FIA-21-0004 - In the Matter of Sarah Okeson

Freedom of Information Act (FOIA) Appeal; Appeal Denied; Expedited Processing

Office of Hearings and Appeals

February 5, 2021
minute read time

On 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 

 

FIA-21-0004.pdf (154.87 KB)