My blog post on FOIAs, executive function, Alan Turing, avoiding propaganda

[coderman]

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On Monday, June 14, 2021 3:50 AM, Douglas Lucas <dal at riseup.net> wrote:
...
> Anyway, this latest entry to my blog is at:
> https://douglaslucas.com/blog/2021/06/13/foias-executive-function/


hello Doug!

you mention,

> Now I’m confronting the confusing question of whether I can appeal
> them at all, since some laws/policies require appeals to be filed
> within, say, 90 days of the adverse determination. I’ve missed many
> of those deadlines, and I’m currently trying to figure out if I
> have to start completely over with brand new filings on the same
> subject matters. But then, can’t the agency just say the new filing
> is denied because it’s identical to the past filing that was
> denied? Yet would that still open up a new 90-day window for an
> appeal? In any case, I don’t want to end up waiting years and years
> again between my new request and the new adverse determination.
> I’ll ask the MuckRock experts for help on appealing.


i am in the same boat, and in fact there is a long record of federal
agencies using silent denials ("we sent it, we promise") to force the
timeout on appeals for denied requests.

you will have to submit a *new* request, which will be denied, and
you'll want to watch it, because again, they don't always send proper
notifications.

once you see the denial come across, file the appeal, and
specifically state how their claimed exemptions don't apply. E.g.
this is in the public interest, this subject is no longer sensitive,
etc.

good luck! :)


best regards,

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