Attorney General Advises Federal Agencies to Withhold FOIA Information

IMMIGRATION LAW & POLICY

Removal Procedures and Defenses

ATTORNEY GENERAL ADVISES FEDERAL AGENCIES TO WITHHOLD FOIA INFORMATION
Immigrants' Rights Update, Vol. 15, No. 8, Dec. 20, 2001

While noting his commitment to full compliance with the Freedom of Information Act (FOIA), Attorney General John Ashcroft has issued a memo to all heads of federal departments and agencies regarding the disclosure of materials in response to FOIA requests. Although the AG's Oct. 12, 2001, statement paid heed to the importance of a well-informed citizenry that holds government accountable, he also seemed to be suggesting that agencies may be less responsive to FOIA requests in the name of national security. The memo goes on to remind agency heads of the legal privileges available to them when responding to FOIA requests. The AG suggested that those privileges ensure that agencies can deliberate candidly without fear that their deliberations will be revealed to the public. Moreover, the attorney general assured agencies and departments that if they choose to withhold information, both the Office of Information and Privacy and the Civil Division of the Dept. of Justice (DOJ) would defend their decisions. This memo supersedes the DOJ's FOIA Memorandum of Oct. 4, 1993.