By Judicial Watch ——Bio and Archives--January 26, 2021
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In effect, it eliminates any discovery into the actions of agency officials or employees other than FOIA officers – walling off from any inquiry officials or employees who may be less than honest with FOIA officers or who might seek to conceal agency records from FOIA officers to prevent disclosure to the public, among other matters plainly relevant to an agency’s good faith in responding to FOIA requests. It is especially important that this misapplication of longstanding precedent be corrected because the D.C. Circuit’s far-reaching decision will nullify the “citizens’ right to be informed about ‘what their government is up to’” and for all intents and purposes, it will eradicate the district courts’ role as the enforcement arm of FOIA, as Congress intended.“No court should undermine the Freedom of Information Act and the rule of law by giving Hillary Clinton special protection from having to testify about her emails,” stated Judicial Watch President Tom Fitton. “The Supreme Court should cast politics aside and affirm that Hillary Clinton is not above the law.”
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