AG Eric Holder releases new guidelines on FOIA requests

Attorney General Eric Holder releases new FOIA guidelines.

“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.”

Link Here.

Obama encouraging the FOIA process

President elect Obama is encouraging open government by encouraging FOIA (freedom of information act) requests.     It will be interesting to see how many and what kind of FOIA’s are requested early in his administration.

An excerpt from his memo today:     And link to the full memo here.

“A democracy requires accountability, and accountability requires transparency. As Justice Louis Brandeis wrote, “sunlight is said
to be the best of disinfectants.” In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through
transparency, is the most prominent expression of a profound national commitment to ensuring an open Government. At the
heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike.”

State Department web site is already preparing for requests.   Link here.