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ASNE argues for access to emails sent from private accounts
- By: ASNE staff
- On: 08/27/2015 10:15:41
- In: FOI
ASNE was one of 27 media organizations and companies that filed an amicus brief with the United States Court of Appeals for the District of Columbia Circuit. The brief argues for access to emails sent and received by a public official doing business on a private email account.
ASNE was one of 27 media organizations and companies that filed an amicus brief with the United States Court of Appeals for the District of Columbia Circuit. The brief argues for access to emails sent and received by a public official doing business on a private email account.
This has nothing to do with Hillary Clinton. Instead, the brief, drafted by the Reporters Committee for Freedom of the Press, supports a federal FOIA request filed by the Competitive Enterprise Institute that seeks emails of John Holden, the director of the White House Office of Science and Technology Policy, which were sent from a private email account. The office denied the FOIA request by arguing that the records were technically not in its possession. The U.S. District Court for the District of Columbia upheld the denial, and the institute appealed.
Our brief argues that the lower court erred in agreeing that the records could not be "withheld" because they are not in the "possession, custody or control" of the office and also argues that it is dangerous to allow government officials to use personal email accounts to conduct public business. We believe this is a crucial issue nationwide as these types of denials are seen at both the federal and state levels and seem to be increasing, not decreasing, in nature.