[Infowarrior] - New DOJ Guidelines on FOIA Released

[Richard Forno]

(c.o M.S.)

http://www.gwu.edu/~nsarchiv/news/20090319/index.htm

New Attorney General Guidelines on FOIA Released

Holder Memo Encourages Discretionary Releases, Accountability of FOIA
Programs; DOJ Will Only Defend if Harm from Release is Reasonably
Foreseeable

For More Information Contact:

Meredith Fuchs, General Counsel, National Security Archive (202)  
994-7000
Thomas Blanton, Director, National Security Archive (202) 994-7000

Washington, D.C., March 19, 2009 - Attorney General Eric Holder today
released new guidelines for federal agencies on the Freedom of
Information Act (FOIA) that reinforce the presumption of disclosure
articulated by President Obama in his day one Memorandum on FOIA,
issued January 21, 2009.
http://www.gwu.edu/~nsarchiv/news/20090319/foia-memo-march2009.pdf
http://www.gwu.edu/~nsarchiv/news/20090121/2009_FOIA_memo.pdf

Attorney General Holder's memorandum provides practical guidance for
implementing the presumption of disclosure, including by encouraging
discretionary releases of records and releasing portions of records
even when other portions are being withheld. It states that the
Department of Justice will only defend withholdings in court when
there is a reasonably foreseeable risk of harm to an interest
protected by one of the FOIA exemptions or the law requires the
information to be withheld. It states that this policy will be
applied to pending litigation "if practicable" and "where there is a
substantial likelihood that application of the guidance would result
in a material disclosure of additional information."

"We are delighted," remarked the Archive's General Counsel, Meredith
Fuchs. "The new Attorney General guidelines read as if there is a new
show in town and for the first time in eight years everyone is
welcome to come see it."

With regard to the Department's role defending government agencies in
FOIA cases, Ms. Fuchs commented, "Not only do we think this should
have an impact on several pending cases, including our own case
seeking Justice Department memoranda authorizing warrantless
surveillance of Americans, we also hope that is not the end of the
progress. We hope the Department of Justice will counsel its federal
agency clients in a manner that reduces litigation and resolves
disputes, including through mediation by the Office of Government
Information Services that is being established at the National
Archives."

In addition to the presumption of disclosure, the memorandum
recognizes that the responsibility for FOIA administration runs
throughout each agency and instructs that the memorandum be shared
with all FOIA personnel. It encourages the use of technology,
proactive posting of records of interest to the public without the
requirement of a FOIA request, and tracking of FOIA requests.

"We are very pleased to see Attorney General Holder encouraging
agencies to use common sense and good management to do their work in
a manner that advances government transparency and efficiency, rather
than clinging to old practices that used up resources without
advancing the democratic principles underlying FOIA," said Ms. Fuchs.
"We hope the Attorney General's strong direction will correct the
course of the federal government which has, for eight years, followed
the path of secrecy."