why would a defense attorney file a freedom of information act

Do I need a lawyer for the freedom of Information Act?

Apr 19, 2018 · The Freedom of Information Act provides exceptions for certain records that prevent them from being accessed by the public. These exceptions include: Classified national defense and foreign relations information Internal agency rules and practices Information that is prohibited from disclosure by another law

What is the freedom of Information Act and how does it work?

Our FOIA attorneys understand the various exemptions and will explain the rules to our clients. As Federal FOIA attorneys, we understand the various FOIA exemptions and will explain the rules to our clients. Protect Your Rights: If you are contemplating filing a FOIA request under 5 USC 552, or seeking to protect your sensitive information, our Freedom of Information Act Lawyers can …

Who can file a freedom of Information request?

An experienced constitutional law attorney can help individuals seeking information under the FOIA. There may be occasions in which documents or other materials might be deemed exempt from the FOIA. Therefore, an experienced government lawyer may be able to argue your case in court to force the FCC to comply with disclosure requirements.

Should I hire a constitutional law attorney for a FOIA request?

The Freedom of Information Act. The Freedom of Information Act (FOIA) generally provides that any person has the right to request access to federal agency records or information except to the extent the records are protected from disclosure by any of nine exemptions contained in the law or by one of three special law enforcement record exclusions. ...

Why would someone make a FOIA request?

A FOIA request can be used to request federal agency records for which access is currently restricted due to the presence of security-classified or other sensitive information.Aug 25, 2021

What can FOIA be used for?

The Freedom of Information Act (FOIA) provides public access to all federal agency records except for those records (or portions of those records) that are protected from disclosure by any of nine exemptions or three exclusions (reasons for which an agency may withhold records from a requester).

Who does the Freedom of Information Act apply to?

The right to Freedom of Information is set out in the Freedom of Information Act (FOIA). The act gives everyone a legal right to see information held by public bodies, including The National Archives. You have the right to see: information in the archives that was transferred to us from other government departments.

What can you ask for in a FOIA request?

In your request you can ask to receive either an electronic copy or a physical copy of the records. If the records already exist in the form that you request them in, then the agency must generally provide the records in your preferred form.

What types of information can be accessed under the Freedom of Information Act?

The Act covers all recorded information held by a public authority. It is not limited to official documents and it covers, for example, drafts, emails, notes, recordings of telephone conversations and CCTV recordings.

What type of documents are not allowed in the Freedom of Information Act?

Information/data that is NOT covered by the Freedom of Information Act (FOIA) includes: Non-agency records and personal records. Public requests for access to physical artifacts or scientific samples (e.g. core samples, sediment, rocks, fossils, specimen samples, blood samples).

Who does the Freedom of Information Act not apply to?

The FOIA does not apply to the Congress, the courts, or the central offices of the White House, nor does it apply to records in the custody of state or local governments. However, all state governments have their own FOIA-type statutes.

Who has to respond to Freedom of Information requests?

You normally have 20 working days to respond to a request. For a request to be valid under the Freedom of Information Act it must be in writing, but requesters do not have to mention the Act or direct their request to a designated member of staff.

Is freedom of information a law?

generally provides that any person has the right to request access to federal agency records or information except to the extent the records are protected from disclosure by any of nine exemptions contained in the law or by one of three special law enforcement record exclusions.

What do you do if a Freedom of Information request is ignored?

Whenever you refuse a request you must always let people know about their right to complain to the ICO.

Can a FOIA request be denied?

Can the FCC deny my FOIA request? Yes. If the Bureau or Office that is the custodian of the records determines that there are no records responsive to your request, or that one or more of the FOIA exemptions described above applies to the documents you request, your request will be denied in writing.

How long does it take for a freedom of information request?

20 working daysSection 10 specifies that a public authority must comply promptly, and no later than 20 working days after the date of receipt of the request.

What is FOIA 5 USC 552?

What is the Freedom of Information Act (FOIA 5 USC 552)? The Federal Freedom of Information Act states in general terms that the federal government should share information with the public that is not prohibited by statute or regulation. There are certain exemptions that everyone should be aware of.

How to contact Watson & Associates for FOIA?

If you are a government contractor seeking to obtain your Federal Freedom of Information Act information and protection of privacy legal help under 5 USC 552, call Watson & Associates’ FOIA lawyers at 1-866-601-5518 for a FREE INITIAL CONSULTATION.

Does Freedom of Information fall under FOIA exemptions?

Does your Freedom of Information request fall under FOIA exemptions? The answer to this question can save companies a lot of time and expense. Watson’s Freedom of Information lawyers help clients to overcome the common mistakes when requesting information from the government. Our FOIA attorneys understand the various exemptions and will explain the rules to our clients.

How Do I File a FOIA Request?

Most government documents are available on the Federal Communications Commissions (FCC) website. However, documents may also be obtained by visiting FCC headquarters at 445 12th Street, S.W., Washington D.C. 20554.

What Types of Records Are Exempt?

Most federal government documents are available for viewing by the public. However, there are nine exceptions that are listed below:

Does the FCC Charge a Fee for Viewing Files?

Yes. The FCC does impose a charge based on the salary level of the employee finding and reproducing any relevant records. However, the FCC will notify any person that has a potential fee over $25. In addition, fee waivers are available upon request depending on the circumstances.

Should I Consult an Attorney?

An experienced constitutional law attorney can help individuals seeking information under the FOIA. There may be occasions in which documents or other materials might be deemed exempt from the FOIA. Therefore, an experienced government lawyer may be able to argue your case in court to force the FCC to comply with disclosure requirements.

What is the Freedom of Information Act?

The Freedom of Information Act (FOIA) generally provides that any person has the right to request access to federal agency records or information except to the extent the records are protected from disclosure by any of nine exemptions contained in the law or by one of three special law enforcement record exclusions.

What are the three exclusions of FOIA?

Congress provided special protection in the FOIA for three narrow categories of law enforcement and national security records. The provisions protecting those records are known as “exclusions”. The first exclusion protects the existence of an ongoing criminal law enforcement investigation when the subject of the investigation is unaware that it is pending and disclosure could reasonably be expected to interfere with enforcement proceedings. The second exclusion is limited to criminal law enforcement agencies and protects the existence of informant records when the informant’s status has not been officially confirmed. The third exclusion is limited to the FBI and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified. Records falling within exclusion are not subject to the requirements of the FOIA.

What are the nine exemption categories that authorize government agencies to withhold information?

The nine exemption categories that authorize government agencies to withhold information are: classified information for national defense or foreign policy. internal personnel rules and practices. information that is exempt under other laws. trade secrets and confidential business information.

Is a federal agency subject to FOIA?

Records falling within exclusion are not subject to the requirements of the FOIA. The FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies.

What is the Freedom of Information Act of Arkansas?

The Arkansas Freedom of Information Act (FOIA) is one of the most comprehensive and strongest open-records and open-meetings laws in the country. The Attorney General partners with the Arkansas Press Association and other entities to publish a “ Freedom of Information Act Handbook ” after every regular session of the General Assembly.

What is a FOIA in Arkansas?

FOIA at a Glance. The law gives Arkansans access to public records and public meetings, with some exceptions. A public record is defined as any writing, sound or video that reflects the performance or lack of performance of an official function.

What is the Alabama Freedom of Information Act?

Johnson on July 4, 1966, is a federal law that is intended to allow the citizens of the United States of America to access full or partial pieces of information or documents ...

What is FOIA request?

Generally speaking, FOIA requests are intended to provide information regarding the proceedings of legislative bodies, the results of those proceedings, and how state agencies interact with private agencies and other groups. FOIA requests are generally not for getting information about individuals, although the pay levels, official interactions, ...

What is the exception to FOIA in Alabama?

Alabama itself has put forth two specific further exemptions to FOIA. These are: Library circulations records. Records that have been expressly labeled as confidential by statute.

How many exemptions are there in FOIA?

Due to concerns that certain pieces of governmental information should be kept secret for reasons, among others, of national defense, there are nine exemptions listed in FOIA that are not accessible to citizens.

What is considered a breach of privacy?

Any pieces of information which could be considered a breach of personal privacy, such as personnel and medical files. Items of information which are compiled for law enforcement purposes, but generally this includes only pieces of information that would interfere with a trial.

Does a FOIA request require new records?

Note that FOIA requests are not for answering questions you may have about an agency, and FOIA does not require any agency to create entirely new records on behalf of a FOIA request - they must only provide pre -existing records.

Does Alabama have a FOIA?

Unfortunately, there is no single institution that handles all FOIA requests in the state of Alabama. Due to this, FOIA requests must be sent directly to the agency in possession of the information that you wish to acquire.

What is the role of FOIA?

IMPACT OF FOIA. Sources. The Freedom of Information Act, or FOIA, was signed into law by President Lyndon Johnson in 1966, giving the public the right to access records from any federal agency. FOIA plays an important role in keeping government transparent and accountable, and has been used to expose a wide range ...

Why is FOIA important?

FOIA plays an important role in keeping government transparent and accountable, and has been used to expose a wide range of government misconduct and waste, along with threats to the public’s health and safety. While FOIA is intended to increase transparency, it doesn’t provide access to all government documents.

What did Moss do after he became chairman of the subcommittee on government information?

After Moss became chairman of a congressional subcommittee on government information in 1955, he held hearings about government transparency and conducted investigations into cases of federal agencies withholding information. According to Moss, “The present trend toward government secrecy could end in a dictatorship.

When did the FOIA go into effect?

FOIA went into effect a year later, on July 4, 1967. Since that time, the FOIA has been strengthened by a series of amendments, starting in 1974 in the aftermath of the Watergate scandal involving President Richard M. Nixon. Recommended for you. 2016.

When did Johnson sign the FOIA?

FOIA went into effect a year later, on July 4, 1967.

Does FOIA apply to federal records?

FOIA applies only to federal executive branch agency records, rather than those held by Congress, the federal judicial system and government agencies at the state and local levels. Since its passage, the FOIA has been strengthened by a series of amendments.

Who was the first member of Congress to propose impeachment proceedings against Nixon?

Before retiring from Congress in 1978, John Moss was instrumental in the passage of legislation including the Consumer Product Safety Act of 1972 and the Federal Privacy Act of 1974, and was the first member of Congress to propose impeachment proceedings against Nixon.

How to request FOIA?

If the information you want is not publicly available, you can submit a FOIA request to the agency’s FOIA Office . The request simply must be in writing and reasonably describe the records you seek. Most federal agencies now accept FOIA requests electronically, including by web form, e-mail or fax. See the list of federal agencies ...

How do agencies process requests?

Agencies typically process requests in the order of receipt. The time it takes to respond to a request will vary depending on the complexity of the request and any backlog of requests already pending at the agency. A simple request can be processed faster by the agency than one that is complex.

Can a FOIA request be made for any agency?

A FOIA request can be made for any agency record. You can also specify the format in which you wish to receive the records (for example, printed or electronic form). The FOIA does not require agencies to create new records or to conduct research, analyze data, or answer questions when responding to requests.