Freedom of Information Act (FOIA) Appeal; Appeal Denied; Expedited Processing
Office of Hearings and Appeals
February 5, 2021On December 1, 2020, the Appellant, a reporter with DCReport.org, filed a FOIA request with OPI seeking records in the possession of the DOE Office of Intelligence and Counter- Intelligence from November 1, 2016 to the present concerning risks to national security posed by former President Trump. The Appellant also made a request for expedited processing, as the information would assist the public in understanding the activities of government.
On January 5, 2021, OPI issued an Interim Response Letter explaining that the Appellant failed to demonstrate compelling need. The Appellant filed her appeal on January 26, 2021. In her appeal, the Appellant requested the information based on the reasoning that any failure to expedite the requested documents could pose an imminent threat to the life or safety of an individual. She stated her purpose was to prevent further harm to U.S. citizens and residents.The Appellant also stated that the information was urgently needed and necessary to understanding the impact of former President Trump's years in office.
OHA determined that the Appellant failed to present any argument concerning expedited processing of her FOIA request on the basis of urgency to inform. Further, as the Appellant's justification cited a general threat to the safety of the public, it failed to allege any imminent harm to any specific subset or group of the citizenry as required by 5 U.S.C. § 552(a)(6)(E)(v)(I) and applicable case law. OHA Case No. FIA-21-0004