When it Comes to FOIA, Think Outside The Box
Here is a case worth reading: Competitive Enterprise Institute, et al. v. National Security Agency, Civil Action No. 14-975, In the United States District Court for the District of Columbia.
The Competitive Enterprise Institute and two other plaintiffs filed Freedom of Information Act requests with the USEPA seeking information about USEPA phone calls, e-mails, and text messages. CEI believed that certain USEPA officials hid their work by using unofficial means of communications. In response to the FOIA request, the USEPA produced volumes of records, but did not provide text messages of the certain officials. When apparently denied this information, CEI attempted “a novel and inventive gambit” by demanding them from the National Security Agency under the theory that the NSA has everyone’s phone, email, and text-message records.
Unfortunately for CEI, U.S. District Judge James Boasberg dismissed the lawsuit and said that the NSA did not have to provide the records because there is no information in the public domain showing it had the information, and further disclosure could, essentially, compromise national security efforts.
Certainly an unconventional response to the denial of records under the FOIA.
More later.
As always, please feel free to contact me at walter.james@jamespllc.com.
WDJiii