Public Comments Submitted by Robert Hammond on May 2, 2022

Ms. Wall, Ms. Gupta, et al,

Please promptly post the attached Public Comments to 5.5.2022 FOIA Advisory Committee:

"Senate 3.22.2022 FOIA Hearing - DOJ's Lack of Enforcement + Malfeasance + Open the Government Statement for the Record." [V2 attached.].  [Malfeasance is not my word.].

I originally submitted these public comments on April 17, 2022 for posting ahead of the 4.21.2022 Chief FOIA Officers Council, but OGIS/DOJ did not timely post them, so I withdrew then from that venue.

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As to oral public comments for the May 5, 2022 FOIA Advisory Committee meeting, please allow the full 15 minutes for members of the public only. At the April 21, 2022 Chief FOIA Officers meeting, Bobby used over four minutes of oral public comment time “defending the Department’s annual FOIA report processing.” That was inappropriate. You have my comments. Do that on Committee comments time, as you do not allow members of the public to comment during that time. 

Also, please immediately rescind the errant statement in the FOIA blog stating “Public comments … must relate to the recommendations the Committee is considering. “ That statement is contrary to law as are Ms. Semo’s opening comments at every meeting further attempting to restrict oral public comments. Any comments under the Committee’s purview must be allowed. The NARA/OGIS public comments posting policy (which is also contrary to law) does not contain such a restriction. 

Nevertheless, my attached public comments are on topic for the May 5, 2022 meeting. Please post them and address them in detail in your meeting minutes. Past meeting minutes are materially inaccurate in not doing so (e.g., The sun rose in the east. There were public comments. The end.) 

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Some acknowledgements.

     * Wow! “OGIS 2.0: Reimagining FOIA Oversight” recommendations are the most consequential of any made by the Committee to date. Thank you, David Cuillier, A.Jay Wagner, Thomas M. Susman, Patricia A. Weth!!!

     * Also, congratulations to author Margaret Kwoka on her book, “Saving the Freedom of Information Act.” An engaged free press is vital to our Democracy. Margaret, you ROCK!

     * Muckrock.com - Best FOIA Portal

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This correspondence is of great interest to Chief FOIA Officers, FOIA professionals, members of the media, the public, and others and may be widely disseminated accordingly.

With my deep respect,

Robert Hammond