The Competitive Enterprise Institute, through a Freedom of Information Act lawsuit, raised the question of whether email in Director of the White House Office of Science and Technology Policy (OSTP) John Holdren’s private account is subject to FOIA. In a unanimous ruling handed down this past July, a DC Circuit panel held that it was, and sent the case back to the district court for further proceedings. OSTP has now moved for summary judgment, even though they have produced no additional material since the Circuit’s ruling. OSTP claims that it has fully met its obligations under FOIA, and that there are no undisclosed work-related emails in Holdren’s private account that have not already been forwarded to his official agency account.
In its opposition to this motion, which CEI filed January 10, 2017, CEI contends that OSTP is attempting to re-litigate the issues on which it already lost in the circuit. Moreover, OSTP’s has provided no reason to believe that Holdren has in fact forwarded all of his relevant private emails.
See more about CEI’s case and yesterday’s filing here.