FOI DAILY DOSE: FBI’s secret surveillance and a CIA lawsuit for post-9/11 files

The Electronic Frontier Foundation (EFF) and the U.S. Department of Justice clashed over the nondisclosure of a secret legal memo that justifies the FBI’s ability to access citizen phone records without the inclusion of any oversight or legal process.

EFF filed a FOIA lawsuit Thursday demanding release of the memo, according to an EFF press release.

Last year, a report from the DOJ Inspector General stated the FBI had found a new way to justify this telephone access that was corroborated by an opinion issued by the DOJ’s Office of Legal Counsel.

The report was redacted and failed to disclose the statutes that form the backbone of this legal justification and to explain the kinds of records to which the new exception applies.

The CIA is also facing a FOIA lawsuit.

Filed Wednesday by the American Civil Liberties Union (ACLU), the lawsuit demands records about the CIA Inspector General’s report on the treatment of people detained outside the U.S. after Sept.11. It also requests information on an internal investigation into the Office of the Inspector General itself that was reported in 2007 by The New York Times.

The initial FOIA request was submitted on April 25, according to the lawsuit, but the CIA hasn’t disclosed the records or explained its reasoning for withholding any information.

The lawsuit cites articles about Osama bin Laden’s death and the revival of debates about the use of torture techniques as a key reason for requesting the immediate release of the requested documents.

– Morgan Watkins

Morgan Watkins is SPJ’s summer Pulliam/Kilgore Freedom of Information intern and a University of Florida student. Reach her by email (mwatkins@spj.org) or connect with her on Twitter (@morganwatkins26).

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