Latest on Journalist FOIA of WP/AWPAA

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ArmyRedLeg
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Latest on Journalist FOIA of WP/AWPAA

Post by ArmyRedLeg »

For those who are curious about the status.

1) The journalist received an AWPAA batch of documents on September 15th. Some documents are in review for redactions. I suspect another story to follow.
2) 11 pages that were withheld by WP are still in question
3) WP is searching for GEN William's non-@army.mil emails

Everything else seems to be wrapped up, though this journalist can put in more requests.

The lawsuit can also persist / get more complicated if the journalist feels like WP/AWPAA is withholding documents they believe WP/AWPAA should legally disclose.
Since the parties’ last status update of July 20, 2023, USMA made a production of nonexempt records responsive to Mr. Libit’s FOIA request on August 18. At this time, USMA believes that it has produced all non-exempt records responsive to Mr. Libit’s FOIA requests. Plaintiff is reviewing redactions made to those records and the parties will confer regarding eleven (11) pages that were withheld in their entirety. With regard to Mr. Libit’s October 7, 2022 FOIA request (as further narrowed on November 21, 2022) that seeks certain emails of General Darryl A. Williams from an “army.mil” email account, USMA did not identify any responsive records. However, USMA is investigating whether the General used any other email addresses during the relevant period for USMA work. If he did, USMA will deem Mr. Libit’s October 7, 2022 FOIA request to include such email addresses and conduct supplemental searches for responsive records.

AWPAA has also made a production of non-exempt records responsive to Mr. Libit’s request, which was produced to Plaintiff on September 15. Several of the remaining documents requested by Plaintiff in the aforementioned FOIA request include information that may potentially be withheld pursuant to 5 U.S.C. § 552(b)(4). As required, AWPAA has contacted the submitting parties who have an interest in the content of the documents and are currently working to determine the extent of the responsive records and proper redactions therein. There are also several responsive email communications between Messner Reeves LLP, AWPAA and USMA, which AWPAA plans to withhold in full pursuant to 5 U.S.C. § 552(b)(5). It is the current belief of AWPAA that all remaining responsive, non-exempt records can be produced in one additional production
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