Criminology Research Project Inc.

New FOIA Guidelines Issued by U.S. Attorney General Eric Holder

March 19, 2009

A memo was issued by U.S. Attorney General Holder today directing all executive branch departments and agencies to apply a presumption of openness when responding to federal Freedom of Information Act (‘FOIA’) requests.

Holder tells the heads of Executive Branch departments and agencies that they “should not withhold information simply because it may do so legally.” If an agency concludes that it cannot make full public disclosure of requested documents, “it must consider whether it can make partial disclosure.”

Holder rescinded former U.S. Attorney General John Ashcroft’s October 12, 2001 FOIA memo that said the Department of Justice would withhold records “unless they lack a sound legal basis or present an unwarranted risk of adverse impact on the ability of other agencies to protect other important records.”

Under the new policy, Holder explained:

…the Department of Justice will defend a denial of a FOIA request only if (1) the agency reasonably foresees that disclosure would harm an interested protected by one of the statutory exemptions, or (2) the disclosure is prohibited by law.”