Government Consultant Records Should Not Fall Under FOIA Exemption
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Ninth Circuit sitting en banc in Rojas v. FAA. This case concerns a FOIA request made to the FAA by Rojas, an unsuccessful job applicant, for records from a consulting firm related to the screening process for the position he sought. The issue before the en banc panel is whether to recognize the “consultant corollary” under FOIA Exemption 5. The amicus brief argues that the Supreme Court has repeatedly emphasized the importance of adhering to FOIA’s plain text when interpreting its exemptions, and the consultant corollary is not within the plain text of Exemption 5. Rejecting the consultant corollary here would ensure that government consultants’ records remain accessible under FOIA, the brief concludes.