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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April 25, 2013 8:48 AM

From SOA Watch:

United States District Judge Phyllis J. Hamilton from the Northern District of California ordered the Pentagon to release the names of who trains and teaches at the Western Hemisphere Institute for Security Cooperation (SOA/WHINSEC), a U.S. military training school for Latin American soldiers that has been connected to torturers, death squads and military dictators throughout the Americas. Human rights activists had taken the U.S. government to court over its refusal to release the information, and won. You can read a PDF of the court ruling at http://soaw.org/judgment.pdf
 
SOA Watch compiled the names, course, rank, country of origin, and dates attended for every soldier and instructor at the SOA/ WHINSEC from 1946 to 2003. After researchers exposed many cases of known human rights abusers attending the WHINSEC (despite claims that the "new" school was committed to human rights), and shared this research with Congressional decision-makers, the Department of Defense (DOD) refused to disclose any future information about students or teachers at the WHINSEC. The human rights community and the U.S. Congress did not agree with the decision. In 2008 and 2009, the House of Representatives passed an amendment to the Defense Authorization bill demanding that the DOD release this information. 

 

April 9, 2013 3:37 PM

From PCWorld:

A privacy watchdog has filed a lawsuit contending the Federal Bureau of Investigation has failed to provide requested technical information about a biometric identification database expected to be the largest in the world.

The Electronic Privacy Information Center (EPIC), a nonprofit organization based in Washington, alleges the FBI failed to disclose documents after it filed two Freedom of Information Act (FOIA) requests in September 2012.

EPIC sought information on the FBI’s “Next Generation Identification” program, which will amass biometric information on mostly U.S. citizens from local, state and federal law enforcement agencies, including palm prints and iris scans. New York City’s police department began collecting iris scans in 2010 of people who were arrested.

 

February 8, 2013 7:32 AM

From Washington Post:

WASHINGTON — A Tennessee newspaper and the federal government said they have agreed in principle to settle the paper’s lawsuit seeking documents about civil rights-era photographer Ernest Withers’ work as an informant for the FBI.

In a court filing late Wednesday night, The Commercial Appeal of Memphis and the FBI said they were in the process of finalizing and executing a settlement agreement. To allow time to do so, they asked the court to suspend deadlines in the case until March 8. No details of the settlement were included in the filing.

[...]

In 2010, The Commercial Appeal’s publisher, Memphis Publishing Co., and one of its reporters, Marc Perrusquia, filed a Freedom of Information Act lawsuit against the FBI. Last year, under a court order, the FBI released 348 pages that were heavily redacted in places. In a court filing, the paper called the release insufficient.

 

November 14, 2012 9:37 AM

From The Blog of Legal Times:

A death row inmate is suing the U.S. Justice Department with the hope of acquiring documents that he claims will help prove his innocence in a shooting that left a police officer and two others dead in 1995 in New Orleans.
 
Lawyers for the inmate, Rogers Lacaze, contend in the lawsuit the federal government has background information about the actual accomplice in the shooting. The Justice Department, according to the suit in Washington federal district court, will neither confirm nor deny the existence of any FBI records.
 
A team from the law firm Miller & Chevalier, on behalf of the lawyer who represents Lacaze, filed suit under the Freedom of Information Act on November 8. The complaint alleges the public value of the documents—which Lacaze's attorneys said could help exonerate him—outweigh any privacy interest in the information.

October 23, 2012 12:31 PM

From Transactional Records Access Clearinghouse (TRAC):

Syracuse, NY, October 23 — The Transactional Records Access Clearinghouse (TRAC) has filed a suit under the Freedom of Information Act (FOIA) challenging a ruling by Immigration and Customs Enforcement (ICE) that its master repository of investigations and operations information is off-limits to the public.

 
TRAC's request specifically included complete records about "the dates and results" of every internal inspection made about the workings of the hundreds of detention facilities that the government maintains all over the country. The thousands of individuals held in these facilities — some for many months — have not been charged with a crime but are held as a result of alleged administrative violations of the immigration law.
 
TRAC is represented in this action — filed in Washington on Monday — by the Public Citizen Litigation Group.
 
The material sought by TRAC — in a proceeding that began at the administrative level in January 2010 — is stored in the Enforcement Integrated Database (EID), a system that is owned and operated by ICE. The EID records and maintains information related to the investigations and operations of ICE as well as Customs and Border Protection (CBP) and that agency's Office of Field Operations.
 
TRAC, a part of Syracuse University, has been using the FOIA for more than two decades in a largely successful effort to obtain comprehensive data about how the government enforces the law, collects taxes and litigates cases — including specific information about the sentences imposed by individual federal judges (see http://trac.syr.edu).
 
October 23, 2012 12:22 PM

From Seattle Times:

The state Attorney General's Office and the Department of Corrections have each paid an open-government coalition $32,500 to settle an unusual public-records lawsuit, the coalition announced Monday.
 
In the 2010 lawsuit, the Washington Coalition for Open Government argued the state agencies violated the Public Records Act in an attempt to cover up evidence that they had assisted a group of corrections officers who sued to stop the Department of Corrections from disclosing public records about them to an inmate.
 
In other words, the coalition claimed the state was secretly helping a group of state employees sue the state.
 
The settlement was not an admission of guilt, officials said.

Washington Coalition for Open Government is a member of NFOIC. -- eds.

October 19, 2012 7:58 AM

From Truthout:

On October 6, Truthout filed a Freedom of Information Act (FOIA) lawsuit against the Department of Justice (DOJ) over the FBI's failure to release documents we have sought pertaining to Occupy Wall Street (OWS).
 
The complaint was filed in US District Court for the District of Columbia. In addition to Truthout, Washington, DC-based attorney Jeffrey Light is also named as a plaintiff.
 
The FBI has received numerous FOIA requests for Occupy Wall Street-related documents since the inception of the movement in September 2011. Thus far, it appears the bureau has only released about a dozen pages of documents, and those were sent to the American Civil Liberties Union (ACLU) of Northern California in response to the organization's own lawsuit against the FBI.

October 15, 2012 10:49 AM

From Student Press Law Center:

UTAH — Records documenting an inappropriate relationship between a student and a former high school football coach aren’t protected by FERPA, a Utah committee on public records has ruled.
 
The State Records Committee decided 3-2 Thursday to release some witness testimony and text messages between the victim and former Cottonwood High School coach Josh Lyman.
 
The Salt Lake Tribune's Sports Reporter Bill Oram asked for name-redacted records documenting the school’s investigation in May. The Granite School District denied the request ... 

October 5, 2012 10:06 AM

From CREW:

On Wednesday, CREW filed suit in the District Court for the District of Columbia against the Department of Defense ("DOD"). CREW’s lawsuit, brought under the FOIA, was based on DOD's refusal to release any documents in its database of ethics opinions concerning post-employment ethics letters written by DOD ethics officers for senior DOD acquisition officials.
 
The letters are required by law; pursuant to Section 847 of the National Defense Authorization Act for Fiscal Year 2008, certain high level DOD acquisition officials accepting post-employment compensation from DOD contractors must first seek an opinion from their ethics official. DOD is further required to maintain these ethics letters in a centralized database. As of the summer of 2010, DOD had not completed the creation of the database according to DOD’s own inspector general.

August 31, 2012 10:30 AM

From RT.com:

The US Justice Department is being sued after failing to adhere to Freedom of Information Act requests for documents on a federal surveillance program that has targeted the email and phone conversations of Americans throughout the last five years.
 
The Electronic Frontier Foundation, a San Francisco-based advocacy groups that fights to protect civil liberties in the digital age, filed a lawsuit on Thursday this week that names the Department of Justice as the sole defendant.
 
The EFF charges that the DoJ violated the Freedom of Information Act, or FOIA, by failing to expedite previous requests filed with the government for documents relating to a 2008 amendment included in the Foreign Intelligence Surveillance Act. Under that year’s update to FISA, feds were awarded legal wiggle room to collect and comb through any communication originating in the United States that is sent abroad through email or phone, all under the guise of national security. The EFF and others attest that the government has extensively violated the US Constitution by doing as such, though, and is now suing the DoJ not for ongoing abuse of the Fourth Amendment’s protection against unreasonable search and seizure, but for the department’s failure to quickly honor the FOIA request and for wrongful withholding of agency records.

 

August 8, 2012 2:21 PM

From Des Moines Register:

The state of Iowa will pay $30,500 in legal fees accumulated by a newspaper in a lawsuit over access to records from the University of Iowa.
 
In a case that went all the way to the state Supreme Court, the university won the right to withhold certain records requested by the Iowa City Press-Citizen in 2007. But the courts ruled that other documents sought in the suit were public records and ordered their release.
 
Because the case resulted in some records being released, the university did not challenge the district court’s order that the state pay the newspaper’s attorney fees.

August 2, 2012 12:57 PM

From Blytheville Courier News:

Second Judicial Circuit Court Judge Pam Honeycutt awarded former Blytheville City Councilwoman Carol White a total of $186.37 in her Freedom of Information Act case against the city of Blytheville Monday afternoon in Mississippi County Circuit Court.

Honeycutt gave the city 60 days to pay the amount, which includes a $165 filing fee and $21.37 in mailing costs.

White, representing herself, was denied attorneys fees because she incurred no attorney expenses; she tried to recoup her time for working on the case.

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