TRAC Reports

/2 The co-directors of TRAC have filed suit under the Freedom of Information Act (FOIA) against the Office of Information Policy (OIP) of the Department of Justice (DOJ) for withholding basic information regarding its receipt and processing of FOIA matters. #TRACvDOJ

/3 Given that many agency records are now stored in electronic databases, OIP’s claim that it is under no legal obligation to search its own database strikes at the very core of the Freedom of Information Act’s public access provisions. #TRACvDOJ

/4 OIP’s refusal is all the more more shocking since the mission of the DOJ’s Office of Information Policy is to “encourage and oversee agency compliance with the Freedom of Information Act (FOIA).” #TRACvDOJ

/5 Moreover, as the nature of TRAC’s FOIA request is focused on OIP’s handling of FOIA cases, OIP’s lack of compliance with FOIA raises further questions about the OIP’s commitment to its stated mission. #TRACvDOJ

/6 The suit arises as part of TRAC’s ongoing research project using a quarterly survey to assess the compliance of almost two dozen federal agencies under FOIA. #TRACvDOJ

/7 In November 2019, OIP responded to TRAC’s initial FOIA request claiming that they cannot search their records, then directed TRAC to submit a FOIA request to the EPA, which allegedly manages OIP’s database system, http://FOIAonline.gov . #TRACvDOJ

/8 TRAC then forwarded its request to EPA for OIP’s records. The EPA confirmed receipt but failed to respond further. #TRACvDOJ

/9 The requested information was straightforward. TRAC purposely did not ask for any information that might be cause for redaction, delay, or difficulty. The OIP has responded to identical FOIA requests from TRAC in the past. #TRACvDOJ

/10 TRAC previously filed a successful suit against the CIA for similarly refusing to search its FOIA database, which resulted in the CIA searching its database and turning over all requested non-exempt records. #TRACvDOJ See the lawsuit here -- https://trac.syr.edu/foia/cia/20151020/ …