FOIA & Government Transparency Law

Obtaining government records through requests and federal court litigation

Your Right to Government Records

The Freedom of Information Act (FOIA) gives you the right to access records held by federal agencies. With limited exceptions, government records are public—and agencies must produce them upon proper request.

But agencies often resist disclosure. They delay responses, claim exemptions broadly, and produce heavily redacted documents. When administrative remedies fail, federal court litigation may be necessary to compel disclosure.

DC Federal Litigation PLLC helps clients obtain government records through strategic FOIA requests and federal court litigation when agencies refuse to comply.

What is FOIA?

The Freedom of Information Act (5 U.S.C. § 552) requires federal agencies to disclose records upon request unless one of nine exemptions applies. FOIA applies to executive branch agencies, not Congress or the courts.

FOIA principles:

  • Records are presumptively public

  • Exemptions are narrowly construed

  • Any person (including non-citizens and companies) can make requests

  • No need to explain why you want the records

  • Agencies must respond within 20 business days (extendable)

What FOIA covers:

  • Documents

  • Emails

  • Memoranda

  • Reports

  • Data and databases

  • Photographs and recordings

  • Any recorded information

FOIA Exemptions

Agencies may withhold records under nine exemptions:

Exemption 1:

Classified Information

National security information properly classified under executive order.

Exemption 2:

Internal Personnel Rules

Internal agency rules and practices (narrowly construed after Milner v. Dep't of Navy).

Exemption 3:

Statutory Exemptions

Information specifically exempted by other statutes (e.g., tax returns, CIA files).

Exemption 4:

Confidential Business Information

Trade secrets and confidential commercial or financial information.

Exemption 5:

Deliberative Process

Inter-agency or intra-agency communications that are deliberative (draft documents, recommendations).

Exemption 6:

Personal Privacy

Personnel and medical files that would constitute a clearly unwarranted invasion of privacy.

Exemption 7:

Law Enforcement Records

Law enforcement records that would interfere with enforcement, reveal sources, invade privacy, endanger safety, or deprive someone of a fair trial.

Exemption 8:

Financial Institution Regulation

Information relating to examination, operation, or condition of financial institutions.

Exemption 9:

Geological Information

Geological and geophysical information concerning wells.

Our FOIA Services

FOIA Request Drafting

We help craft effective requests that:

✓ Identify records precisely enough to be found

✓ Are broad enough to capture relevant documents

✓ Anticipate exemption claims

✓ Establish basis for fee waivers

✓ Request expedited processing when appropriate

Fee Waiver Requests

FOIA authorizes fee waivers when disclosure is in the public interest. We help establish:

✓ Subject matter is of genuine public interest

✓ Disclosure will contribute to public understanding

✓ Requester will disseminate information

✓ Commercial interest, if any, is not primary

Expedited Processing

Agencies must expedite requests involving:

✓ Imminent threat to life or safety

✓ Urgency to inform the public (for media)

✓ Other agency-specific criteria

We help establish grounds for expedition.

Administrative Appeals

When agencies deny requests or produce inadequate responses, we:

✓ Analyze agency response for legal errors

✓ Draft administrative appeals

✓ Challenge overbroad exemption claims

✓ Argue for segregability (partial release)

FOIA Litigation

When administrative remedies fail, we sue in federal court to:

✓ Compel production of withheld records

✓ Challenge exemption claims

✓ Recover attorney's fees

FOIA Litigation in Federal Court

When to Sue

You can file a FOIA lawsuit when:

✓ Agency denies your request (express denial)

✓ Agency fails to respond within statutory timeframe (constructive denial)

✓ Administrative appeal is denied

✓ Agency produces inadequate response

Filing Suit

FOIA lawsuits are filed in U.S. District Court. Venue options include:

✓ District where requester resides

✓ District where records are located

✓ District of Columbia (where all agencies have presence)

DC District Court hears many FOIA cases due to agency headquarters presence.

Attorney's Fees

FOIA allows fee recovery when:

✓ Requester substantially prevails

✓ Entitlement is reasonable

Courts consider:

✓ Public benefit of disclosure

✓ Commercial benefit to requester

✓ Government's litigation posture

✓ Requester's interest in the records

The Litigation Process

Complaint: Allege FOIA violation and seek injunctive relief compelling disclosure.

Agency Response: Agency may produce additional records, file motion to dismiss, or defend withholdings.

Vaughn Index: If agency withholds records, court may require a Vaughn index—a detailed document-by-document justification for each withholding.

In Camera Review: Court may review withheld documents privately to assess exemption claims.

Summary Judgment: Most FOIA cases are decided on summary judgment based on the administrative record.

Decision: Court orders disclosure of improperly withheld records and may award attorney's fees.

Privacy Act Requests

The Privacy Act (5 U.S.C. § 552a) gives individuals the right to access and amend records about themselves maintained by federal agencies.

Privacy Act vs. FOIA:

  • Privacy Act: Access your own records

  • FOIA: Access any records

Privacy Act rights:

  • Access to records about you

  • Amendment of inaccurate records

  • Accounting of disclosures

  • Civil remedies for violations

Privacy Act claims

We pursue Privacy Act litigation for wrongful disclosure, failure to maintain accurate records, and denial of access.

Who Uses FOIA?

Journalists and Media

FOIA is essential for investigative journalism. Reporters use FOIA to:

  • Investigate government programs

  • Uncover wrongdoing

  • Access public records

  • Hold agencies accountable

Researchers and Academics

Researchers use FOIA for:

  • Historical research

  • Policy analysis

  • Scientific data

  • Government statistics

Businesses

Companies use FOIA for:

  • Competitive intelligence

  • Regulatory compliance information

  • Contract award information

  • Government market research

Advocacy Organizations

Nonprofits use FOIA for:

  • Policy advocacy

  • Public education

  • Accountability campaigns

  • Litigation support

Individuals

Individuals use FOIA for:

  • Immigration records

  • Employment records

  • Benefit records

  • Personal information held by government

Attorneys

Lawyers use FOIA for:

  • Discovery in litigation

  • Background on agencies

  • Client file access

  • Case development

FOIA Best Practices

Craft Precise Requests

✓ Be specific enough that the agency can locate records

✓ Use agency terminology when possible

✓ Specify date ranges

✓ Identify offices likely to have records

Anticipate Exemptions

✓ Request segregable portions if full records are exempt

✓ Explain why exemptions should not apply

✓ Request Vaughn index if substantial withholdings

Pursue Fee Waivers

✓ Document public interest purpose

✓ Explain dissemination plans

✓ Distinguish from commercial use

Follow Up Actively

✓ Track response deadlines

✓ Submit follow-ups when deadlines pass

✓ Appeal inadequate responses promptly

Document Everything

✓ Keep copies of all correspondence

✓ Record dates of submissions and responses

✓ Preserve evidence for potential litigation

Frequently Asked Questions

  • Agencies must respond within 20 business days, extendable by 10 days for unusual circumstances. In practice, complex requests often take months. Litigation can add additional time but may be necessary to obtain compliance.

  • Yes. Agencies may charge search, review, and duplication fees depending on requester category. Fee waivers are available for requests in the public interest.

  • Failure to respond within the statutory timeframe constitutes constructive denial, allowing you to file a lawsuit or administrative appeal.

  • Yes. Administrative appeals go to the agency head or designated appeals office. After appeal denial (or constructive denial), you can sue in federal court.

  • A Vaughn index is a detailed listing of withheld documents with justification for each exemption claimed. Courts often require Vaughn indexes to evaluate exemption claims.

  • Yes, if you substantially prevail and fee recovery is reasonable. Courts consider public benefit, commercial interest, and government conduct.

Contact Our FOIA Team

If you need government records, we can help—from request drafting through federal court litigation.

We assist with:

  • FOIA request drafting

  • Fee waiver applications

  • Administrative appeals

  • Federal court litigation

  • Privacy Act requests

Contact:

Schedule FOIA Consultation

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