Jason Leopold Profile picture
Investigative Reporter @business. 'FOIA terrorist.' Band Tshirt hoarder. Subscribe to my newsletter FOIA Files jasonleopold@protonmail.com Signal 213-270-4334.

Mar 15, 2022, 9 tweets

NEW: AG Garland issued a new memo on #FOIA guidelines for federal agencies. It's the first such memo to be issued since former AG Eric Holder's 2009 FOIA memo, which was supposed to usher in a new era of transparency and open govt but failed

One important point in this memo, which I have complained about loudly since the passage of the 2016 FOIA amendments, is that agencies fail to consider the foreseeable harm standard when withholding docs/info. Garland's memo aims to rectify that

Garland reminds agencies they cannot withhold docs "
based merely on speculative or abstract fears or fears of embarrassment."

Agencies still do this this often. Let's see what happens.

Garland reminds agencies they cannot withhold docs "
based merely on speculative or abstract fears or fears of embarrassment."

Agencies still do this this often. Let's see what happens.

Garland instructs agencies about proactive disclosures. After the 2016 FOIA amendments were passed there was some progress but it was short lived. Many govt agencies, such as NSA, CIA, DNI, DHS and DOD, fail to update their websites and post documents.

Garland cites the massive FOIA backlog, which has delayed the release of docs for years. He says agencies should continue to reduce the backlog but doesn't really say how. DOJ, for example, does not appear to have earmarked any funds for additional staff to reduce its own backlog

The key word here is "encourages." It should be DIRECTED (Iif you know, you know)

Again, very weak language (in my opinion) on how to tackle the FOIA backlogs

With all that said, it's still great to have a new FOIA memo to point to when I sue the government.

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