FOI Advocate Blog

The NFOIC open government blog is a compendium of original concepts and analysis as well as ideas, edited excerpts and materials from a variety of sources. When the information comes from another source, we will attribute it and provide a link. The blog relies on the accuracy and integrity of the original sources cited; we will correct errors and inaccuracies when we become aware of them.

For Advocate posts prior to July, 2011, visit http://foiadvocate.blogspot.com/.
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May 13, 2013 12:41 PM

From Northwest Public Radio:  The US Attorney in Seattle has stepped in to block the release of information about a once-secret program under which fictitious driver licenses were issued by the state of Washington. In a letter to the state, Jenny Durkan’s office says the documents are “classified national security information.”

Durkan’s letter acknowledges that employees of the U.S. Government have been issued Washington driver’s licenses under pseudonyms. This is so they can conduct undercover activities. But the letter reminds the Washington Department of Licensing that some of its employees signed federal non-disclosure agreements. The letter also says federal law trumps the state’s Public Records Act when it comes to national security.

 

March 19, 2013 10:59 AM

From American Civil Liberties Union (ACLU):

WASHINGTON – A federal appeals court ruled today that the Central Intelligence Agency cannot deny its "intelligence interest" in the targeted killing program and refuse to respond to Freedom of Information Act requests about the program while officials continue to make public statements about it.

"This is an important victory. It requires the government to retire the absurd claim that the CIA's interest in the targeted killing program is a secret, and it will make it more difficult for the government to deflect questions about the program's scope and legal basis," said ACLU Deputy Legal Director Jameel Jaffer, who argued the case before a three-judge panel of the D.C. Circuit Appeals Court in September. "It also means that the CIA will have to explain what records it is withholding, and on what grounds it is withholding them."



December 10, 2012 2:26 PM

From Global Research:

Washington, D.C. (Dec 7, 2012) – The U.S. Court of Appeals for the D.C. Circuit yesterday rejected the CIA’s attempt to shortcut the National Security Archive’s lawsuit under the Freedom of Information Act to obtain the last still-secret history of the disastrous Bay of Pigs invasion in 1961.

With the ruling, the Archive has moved a step closer to compelling openness for the only remaining unreleased volume of a draft history of the Bay of Pigs operation, written by a CIA staff historian in the 1980s. One volume of the five-volume history reached the public through the John F. Kennedy Assassination Records Review Board’s action in the 1990s; and the Archive filed its FOIA lawsuit for the remaining volumes in April 2011, on the 50 th anniversary of the failed CIA-sponsored invasion of Cuba.

October 5, 2012 10:02 AM

From ACLU:

Earlier this year, we filed a motion for summary judgment, arguing that the CIA’s claim of FOIA exemptions was legally improper, and asking the D.C. federal district court to order the release of these crucial reports. In July, we won a small but important victory: the court ordered the CIA to produce all eleven reports for in camera review – that is, to allow the court itself to read the reports in closed session to ascertain whether their withholding was lawful.

Last week, the court ruled on the balance of our outstanding motion with disappointing results. The court held that 10 of the 11 reports were withheld properly, notwithstanding our arguments that the information we are seeking from these reports is narrowly confined to activities that the CIA itself regarded as unauthorized at the time. Although the court ordered the CIA to review the eleventh report more closely, it made clear that the agency must only release information in that report that matches information previously disclosed in the Special Review.

 

September 21, 2012 1:23 PM

From The Washington Post:

WASHINGTON — Federal appeals court judges Thursday questioned the CIA’s efforts to block information on the use of unmanned drones to kill suspected terrorists.

A lower court federal judge sided with the CIA last year and dismissed a lawsuit by the American Civil Liberties Union seeking records about the use of drones. In response to an ACLU Freedom of Information Act request, the CIA had refused to confirm or deny the existence of responsive records.

June 20, 2012 7:39 AM

From The National Security Archive:

Washington, D.C., June 19, 2012 – The National Security Archive today is posting over 100 recently released CIA documents relating to September 11, Osama bin Laden, and U.S. counterterrorism operations.  The newly-declassified records, which the Archive obtained under the Freedom of Information Act, are referred to in footnotes to the 9/11 Commission Report and present an unprecedented public resource for information about September 11.

The collection includes rarely released CIA emails, raw intelligence cables, analytical summaries, high-level briefing materials, and comprehensive counterterrorism reports that are usually withheld from the public because of their sensitivity.  Today's posting covers a variety of topics of major public interest, including background to al-Qaeda's planning for the attacks; the origins of the Predator program now in heavy use over Afghanistan, Pakistan and Iran; al-Qaeda's relationship with Pakistan; CIA attempts to warn about the impending threat; and the impact of budget constraints on the U.S. government's hunt for bin Laden.

May 25, 2012 1:49 PM

A few national and state FOIA and open government news items selected from many of interest that we might or might not have drawn attention to earlier in the week:

ACLU sues DOJ for digital surveillance data

The American Civil Liberties Union filed a Freedom of Information Act lawsuit against the Justice Department Wednesday to compel the release of electronic surveillance data dating back to 2010. In the original FOIA request, dated Feb. 15, 2012, the ACLU requested data on pen register and trap and trace devices. Pen registers record all numbers called from a particular phone, according to the suit, which was filed Wednesday in the District Court of Southern New York. Trap and trace devices allow recording of”non-content” information on a particular communications line, such as “to” and “from” lines of emails and IP addresses of websites visited.

Visit Main Justice for the rest.

In California, progress on a bill to open government records

Legislation that would require all California government agencies to make public records available in an "open" format moved forward on Thursday after activists rallied to persuade the state's Senate Appropriations Committee that the requirement would not burden those agencies with millions of dollars in new obligations.

Visit TechPresident for the rest.

Media outlets, open government groups file amicus curiae briefs in support of lawsuit to obtain White House visitor logs

Judicial Watch announced that major mainstream media outlets and open government organizations have joined its legal campaign against the Obama Secret Service to force the release of White House visitor logs. On August 17, Obama-appointed federal Judge Beryl Howell ruled against the Obama administration that Secret Service White House visitor logs are agency records that are subject to disclosure under the Freedom of Information Act (FOIA). The Obama administration appealed that decision and the lawsuit is now before the United States Court of Appeals for the District of Columbia Circuit (Judicial Watch v. U.S. Secret Service (No. 11-5282)).

Visit MarketWatch for the rest.

Town Council members issue FOIA request on New Canaan school budget

Town Council members John Emert and Roger Williams believe they have not been given enough detailed information on the $74 million school budget, which the council passed unanimously on April 17. They're hoping they can obtain the information they're looking for through the Freedom of Information Act.

Visit Acorn-Online for the rest.

WH leaks for propaganda film

As is now well documented, the Obama administration has waged an unprecedented war on whistleblowers, prosecuting more of them under espionage statutes than all prior administrations combined: twice as many as all prior administrations combined, in fact. They are attempting, or have attempted, to imprison whistleblowers who exposed corrupt and illegal NSA eavesdropping, dangerously inept efforts to impede Iran’s nuclear program (which likely strengthened it), the destructive uses of torture, and a litany of previously unknown U.S.-caused civilian deaths and other American war crimes.

Visit Glenn Greenwald at Salon.com for the rest.

 

4 Western US states shielding part of executions

BOISE, Idaho — A San Francisco-based federal appeals court ruled in 2002 that every aspect of an execution should be open to witnesses, from the moment the condemned enters the death chamber to his or her final heartbeat. The ruling established what was expected of the nine Western states within the court's jurisdiction. A decade later, four of the states have kept part of each execution away from public view, according to an Associated Press review and death penalty experts.

Visit The Observer-Dispatch for the rest.

Survey shows Nevada politicos support more open government

CARSON CITY, Nev. — There's strong support among Nevada political candidates to require regular reporting by lobbyists of how much they spend wining, dining and schmoozing state lawmakers, according to a new survey released Wednesday. The survey conducted by the Nevada Policy Research Institute and the Nevada Press Association also found that many favor penalties for public record law violations and making the Legislature subject to Nevada's open meeting law.

Visit nola.com for the rest.

2nd Circuit upholds FOIA exemption for CIA waterboarding records

A federal appeals court on Monday upheld a lower court ruling exempting the CIA's waterboarding records and a photograph of Abu Zubaydah during his interrogation from disclosure under the Freedom of Information Act. In its ruling (PDF), the New York City-based 2nd U.S. Circuit Court of Appeals said the act shields such classified material from public view even though President Barack Obama has declared the practice of waterboarding illegal, the New York Law Journal reports.

Visit ABA Journal for the rest.

Foundation at University of Iowa refuses request for records

The University of Iowa Foundation says its emails and expense records are not subject to disclosure under the state’s open-records law, a position that appears to conflict with a 2005 Iowa Supreme Court ruling. The foundation, which maintains $1.1 billion in assets to benefit the university, has rejected The Des Moines Register’s request for emails between its staff and university officials, saying it does “not plan on directly responding” to the request.

Visit DesMoinesRegister.com for the rest.

April 20, 2012 11:02 AM

A few open government and FOIA news items selected from many of interest that we might or might not have drawn attention to earlier:

Jessica Dorrell, Bobby Petrino Scandal Shows Power Of FOIA

Bobby Petrino is just the latest Arkansas coach to reveal a bit too much on a state issued cell phone. Petrino was dismissed by Arkansas athletic director Jeff Long on before his phone records became available, but the revealing records won't make it any easier for him to land his next job.

Visit International Business Times for the rest.

Judicial Watch Sues DHS for Records Regarding President's Illegal Alien Uncle

Judicial Watch, the organization that investigates and fights government corruption, announced today that it has filed a Freedom of Information Act lawsuit against the U.S. Department of Homeland Security for records related to President Obama's illegal alien uncle, Onyango Obama, who was arrested in August 2011 on drunken driving charges in Framingham, Massachusetts.

Visit Wall Street Journal for the rest.

FOIA Requests Overwhelm City Clerk’s Office

A small number of individuals and entities are responsible for the 10 to 20 weekly Freedom of Information Act (FOIA) requests that are overwhelming Evanston’s city clerk’s office, said City Clerk Rodney Greene at Tuesday night’s City Council meeting.

Visit Evanston Patch for the rest.

Poisons lurk where lead-smelting factories once stood

Ken Shefton is furious about what the government knew eight years ago and never told him — that the neighborhood where his five sons have been playing is contaminated with lead.

Visit USA Today for the rest.

Hawaii Open Government Under Attack

All is not well in the Aloha state. “Sunshine” advocates including Rep. Barbara Marumoto are rising up to oppose a recent attack on Hawaii’s open government. A new bill that was introduced earlier this year is set to intentionally delay responses to public records requests. SB2858 “Creates a process for an agency to obtain judicial review of a decision made by the Office of Information Practices relating to the Sunshine Law or the Uniform Information Practices Act, and clarifies standard of review.”

Visit Government in the Lab for the rest.

CIA Digs In, Refuses to Repeal Damaging Mandatory Declassification Review Regulations.

The CIA has responded to a letter signed by 36 groups requesting that the it withdraw new MDR fee regulations that allow it to charge up to $72 per hour to search for documents –even if none are found.  The response from the CIA’s Information Management Services: Talk to our lawyers, not us.

Visit Unredacted for the rest.

Groups File FOIA Request on 2009 Yemeni Attack

The American Civil Liberties Union and the Center for Constitutional Rights have filed a Freedom of Information Act request looking into a 2009 U.S. missile strike that killed 41 Yemeni people, the groups announced on Tuesday.

Visit National Journal for the rest.

Watchdog Group Sues County For Records Of Investigation Of Freeholder’s Son

The Union County Watchdog Association (UCWA) has filed a lawsuit in Union County Superior Court seeking access to investigatory records involving a former county employee, Patrick Scanlon, Jr., who is the son of Freeholder Deborah Scanlon.

Visit NJToday for the rest.

April 6, 2012 1:53 PM

From Daily Caller:

The FCC’s own Freedom of Information Act (FOIA) reports suggests that the agency is actually more transparent than the federal government average, putting the agency at odds with numbers recently revealed by Florida House Republican Mario Diaz-Balart.

April 4, 2012 10:36 AM

From The National Security Archive:

The State Department today released a February 2006 internal memo from the Department's then-counselor opposing Justice Department authorization for "enhanced interrogation techniques" by the CIA. All copies of the memo (Document 1), which reflect strong internal disagreement within the George W. Bush administration over the constitutionality of such techniques, were thought to have been destroyed. But the State Department located a copy and declassified it in response to a Freedom of Information Act request by the National Security Archive.

The author of the memo, Philip D. Zelikow, counselor to then-Secretary of State Condoleezza Rice, described the context of the memo in congressional testimony on May 13, 2009, and in an article he had previously published on foreignpolicy.com site on April 21, 2009.

March 27, 2012 3:35 PM

From truthout.org:

For the past eight years, the CIA has used an exemption under the Freedom of Information Act (FOIA) that "protects intelligence sources and methods" to justify the withholding of certain records from requesters.

But a federal lawsuit filed against the agency charges that the CIA does not have the authority to deny records under what is known as a (b)(3) exemption unless the agency consulted with the Office of the Director of National Intelligence (ODNI) and received specific authorization in each instance it had denied records under that rule, which it apparently has not done.

February 23, 2012 9:59 AM

COLUMBIA, Mo. (February 22, 2012) – In a federal district court lawsuit supported by the National Freedom of Information Coalition (NFOIC) and the Knight FOI Fund, a Virginia watchdog organization is challenging a new CIA regulation that obstructs citizen challenges to government overclassification by imposing excessive charges in the review process.

National Security Counselors (NSC), an Arlington-based public interest group, has filed suit in federal district court challenging a new CIA regulation that could cost information seekers up to $72 an hour, even when a mandatory review fails to declassify or release any new information.

Under the new rule, the Mandatory Declassification Review (MDR) program, through which the public can request that CIA documents be declassified, would also require information-seekers to agree to a minimum $15 duplication fee. Concerns are that these exorbitant fees will stymie the efforts of the public to participate in the MDR program and seek the declassification of public information.

See the full release and the complaint here.

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