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Everything wrong with the FOIA process, in one single email
If you’ve ever filed a public records request, you may have experienced delays, improper denials, lack of communication, or all of the above. What’s less common is when an agency gives a requester a responsive record and then demands it be given back or destroyed, also known as a “clawback.” In 2022, the Federal Trade…
Read MoreD.C. Circuit Rules “Clawback” Orders Foreclosed by the FOIA
The U.S. Court of Appeals for the District of Columbia Circuit released a noteworthy decision today in Human Rights Defense Center v. U.S. Park Police, a Freedom of Information Act (“FOIA”) case in which the federal government sought a court order requiring the return or destruction of “inadvertently disclosed” records. Such relief is commonly known…
Read More3 Model Policies to Boost State Transparency at the Start of Legislative Sessions
As state legislative sessions kick off across the country, it is an opportune time to prioritize policies that enhance transparency, empower citizens, and foster accountability. The Right on Transparency coalition, of which Americans for Prosperity Foundation is the founding member, has identified key areas where states can lead the way. Three of the coalition’s model…
Read MoreKansas Attorney General Rules Commerce Department Violated KORA in Response to 2021 Request from AFP Foundation
Over three years ago, Americans for Prosperity Foundation-Kansas filed a Kansas Open Records Act request with the Department of Commerce seeking records about the Sales Tax and Revenue (“STAR”) Bonds financing program. After failing to receive all the requested documents, we filed a Kansas Open Records Act (KORA) complaint against the Department of Commerce in December 2022. Last…
Read MoreVA’s Claim of an “Independent” Red Team Report Falls Apart Under Scrutiny
The Department of Veterans Affairs (VA) billed its Red Team report on the supposed “Urgent Need to Address Community Care Spending” as an “independent” assessment. Yet, documents obtained by Americans for Prosperity Foundation through the Freedom of Information Act paint a different picture: internal emails and chat logs show VA officials actively drafting, editing, and…
Read MoreAFP Foundation Responds to Law Profs Advocating for Abusing Emergency Powers
AFP Foundation’s Thomas Kimbrell and Kevin Schmidt write in the Yale Journal on Regulation responding to Berkeley Law Professors Elena Chachko and Katerina Linos’ “Emergency Powers for Good,” published in the William & Mary Law Review. Chachko and Linos argue that in some cases, “invoking emergency powers is the only viable way to break deadlock and enact long…
Read MoreAnother Legislative Audit Shows Failure of STAR Bond Program
The Kansas Legislative Division of Post Audit released a follow up to its 2021 audit of the STAR Bond program, and the findings reveal that even allowing the Department of Commerce to pick and choose its favored metrics—improving local quality of life—doesn’t show a program that benefits taxpayers. The problem with their favored metric is that “Commerce…
Read MoreAmericans for Prosperity Foundation Calls for Withdrawal of AI Reporting Requirements in Defense Production Act Rule
Arlington, VA – Today, Americans for Prosperity Foundation (AFP Foundation) submitted a formal comment opposing the Bureau of Industry and Security’s (BIS) proposed rule that abuses Korean-war era Defense Production Act (DPA) authority to establish reporting requirements for the development of advanced artificial intelligence (AI) models and computing clusters. CLICK HERE TO VIEW THE COMMENT.…
Read MoreAFP Foundation Sues Biden Administration for Public Records Relating to Overreaching Energy Permitting Regulations
Arlington, Va. – Americans for Prosperity Foundation today filed a Freedom of Information Act (FOIA) complaint seeking information on the Council of Environmental Quality’s (CEQ) recent overreaching revisions to energy permitting regulations that will cause delays and drive up the costs of badly needed energy projects. Click here to view the complaint. In May, AFP Foundation launched…
Read MoreNetChoice and the “Informational Interest”: Can the Government Ensure You Listen to the Right Message?
The Supreme Court’s decision in NetChoice v. Moody, the much-anticipated challenge to Texas’s regulation of social media companies, was not the barnburner many had anticipated. Instead of deciding the First Amendment question directly, the Court found that neither lower court did the proper facial analysis, meaning they must not only find a First Amendment violation…
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