In a letter (Appendix 1-6, 7-12, 13-18)sent today to the FOIA Ombudsman, EPIC recommended an investigation of the Department of Homeland Security’s policy of referring FOIA requests to political appointees in the White House. Under the DHS policy, political appointees receive detailed information about the identity of FOIA requesters and the topics of their requests. This policy is contrary to federal law and Supreme Court holdings, as the FOIA does not permit agencies to select FOIA requests for political scrutiny. The release of over 1,000 agency documents reveals a persistent agency practice of flagging FOIA requests from EPIC and other organizations for referral to political appointees. For related information see EPIC: Open Government and EPIC: Litigation under the Federal Open Government Laws 2010.
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Communications Law and Policy
Jerry Kang and Alan Butler