Fox News Network loses round in FOIA suit…
Reuters’ Grant McCool writes about Fox News Network losing a FOIA suit. If Fox has an appeal option, I expect that they would probably appeal this…(via J$)
“I rule that one document, which the Board determined is not a record, is indeed, a record. The Board shall identify this document and either produce it or claim an exemption,” Hellerstein said in a written order.
“In all other respects, I grant the Board’s motion and deny Fox’s motion, finding that the Board performed an adequate search and that Exemption 4 permits the Board not to disclose the documents that Fox seeks.”
Under Exemption 4 of the FOIA, an agency must demonstrate that the information sought is a “trade secret” or “commercial or financial” in character and “obtained from a person” and “privileged and confidential.”
Update: Reuters updated its story to include Fox response…
Fox said in a statement in response to the ruling: “We respect the judge’s decision, but we will probably appeal.”
July 31, 2009 at 6:18 am
This is something I don’t understand, and don’t have the time today to really research:
How can a judge determine something “is a record” when a board (assumed a board of experts, or those directly involved with something) says it isn’t?
It seems to me, unless I’m reading it wrong, that the people FBN was trying to get the information from (the Board of Governors) said it wasn’t a record… thusly hurting their own case? But the judge told them their business, and reversed it? I’m confused.
July 31, 2009 at 10:45 pm
A judge makes a determination based solely upon the legal definition(s) of “records” and how that definition pertains to the specific US Code(s) at issue. While the Board should be expert on the subject of those documents, it is not necessarily expert on matters of law controlling them.
For example, a meeting is held and someone jots down a list of all who are present. It’s not a “record” document – it’s just “notes”, right? Well, yes it is because a record is “a written account of acts and proceedings” and so a judge could easily interpret those notes to be a “record” of attendance that is potentially subject to FOIA.
On the flip side, one of the meeting’s participants uses that opportunity to pass around a “Get Well” card for everyone to sign. While this card is a “document” and it was signed by all present during the meeting proper, its purpose is not germane to that meeting and so a judge would likely rule that it is not a “record” of attendance subject to FOIA.