Government records

Centro de Periodismo Investigativo v. Financial Oversight and Management Board for Puerto Rico

October 16, 2017

RCFP filed an amicus brief in the District of Puerto Rico in support of Centro de Periodismo Investigativo (CPI), an investigative journalism organization. CPI brought suit seeking records and information from the government oversight board created by Congress to manage the territory's finances after Puerto Rico's financial crisis last year. The board moved to dismiss, arguing that the federal statute creating the board supersedes Puerto Rico's public records laws. RCFP's amicus brief argues that the statute does not deprive Puerto Ricans of their rights of access and that the board's motion to dismiss should be denied.

Federal agencies announce limited trial of "release for one, release to all" FOIA policy

Adam Marshall | Freedom of Information | News | July 9, 2015
News
July 9, 2015

With little public fanfare, seven federal agencies have announced a controversial trial program of publishing documents responsive to most Freedom of Information Act requests online.

Under the program, known as a “Release-to-One is Release-to-All” policy, any member of the public will presumably have access to the result of almost any FOIA request.

Few other details were released in a brief announcement posted on several agency websites. It remains to be seen whether there will be a delay between sending responsive documents to the requester and posting them for the general public, or whether requesters will simply be sent a link to a public website that already hosts the documents.

FOIA trial offers rare look into how FBI searches records, responds to requests

Jacob Donnelly | Freedom of Information | News | June 18, 2015
News
June 18, 2015

Evidence from an ongoing Freedom of Information Act trial has shed light on how the Federal Bureau of Investigation handles FOIA requests from the public.

The case, Trentadue v. FBI, was filed by Jesse Trentadue in the U.S. District Court for the District of Utah after the FBI failed to turn over videotapes of the Murrah Federal Building bombing in Oklahoma City in 1995.

In the Reporters Committee's experience, it is rare for FOIA cases to go to trial - cases are usually settled or disposed of though pre-trial motions.

Arkansas housing director criminally convicted for violating public records law

Kelly Swanson | Freedom of Information | News | June 11, 2015
News
June 11, 2015

Little Rock Metropolitan Housing Alliance Executive Director Rodney Forte was charged last November with violating Arkansas’ Freedom of Information Act (FOIA). Last Thursday, Forte was found guilty and convicted of a Class C misdemeanor.

Judge Alice F. Lightle described Forte’s actions as a “negligent violation of the FOIA” and sentenced him to pay a $100 fine and an additional $140 in court costs.

D.C. mayor upholds denial of second request for police body camera videos

Adam Marshall | Freedom of Information | Commentary | April 28, 2015
Commentary
April 28, 2015

Washington D.C.’s Mayor Bowser has largely upheld the refusal of the D.C. Metropolitan Police Department (MPD) to produce body camera videos in response to a D.C. Freedom of Information Act request submitted by the Reporters Committee.

In its D.C. FOIA request, the Reporters Committee asked the police department for specific categories of body camera videos, including videos that have been used for training purposes, flagged for supervisory review, submitted to the D.C. Office of Police Complaints, or used in connection with criminal and civil proceedings.

Reporters Committee seeks review of denied FOIA request for D.C. police body camera video

Adam Marshall | Freedom of Information | Commentary | April 6, 2015
Commentary
April 6, 2015

The Reporters Committee for Freedom of the Press has submitted an administrative appeal to D.C. Mayor Muriel Bowser urging her to overturn the Metropolitan Police Department’s decision to withhold footage from police body-worn cameras requested by the Reporters Committee under the D.C. Freedom of Information Act.

In discussing the department’s body camera program last week during her State of the District address, Mayor Bowser said that “accountability is embedded, and will be embedded in everything this administration does.” Mayor Bowser also stated that the use of body cameras will be expanded to cover all patrol officers over the coming months.

Reporters Committee attorneys represent Alan Morrison in suit seeking justification for CIA rendition program

Freedom of Information | Commentary | March 24, 2015
Commentary
March 24, 2015

Adam Marshall and Hannah Bloch-Wehba

Alan Morrison, a dean and constitutional law professor at the George Washington University Law School, has filed a Freedom of Information Act lawsuit against the Central Intelligence Agency for access to records detailing the legal justification for rendition and extraordinary rendition programs conducted by the United States. Attorneys at The Reporters Committee for Freedom of the Press are representing Morrison pro bono.

For many years, the United States has sought to bring criminal suspects to the United States for prosecution without using extradition procedures, a practice referred to as rendition. After September 11, 2001, the CIA began a program of so-called “extraordinary rendition.” Under that program, detainees would be transferred into the custody of third-party nations, or to secretly-operated prisons known as “black sites,” for detention and interrogation.

Reporters Committee urges Virginia legislature to reject execution secrecy bill

Adam Marshall | Freedom of Information | Commentary | February 12, 2015
Commentary
February 12, 2015

The Reporters Committee for Freedom of the Press has sent a letter to the Virginia House of Delegates urging them to reject Senate Bill 1393, which would exempt crucial information on the drugs used in executions, as well as the pharmacies that produce them and any investigations into those pharmacies, from the Virginia Freedom of Information Act (Virginia FOIA). The bill passed the Virginia Senate Tuesday by a vote of 23 to 14.

FOIA reform bill dies after House fails to schedule vote

Adam Marshall | Freedom of Information | Commentary | December 12, 2014
Commentary
December 12, 2014

A bipartisan FOIA reform bill failed to be put to a vote in the House on Thursday after it was unanimously approved by the Senate. The inaction spelled death for the FOIA Improvement Act of 2014, as House members are scheduled to leave town today and have not scheduled a vote on the measure.

One of the more frustrating aspects of the incident is that the House unanimously passed an even broader FOIA reform bill in February, leaving open government advocates wondering about the reasons for the House’s inaction.

Sen. Patrick Leahy, D-Vt., who co-sponsored the Senate bill along with John Cornyn, R-Texas, blamed House Speaker John Boehner, tweeting on Thursday night, “And Boehner kills #FOIA improvements.”

FOIA Improvement Act unanimously passes Senate, heads to House

Adam Marshall | Freedom of Information | Commentary | December 9, 2014
Commentary
December 9, 2014

After a last minute hold was released, the Senate unanimously passed the FOIA Improvement Act of 2014 yesterday. The Act, which strengthen the federal Freedom of Information Act (FOIA), will now head to the House for its approval.

Sen. Jay Rockefeller (D-W.V.) lifted his hold on the bill late in the day on Monday, allowing the bill to proceed. When asked about the reasons for his delay, the Senator rather mysteriously said, “it’s sort of the internal workings of the Senate.” Lifting the hold allowed Sen. Leahy to go to the floor and secure the unanimous consent of the Senate.