My FOIA request, DOGE, and the heat will be turned up as I can even if it is slowly.

 

So as per the last post I sent the FOIA request for information on the Department of Government Efficiency. Below I have included their response and then I sent a response which is also included below. It is Friday afternoon at this time so I may not hear back today, yet when I do I will post.

If I do not hear back by sometime next week, I will look into my next steps.

National.FOIAPortal (OIP)	Mar 27, 2025, 1:58 PM (22 hours ago)
to me

Hello,

 

Thank you for your inquiry.  This is not the proper place to submit a FOIA request.  Due to currently pending litigation, we do not have information on the proper place to submit FOIA requests to the Department of Government Efficiency at the moment.

 

Sincerely,

The National FOIA Portal Team

 

	12:36 PM (2 minutes ago)
to National.FOIAPortal

Greetings,

 

I understand this is not the actual office to request the FOIA request for DOGE. I am looking for the office for the Department of Government Efficiency (DOGE). In your email it is stated you do not have the proper place to submit FOIA requests for DOGE due to pending litigation. I have included in this email information I researched about pending litigation so there may or may not be a reason for pending litigation to affect the ability to make FOIA requests through the proper office. See below

 

So what is the litigation that is preventing being able to establish what is the correct office for FOIA requests for DOGE? If this is actually affecting the request I can research the litigation and once resolved make a new request. Otherwise why is there no office for DOGE for FOIA requests if the litigation is not particular to a request since there is no office for FOIA requests? This is a bit confusing if litigation exists but no office created to have handled a request that caused the litigation. And since I am not a party to any litigation at this time, I do not see why I cannot make my own request. It may or may not fall under the current issues at hand in any current litigation.

 

Please clarify.

 

And here is a quick summary of the information I have found so far.

 

No, pending litigation generally does not automatically affect a Freedom of Information Act (FOIA) request, but it can be a factor in some cases, particularly regarding exemptions or the timing of disclosure. 

Here's a more detailed explanation:

• No Diminished or Enhanced Rights:

A requester's rights under the FOIA are neither diminished nor enhanced by their status as a party to litigation or by their litigation-generated need for the requested records. 

• Exemptions May Apply:

The fact that information is related to pending litigation can be a factor in determining whether an exemption to disclosure applies, such as Exemption 7(C) which protects information that would compromise ongoing investigations or litigation. 

• "Federal Comity" and Deferral:

If the requested records are the subject of pending FOIA litigation in another judicial district, a court may defer to the jurisdiction of the other court, avoiding unnecessary burdening of the federal judiciary and potentially conflicting FOIA decisions. 

• Timing of Disclosure:

Agencies may choose to withhold information related to pending litigation until the litigation is resolved, or they may choose to release it, depending on the circumstances and applicable exemptions. 

• No Obligation for Preferential Handling:

While agencies have no obligation to do so, they have, on rare occasions, accorded preferential handling to FOIA requests involving information needed in connection with pending litigation. 

• Not a Blanket Exemption:

The mere existence of pending litigation does not automatically mean that all information related to the litigation is exempt from disclosure under FOIA. 

Regards