Six lessons from a five-year FOIA battle by Philip Eil
From the post:
I FILED MY FIRST Freedom of Information Act request on February 1, 2012. I was 26 years old, and chasing a story about my father’s med-school classmate, Dr. Paul Volkman, who had been convicted of a massive prescription drug dealing scheme the previous year. The aim of the request was simple: I wanted to see the evidence the jury saw during Volkman’s eight-week trial in Cincinnati for a book I’m writing about the case. (Volkman went to college and medical school with my father.) But everyone I asked—the US district court clerk, the appellate court clerk, the prosecutor, and the judge who presided over the case—declined to give me the documents. It was time to make an official request to the Department of Justice.
To make a very long story short, in March of 2015, that FOIA request turned into my first FOIA lawsuit. And, earlier this month, I received my first FOIA judgment, which, I’m happy to report, is also my first FOIA-lawsuit victory. In a 17-page decision, US District Court Judge Jack McConnell cited Serial and Making A Murderer, wrote “Public scrutiny of judicial proceedings produces a myriad of social benefits,” and ordered the Drug Enforcement Administration to fork over the requested documents within 60 days.
It took more than four and half years to receive that judgment. And, during that time I began joking that I had attended “FOIA University.” Today, the prospect of postgraduate study looms; if the government appeals, it could extend this ordeal by months, if not years. But, with Judge McConnell’s decision in hand, I’d like to share a few of the things I’ve learned. What follows is the cheat-sheet I wish I someone had handed me five years ago.
… (emphasis in the original)
Not only will you find Philip’s “cheat sheet” useful, it is also inspirational.
Enjoy!