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a-marshall-plan.bsky.social
I like FOIA and octopuses 🐙 • senior staff attorney at RCFP litigating government transparency cases • creator of https://foia.wiki • maintain SunshineSky feed • he/him/his • alum GW Law, LSE, Kalamazoo College • www.rcfp.org/author/adam-marshall/
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Bad #FOIA & transparency news...

MORE #FOIA news

Musk called DOGE “maximally transparent,” but it has refused to release info about its spending and operations — including the names of its employees. ProPublica has identified 46 of them, including 12 new names we've just added.

Shhhhhhh! #FOIA

DOGE’s accounting of its “savings” is riddled with sloppy mistakes. The five largest cuts that it listed on its website earlier this week were all incorrect — making the savings look far larger than they were in reality.

BREAKING: @pogo.org sued Trump and DOGE in federal court in D.C. today over the administration's efforts to treat DOGE records as presidential records not subject to FOIA for now. Complaint: storage.courtlistener.com/recap/gov.us...

Here's the lawsuit filed by the AP against Trump admin officials alleging ban from spaces like the Oval Office and Air Force One b/c of how the outlet is handling the admin's use of "Gulf of America" instead of "Gulf of Mexico" is unconstitutional: assets.bwbx.io/documents/us...

BREAKING: The Associated Press sues three Trump administration officials over access to presidential events, citing the First Amendment.

What happens to your #FOIA lawsuit when the defendant agency is gutted? @jasonleopold.bsky.social has some early reporting from a case against USAID

New: DOGE's spending has been secret. No longer. My colleagues have uncovered it. www.propublica.org/article/doge...

No more Glomar for you! #FOIA

"In addition to the privacy team, members of OPM’s communications staff and employees who handle FOIA requests were also fired, two sources familiar with the matter told CNN." #FOIA

The lack of transparency surrounding DOGE’s efforts is off the charts. The DOGE team members appeared at the agency’s Washington headquarters, and carried out work in a basement conference room where they covered its windows in paper, according to a photograph of their workspace seen by FOIA Files

A FOIA Files SCOOP: Elon Musk’s DOGE Targets #FOIA Requests at Agency Under its Purview DOGE also wants to be notified when there’s any attempt at oversight from Congress, inspectors general, even the Government Accountability Office. www.bloomberg.com/news/newslet...

The University of Tennessee settled a public records lawsuit that RCFP attorneys brought on behalf of WBIR's John Becker — agreeing to turn over information about a federal energy lab tied to the university and pay the journalist’s attorneys’ fees.

DDC orders restoration of public health information taken off federal agency websites #FOIA arstechnica.com/health/2025/...

Several groups of documents were removed yesterday from the DHS FOIA Library, including records related to January 6, Critical Race Theory, and Countering Violent Extremism. Material is still available by searching the DHS Archive www.dhs.gov/archive/cont... and/or via the Internet Archive.

FBI finds 2,400 new JFK assassination records that were not sent to the review board or NARA (as required) www.axios.com/2025/02/10/t...

The #FOIA buzz this morning: Will they/won't they cancel the FOIA Advisory Committee meeting scheduled for March 6? Registration still live, but some members are expecting it to be cancelled. Per usual these days, no clear communication on what's going on. www.archives.gov/ogis/foia-ad...

NEW: We’re suing DOGE under the Freedom of Information Act. Elon Musk and the DOGE team’s attempts to operate in secrecy must be checked. americanoversight.org/new-lawsuit-...

#FOIA

On my way to FOIA the info you wouldn't give me

Apropos of nothing in particular, the test for whether an entity within the Executive Office of the President is subject to #FOIA is a functional inquiry. FOIA definitionally applies to the EOP (see 5 USC § 552(f)(1)). However, under Kissinger v. RCFP, SCOTUS says FOIA doesn't apply to (1/3)

#NICAR25 is gonna have some weird carveouts at sessions relying on government data. We should keep photos of all the slides that say "This data is no longer available but here's where find alternatives."

USAID website is *really* gone

@benchapmanncsu.bsky.social @bugcounter.bsky.social risky or not: dipping vegetables in ranch deliberately placed on a dirty dish in the dishwasher (see www.instagram.com/reel/DFdEH88...)

More than 1,000 pages that had been visible Friday were missing from websites for the CDC, National Institutes of Health and Department of Health and Human Services, a Wall Street Journal analysis showed. www.wsj.com/health/healt...

It appears many (all?) CDC pages concerning HIV testing have been removed, including all of these pages:

CDC scrubbing federal data: "Data from an expansive federal survey on youth behavioral habits, including their sexual orientation and gender identity, have been removed from the website of the Centers for Disease Control and Prevention, which maintains the data." www.statnews.com/2025/01/31/c...

brb, putting in a #FOIA for... *checks notes*..... all census data?

NEW FOIA Files newsletter is out! There's been a ton of news the past week so I'm offering up a palette cleanser. I finally got my hands on the once-secret internal reports from the Treasury Dept’s IG about its investigation into the SolarWinds hack in 2020 www.bloomberg.com/news/newslet...

Thousands of datasets have disappeared from data.gov. Determining what's gone, why it's gone, and whether it moved elsewhere will to take time. Things are definitely being purged but archivists working hard to determine exactly what has happened to a given dataset www.404media.co/archivists-w...

Update: My public records request for emails between the NYC Mayor's office and the office of the NYPD commissioner and Chief of Department for the days of protest after George Floyd's murder (Filed on June 10, 2020) now has an expected response date of... April 29, 2025. Absolutely absurd.

Two years after @propublica.org sued over the Navy’s failure to follow federal law and the First Amendment, the U.S. Navy has begun posting notices of preliminary (Article 32) hearings in its criminal courts. DOD has ordered all branches to follow suit & make some records available.

Breaking #FOIA news: DC circuit vacates "clawback" order in HRDC v. USPP (more to come). For background, see @reporterscommittee.bsky.social's amicus brief: www.rcfp.org/briefs-comme...

With the NYT, I have filed a FOIA lawsuit seeking disclosure of the volume of Jack Smith's report about Trump's classified documents case. static01.nyt.com/newsgraphics...

DHS has terminated the memberships of everyone on its advisory committees. This includes several cyber committees, like CISA's advisory panel and the Cyber Safety Review Board, which was investigating Salt Typhoon. That review is "dead," person familiar says. www.documentcloud.org/documents/25...

Pro tip: Don't give away your professional credibility to curry favor with a new administration by saying foolish things like "DOGE doesn't really exist." www.washingtonpost.com/business/202...

People who haven’t done a lot of FOIA tend to think of it as some sort of magic spell. It’s more like ordering delivery if everyone involved actively resented you.

Well, I finally got a response to a FOIA request I filed on June 11, 2015. 32 highly redacted pages. It took them 9.5 years to find and review 32 pages. FOIA is broken.

NEW Revealing Records column: A document released under FOIA catalogs 100 instances of classified information "in the wild." Most were harmless. Classifiers joke "you could easily classify the ham sandwich.” Free link: wapo.st/3BUCFvS

NEW FOIA Files EXCLUSIVE: I obtained more 800 pages of Kash Patel's emails (and thousands more are coming) during his stint at ODNI, which offer some insight into how he might lead FBI & raise questions as to whether he’ll use his position to settle political scores www.bloomberg.com/news/newslet...