government agency's FOIA operations. 

Bailout and Openness: An Editorial

Here's an editorial from the Baltimore Sun that says there should be much more information about the Federal Reserve and Treasury Department's attempts to bailout the economy.  I agree and I think the following should be done:

1. Specifically state that certain records should be made public even though they could be exempt normally under the FOIA.

2. Limit the use of Exemption 8 for bank records in this case.

More on Transition Records; I'm Quoted

The Washington Times has an article about transition records and the FOIA.  I'm quoted (with a shout out to this blog!) as is my position that there are other things that are higher in the list of FOIA priorities than transition records.

D.C. Circuit Hands Down Attorney Fee Decision

The Court of Appeals for the District of Columbia has handing down an opinion concerning entitlement to attorney fees.  The 2-1 decision finds William Davy, Jr. entitled to attorney fees in his lawsuit against the CIA for records pertaining to the Kennedy assassination.  

I find one of the most interesting part of the discussion to be the specific discussion in the majority opinion about journalists and writers commericial interests in selling books and magazines not being a bar to being awarded attorney fees.  Additionally, Judge Tatel's concurrence is also a very interesting read.

With new attorney fee rules now on the books due to last year's FOIA amendments, I look for more court decisions on attorney fees in the coming year. 

More on Transition Records; I'm Quoted

The Washington Times has an article about transition records and the FOIA.  I'm quoted (with a shout out to this blog!) as is my position that there are other things that are higher in the list of FOIA priorities than transition records.

Transition Records Not Subject to FOIA

Just in case you weren't aware of it, records of presidential transition offices are not subject to the FOIA.  Politico weighs in on the topic, with yet another interview of former OIP Co-Director Daniel Metcalfe.

And in case you ask, I think its much more important to make quasi governmental agencies and offices subject to the FOIA.  Examples are the PCAOB (Public Company Accounting Operations Board) which has governmentally sanctioned regulation power over the accounting industry but is not subject to the FOIA and the Smithsonian Institution.

Georgetown Students File Suit Over Danny Pearl Related Records

This Washington Post article discusses a FOIA lawsuit filed this week by students in a Georgetown University journalism class.  The suit is related to records various government agencies have about those involved in the death of Danny Pearl, including shoe bomber, Richard Reid, who Pearl was trying to interview before his kidnapping.

I believe Richard Reid, and others like him, have very limited privacy rights.  They are not U.S. Citizens or Legal Permanent Residents, thus they have no rights under the Privacy Act.  There is a huge public interest in these records and as such, agencies should not send out letters asking for these people's signatures before they will process records relating to them.  This is not a new issue as years ago, the DEA turned down a request by Terry Anderson for information on those who kept him hostage--and didn't relent until Anderson was forced to sue.  Hopefully, the new administration will find compentent people to oversee FOIA Offices at these agencies so that the courts are not clogged with these types of matters. 

Treasury Sued Over Bailout Records

It has been reported that FOX News has sued the Department of the Treasury over requests it made for Bailout Records.

The requests were made in late November and early December, so the lawsuit is really for expedited access to the records at this point.  Once a court decides if expedition is required, the processing of the records will either occur within a few days or a more leisurely bureacratic course (20 working days from the date the agency received the actual request).

Treasury Sued Over Bailout Records

It has been reported that FOX News has sued the Department of the Treasury over requests it made for Bailout Records.

The requests were made in late November and early December, so the lawsuit is really for expedited access to the records at this point.  Once a court decides if expedition is required, the processing of the records will either occur within a few days or a more leisurely bureacratic course (20 working days from the date the agency received the actual request).

Interesting Tapscott-Metcalfe Discussion on FOIA

In the DC Examiner, Mark Tapscott analyzes a piece done by former DOJ OIP head Dan Metcalfe in DC's Legal Times. (The Legal Times is for registered users only, so I can't link to it) 

Tapscott agrees with some of Metcalfes points, puts forth more ideas for the FOIA (such as including Congress--I wholeheartedly agree) and says Metcalfe's piece was "too partisan." 

Metcalfe then adds a comment at the bottom of the piece, inviting Tapscott to debate their differences at the Washington College of Law on January 29, 2009 (at a conference on the new administration's openness policies).