Justice Department cites threat of violence in U.S. in keeping bin Laden photos secret

The Justice Department wants a federal judge to allow them to withhold photos of the death of Osama bin Laden on the grounds that releasing the photos could incite violence against the U.S. The DOJ disputed the arguments of Judicial Watch that making the photos public would cause harm to national security by revealing intelligence [...]

Government indicts former CIA officer for leaks of classfied information to journalists

The Justice Department  is charging a former intelligence officer with leaking classified information to a journalist. The leaks included the names of covert officers and their work in apprehending terrorist suspects. The officer is charged with divulging to a New York Times reporter the contact information and details of activities of a covert CIA operative. [...]

Muhammad Ali a central figure in unfolding of First Amendment rights

Muhammad Ali, the former world heavyweight boxing champion, “embodies the essence of the First Amendment,” writes David L. Hudson Jr., of the First Amendment Center. Hudson shows how Ali was at the “vortex of…First Amendment freedoms,” freedom of religion, speech, press, assembly and petition.  -db From a commentary for the First Amendment Center, January 21, [...]

Freedom of information: Muslim group blocked from seeing FBI investigative guidelines

A federal district judge ruled that the Justice Department does not have to provide a Muslim civil rights group with FBI investigative guidelines. The judge held that revealing the guidelines would compromise the FBI’s ability to conduct investigations and prosecutions. -db From  The Reporters Committee for Freedom of the Press, November 15, 2011, by J.C. [...]

Justice Department refuses request for legal opinion concerning FBI surveillance

The Justice Department has refused a request by the Electronic Frontier Foundation for an important legal opinon on the use of “exigent letters,” a method of requesting information that includes telephone company records. In refusing to disclose the legal opinion, the DOJ cited national security concerns. -db From Politico, November 11, 2011, by Josh Gerstein. [...]

Justice Department gains right to WikiLeaks associates’ Twitter info

A federal judge upheld a lower court decision that the Justice Department may obtain records of twitter accounts of three current and former WikiLeaks associates. Under the ruling by the lower court, the order includes records showing the times messages were sent to one another and the Internet IP addresses but does not include the [...]

Justice Department withdraws rule change on FOIA requests

Reacting to pressure from legislators and open government advocates, the Department of Justice withdrew a proposal to allow government agencies to respond to Freedom of Information Act requests with false denials. The proposal would have allowed them to deny that records exist when they actually did. -db From a press release from the American Civil [...]

Digital freedom watchdog sues Justice Department over Patriot Act

The Electronic Freedom Foundation sued the Department of Justice for its failure to release documents detailing its interpretation and use of Section 215 of the U.S.A. Patriot Act. The section allows the FBI to obtain a court order for “any tangible thing” related to a terrorism investigation. The EFF claims the government has been misusing [...]

Justice Department proposes change to Freedom of Information Act that facilitates hiding records

The Justice Department has proposed a rule change for the FOIA to allow government agencies to deny that records do not exist when they do. As it stands now the government can withhold information and issue a Glomar denial that says they neither confirm nor deny the records exist. Open government advocates say that the [...]

Federal appeals decision busts privacy exemption for Freedom of Information Act requests

The Internet era has eroded a Supreme Court decision (Department of Justice v. Reporters’ Committee) allowing governments to deny rap sheets requested under the Freedom of Information Act. Now it is possible to tap into a national database provided by the federal courts to obtain the information. In an opinion a federal judge has even [...]

Domestic spying pervasive since 9/11

President Barack Obama has done nothing to fulfill his promise to curtail warrantless spying and in fact wants Congress to renew powers given to the federal government to conduct the surveillance. Writing a commentary for Wired, Ryan Singel quotes Julian Sanchez of the Cato Institute on the effectiveness of the spying, “We have become so [...]

Federal appeals court rules government must turn over records on warrantless tracking of cell phones

The Electronic Freedom Foundation and the American Civil Liberties Union won a victory in court as the D.C. Circuit Court of Appeals ruled that the federal government must produce documents concerning criminal prosecutions in which the government obtained cell phone site locations without a warrant. The court found that the release of the documents would [...]

Justice Department ordered to release case information related to alleged illegal search

A federal appeals court ruled that the U.S. Department of Justice must release case docket information in criminal cases where the government used cellphone location tracking data without a warrant.The American Civil Liberties Union used the Freedom of Information Act starting in 2007 in a bid for the information. The ACLU was concerned that the [...]

Illinois: Feds back university in records dispute

The Justice Department and higher education organizations filed briefs in federal court backing the University of Illinois in its refusal to release student records. The Chicago Tribune is seeking the records of students as part of a series of stories about alleged favoritism shown to some applicants to the university. The Justice Department noted that [...]

Justice Department provides guidance on FOIA exemption

After a key ruling by the U.S. Supreme Court narrowing  exemption 2 of the Freedom of Information Act, the Justice Department issued new guidelines on records relating to internal personnel rules and practices of federal agencies. The guidelines recognized public interest in many issues heretofore regarded as internal personnel matters and kept under wraps. The [...]

Former federal prosecutor loses case over reporter’s sources

A federal judge ruled against a former federal prosecutor claiming a confidential source from the Department of Justice violated his privacy rights by talking with a reporter. In his decision the judge said that the former prosecutor could not prevail in his case against the Department of Justice (DOJ) because he needed to show that [...]

Foundation uses Freedom of Information Act in seeking records on Patriot Act effectiveness

The Electronic Frontier Foundation has filed suit to obtain records on the effectiveness of provisions of the Patriot Act giving the FBI powers to seize electronic records and property and to wiretap phone conversations. The provisions are up for Congressional review early next year. -db Electronic Frontier Foundation May 11, 2010 WASHINGTON, D.C. – The [...]

Senate rejects proposal for commission of inquiry on torture

Senator Patrick Leahy was unable to obtain the bipartisan consensus he said was essential to conduct a senate investigation of Bush administration conduct on terrorism including detention, rendition and interrogation. -DB Secrecy News Federation of American Scientists Commentary January 26, 2010 By Steven Aftergood Last year the Senate Judiciary Committee considered a proposal by Senator [...]

Rights organization sues to obtain ethics report on Bush lawyers who wrote ‘torture memo’

The American Civil Liberties Union has filed suit to force the Department of Justice to release to the public a report that explores possible ethics violations by the lawyers who wrote the Bush administration’s “torture memos.” -DB American Civil Liberties Union Press Release January 22, 2010 NEW YORK – The American Civil Liberties Union filed a [...]

Federal court upholds secrecy on surveillance records

A federal appeals court ruled that the government could refuse to confirm or deny the existence of electronic surveillance records as an exception under the Freedom of Information Act. Former Guantanamo Bay detainees had requested records of the warrantless surveillance. -DB JURIST January 01, 2010 By Christian Ehret The US Court of Appeals for the [...]

Securities Exchange Commission baselessly refusing to release documents

When a requester asked for copies from the SEC of internal news clips, the SEC cited the Copyright act as the statute allowing them to refuse the request, when, case law says the Copyright act may not be used to block access. -DB The FOIA Blog Commentary September 25, 2009 By Scott A. Hodes I [...]