Late Intervention Contravenes FOIA Goals and Timely Newsgathering
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Ninth Circuit in Center for Investigative Reporting v. Department of Labor. This case concerns a FOIA request made to the Labor Dept. by CIR for employment diversity reports of certain federal contractors. Nearly two months after a district court ruled the reports could not be withheld, one of the contractors intervened to seek reconsideration and to appeal. The brief argues that post-judgment intervention contravenes FOIA’s goals of timely disclosure and efficiency, and that would-be intervenors have ample notice of potential disclosures and time to intervene. The brief also explains how delays caused by late intervention hinder the news media’s ability to report in a timely way, thereby hurting the public’s right to know.