Redaction – FOIA Request

Redaction In excising material, please “black out” rather than “white out” or “cut out.”  Additionally, any reasonably segregable portion of a responsive record must be provided to me after redaction of any allegedly exempt material, as the law requires.  5 U.S.C. § 552(b).  If this request is denied, in full or in part, please cite the exemptions pursuant to 5 U.S.C. § 552(b) [Read More…]


Record Search – FOIA Request

Record Search When processing this request, please note that the D.C. Circuit has previously held that agencies have a duty to construe the subject material of FOIA requests liberally to ensure responsive records are not overlooked. See Nation Magazine, Washington Bureau v. U.S. Customs Service, 71 F.3d 885, 890 (D.C. Cir. 1995). In line with the guidance issued by the Department of Justice [Read More…]


Presidential Memorandum – FOIA Request

Presidential Memorandum For Heads of Executive Departments and Agencies “The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears.  Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed [Read More…]


Preservation of Records – FOIA Request

Preservation of Records Please ensure that, in accordance with the DC Circuit’s ruling in Chambers v. Dep’t of the Interior, 568 F.3d 998 (D.C. Cir. 2009), all records potentially responsive to this FOIA request are immediately preserved from destruction until the final resolution of this FOIA action. Destruction of potentially responsive records after the receipt of a FOIA request is considered “contumacious conduct” [Read More…]


No Fees If Time Limit Is Violated – FOIA Request

According to 5 U.S.C. 552(a)(4)(A)(viii), an agency shall not assess search fees if the agency fails to comply with time limits allowed under the Freedom of Information Act. (a)(4)(A)(viii) An agency shall not assess search fees (or in the case of a requester described under clause (ii)(II), duplication fees) under this subparagraph if the agency fails to comply with any time limit under [Read More…]


FOIA Public-Interest, Media Fee Waivers

DC Circ. Clarifies FOIA Public-Interest, Media Fee Waivers A three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit recently rejected a lower court ruling under the Freedom of Information Act that had imposed burdensome requirements on a fledgling nonprofit’s eligibility for public-interest or news-media fee waivers. The court of appeals’ decision in Cause of Action v. Federal Trade [Read More…]


Definition of Record – FOIA Request

Definition of Record The term “record” includes, but is not limited to: 1) all email communications to or from any individual within your agency; 2) memoranda; 3) inter-agency communications; 4) sound recordings; 5) tape recordings; 6) video or film recordings; 7) photographs; 8) notes; 9) notebooks; 10) indices; 11) jottings; 12) message slips; 13) letters or correspondence; 14) telexes; 15) telegrams; 16) facsimile [Read More…]


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