secrets case with the government raises a defense or in the foia case tries to deny information. maybe this is an era of courts being more willing to stand out, but climate makes a difference and they are reacting to how the public and the congress reacted to snowden, and they are saying maybe it is not quite so scary as we thought to go against the government. mr. vitka: i want to move on because of the time, but i thought you might have the best view as to how this ruling influences the politics of this, the congressional will. ms. eoyang: i think the second circuit put this back in congress' lap and say congress did not authorize this under 215 and if they want to be explicit about that, they need to ask. they made note of the timeline. their analysis of the 215 program that suggests they would not look kindly upon it the way it is currently constructed. i think there is politics in this. in the house you would not get a clean reauthorization of the program through, so the real question for senator mcconnell do you take the legislation or do you let the program expire? mr. vit

. >> reporter: mayor bowser included the blanket exemption of the camera's footage from foias in her budget and that brought a backlash from critics and then councilman kenyan mcduffy put the brakes on the whole thing insisting the public have a chance to weigh in first and now he says he's against giving the police an xemings from the public records request p s. >> the use of these cameras will benefit the community and mpd by increasing accountability improving police services and enhancing public safety. >> you're talking act improving transparency and accountability in policing then you can't move forward with a blanket foia exemption. >> reporter: chief cathy lanier says she and the mayor want to exempt the body camera footage from freedom of information requests for several reasons. one of the biggest reasons, privacy of victims and the general public. >> that is not an excuse to have this blanket prohibition against releasing these documents. and i think the public good outweighs whatever privacy concerns that they seem to have with the video. >> reporter: groups like the aclu

why is that protected under the foia act? and is there anybody in washington, d.c.e can trust there's a shred of transparency in their government even when we let rock stars be secretary of state? >> i mean look, the inspector general i think should look at this because career foia experts are the ones who should be making these decisions, not political appointees and this "wall street journal" story, which is an important story, raises three issues that have been around that are not gotcha issues and not holding the clintons to a different standard. one is secrecy, one is a failure to play by the normal rules that they really should play by, and the third is people around the clintons working hard to do what the clintons want done in a political way. >> mike barnicle, what's the purpose of the freedom of information act? is it so politicians can have their henchmen decide what to let out and not let out? come on. >> mark halperin just mentioned that you can't have political appointees running it. you should have career bureaucrats running it. >> cheryl mills, jerem

the courts were pretty open to challenges to the government under foia and in some other areas. and then they started just automatically deciding in favor of the government over the last 15 years, at least. i think they're afraid. they're afraid they could be wrong and they're afraid to do what courts often do and deal with subjects they're not experts in. i think the courts themselves say this. the several respected judges say that we roll over in cases that -- where the government -- a foia case and a state secrets case where the government raises a defense or in the foia case tries to deny information. maybe this is a harbinger of courts being more willing to stand up. of course the climate always makes a difference. and they're reacting to how the public and the congress reacted to snowden and they're saying, hmm, maybe it's not quite so scary as we thought to go against the government. >> i want to move on, because -- again the time. mika, how might this ruling influence the politics of this, the congressional will? >> i think the second circuit put this back in congress' l

in the stingray dirt box context through foia foia is what the aclu did we found out that the department of justice was asking states and localities not to disclose use of this information. in some instances they were asking state and local law enforcement to refer to information that was obtained by these devices as information from a confidential source so that judges would not really have an idea that that's how the information was obtained. in other cases they had asked prosecutors to dismiss cases where defense attorneys were seeking to challenge the use of these devices. we've also seen cases where, you know, when a challenge does go up and is being debated by the courts they offer a very attractive plea deal for the express purpose, really, of trying do avoid a court oversight over the use of these technologies. and so i think attacking this problem really requires at a federal level less -- a federal level prohibition on stopping states and localities from actually disclosing information about these devices to courts. the second piece of it is obviously stopping information going

the secretary senior staff is kept apprised of what foia requests come in.cific set of rules that govern what's released and that's what was followed. >> marie harf thanks very much for coming in. >> happy to be here. >>> coming up osama bin laden's secret library, newly declassified documents reveal the terrorist leader read bob woodward as well as a lot of magazines. but he never gave up on his obsession with new attacks on the united states. >>> later, north korea's kim jong-un parades some forgiven defectors in front of tv cameras. what's the story? we have the exclusive report. ♪ take me into your darkest hour ♪ ♪ and i'll never desert you ♪ ♪ i'll stand by you ♪ yeaaaah! yeah. so that's our loyalty program. you're automatically enrolled, and the longer you stay, the more rewards you get. great! oh! ♪ i'll stand by you ♪ ♪ won't let nobody hurt you ♪ isn't there a simpler way to explain the loyalty program? yes. standing by you from day one. now, that's progressive. (mom) when our little girl was born we got a subaru. it's where she said her first word.

occurred. >> michael robbins, we're staying on this case, filing an appeal of the rejection of our foia thank you for joining me. really appreciate it. >>> all right. the president of world soccer's governing body, fifa's sepp blatter is defying calls to step down amid allegations of widespread bribery and corruption in his organization. why does a prominent world leader have his back? >>> these are unprecedented and difficult times for fifa. i must stress that those who are corrupt in football are in a thin minority, like in society, but like in society they must be catched and held responsible for their actions. >> sepp blatter, the embattled president of world soccer's notorious governing body, fifa, spoke today for the first time since yesterday's shocking indictment of top fifa officials by the u.s. department of justice, which alleges widespread corruption within the multibillion-dollar organization. >> we will cooperate with authorities to make sure anyone involved in wrongdoing from top to bottom is discovered and punished. >> blatter, who's ruled over fifa for 17 years and face

went through all the agencies and put the state department dead last in terms of those who respond to foia -- >> when she was in. >> yes. >> dana bash, thank you so much. >>> baltimore still reeling from the death of freddie gray while in police custody. some police officers blame the violent on that case suggesting that law enforcement is afraid to do its job. we're live in baltimore next. that's going to go right in your glove. ohhh. oh. see that? great job. ok, now let's get ready for the ball... here it comes... here you go. good catch. perfect! alright now for the best part. let's see your pour. ohhh...let's get those in the bowl. these are way too good to waste, right? oh, yea. let's go for it... around the bowl and... [ male announcer ] share what you love... with who you love. mmmmm. kellogg's frosted flakes... they're g-r-r-reat! good catch dad. [ laughs ] appears buster's been busy. yeah, scott. i was about to use the uh. i've got a much better idea, lad! scotts ez seed uses the finest seed, fertilizer,... ...and natural mulch that holds water so you can grow grass anywhere. look

the courts were pretty open to challenges to the government under foia and in some other areas. and then they started just automatically deciding in favor of the government over the last 15 years, at least. i think they're afraid. they're afraid they could be wrong and they're afraid to do what courts often do and deal with subjects they're not experts in. i think the courts themselves say this. the several respected judges say that we roll over in cases that -- where the government -- a foia case and a state secrets case where the government raises a defense or in the foia case tries to deny information. maybe this is a harbinger of courts being more willing to stand up. of course the climate always makes a difference. and they're reacting to how the public and the congress reacted to snowden and they're saying, hmm, maybe it's not quite so squary as we thought to go against the government. >> i want to move on, because -- again the time. mika, how might this ruling influence the politics of this, the congressional will? >> i think the second circuit put this back in congress'

protect ourselves and protect the victims and other people on the video from excessive or abusive foia requests. the bill in south carolina still allows the public to get that information, whether that is through the individual who is on the camera can request a copy of that and he can obviously do what he would like to do with that data then. or the agency head can still release that information if he felt like it was in the best interests of the public to do that. we've seen that time and time again where questionable uses of force have been used and we've gone back and gone ahead and released the video. one of the questions that was brought up earlier was about tampering with the video or doing those types of things. this is a topic that came up when we considered our release of information, not only does foia prohibit us from releasing certain things but there are also certain things in south carolina law that prohibit us from releasing victim identifying characteristics or juveniles and those types of things. for us to do that, we'd have to go back and redact. obviously it is easy

occurred. >> michael robbins, we're staying on this case filing an appeal of the rejection of our foia. we will stay with this. thank you for joining me. really appreciate it. >>> all right. the president of world soccer's governing body fifa's sepp blatter is defying calls to step down amid allegations of widespread bribery and corruption in his organization. why does a prominent world leader have his back? you are looking at two airplane fuel gauges. can you spot the difference? no? you can't see that? alright, let's take a look. the one on the right just used 1% less fuel than the one on the left. now, to an airline a 1% difference could save enough fuel to power hundreds of flights around the world. hey, look at that. pyramids. so you see, two things that are exactly the same have never been more different. ge software. get connected. get insights. get optimized. you do all this research on the perfect car. gas mileage , horse power... torque ratios. three spreadsheets later you finally bring home the one. then smash it into a tree. your insurance company's all too happy to raise y

you said the word hard to say but foia-able, let's talk about that.agencies people who do nothing but assess foia requests and whether or not you want to give them or don't give them. but is it fair criticism john avlon that they were unduly scrutinizing sperveg to friends involved with the keystone pipeline et cetera. >> that appears to be the case. "the wall street journal" shows a lot of foia were going to her chief of staff. that's somebody basically acting as gate keeper for hillary clinton and thinking about personal and political implications not just the due process. >> do you believe sheryl mills is the type running things there on the clinton global initiatives board, do you think she said if you don't help me i'm not going to go forward. >> i will not speculate on her character. >> you must. >> but i will not. >> your wife will. >> people that are incredibly protective and -- >> not unusual. >> very common dynamic. >> also the weightiness of somebody who's representing the secretary in an entire entity an entire department where there are t

as anyone who has filed a foia request knows, it's an extremely difficult frustrating process for any government agency. but there's news reports that are coming out saying there has been some intervention by the clinton camp on these -- on releasing some of this stuff. so bottom line she want this is out of the news but like alex said, it will remain there and be a problem for her campaign. >> alex there's a report in the "wall street journal" this morning saying the state department kept a tight tootight rein on hillary clinton's records when accessing foia officials were unduly scrutinizing requests? >> i think it's always fair for reporters and good government groups to look at these things. the state department has consistently been ranked as the worst government agency in responding to these requests, that goes from before secretary clinton's tenure to after. and the allegation made in this "wall street journal" report, the issues raised is that cheryl mills, hillary clinton's chief of staff,ong time clinton aide asked to be involved in specific issues around the keystone xl pip

after a couple of years, the air force even gave me the accident report after a four-year request -- foiauest. so this was a heavily redacted report that was finally given to me and, of course, there was mistrust there even though i was a member of the air force on what i was going to do with report and what i wanted to share. really i just wanted the truth to be out. the families still didn't know why it crashed. what happened in that sense is there's a technical term called unscheduled rudder deflection. when a plane takes off and it has unscheduled rudder deflection, the rudder -- and that's the largest control surface on the plane -- can it either moves right or left. and whichever way it moves it turns the nose of that plane. in this particular case there was a mall function and a combination of the autopilot malfunctioning jammed the rudder and when that happened, the plane turns upside down and heads into a nose dive. they were fortunate enough to recover all the engines and test those at tinker our force base and they were also fortunate to recover the crumpled tail section that t

i'm sure there's been a lot of foia requests for clinton documents. >>> wisconsin governor scott walkerll has not revealed his presidential intentions. at least not officially. but he certainly appears to be in full campaign mode. that's the story in the visit to capitol hill. the wisconsin governor is courting house republicans, showcasing his gubernatorial credentials. he's asked republican lawmakers to imagine what they could do with majorities in congress and what he calls a gold conservative in the white house. governor walker says he expects to announce his 2016 plans at the end of june. they're a mystery to no one. that will come after he finishes the wisconsin state budget. >>> time for an early start to "your money." stocks hit a high. dow hit a record second in a row. four cancer charities called out as shams. the ftc is naming the cancer fund of america, cancer support services children's fund of america and the breast cancer society whose charities are run by members of the same extended family. the government says they kond donors out of $187 million in 2008 to 2012. they'r

wrote a letter to say i'm sorry to inform you your career is over you are expelled witness saw a puff foia request the university can tell me if there was even ever a trial. sova with the educational privacy act it is used to adjust the protect the privacy of students and to hide the actions of university administrators and that is exactly what they did something happen because he is still a student they wouldn't even say if there was a case i felt about he had one more appeal the commissioner of higher education said the government said to have to use a lower burden of proof but you forgot to put it in writing even though everybody is acting on it so i will send a back for clear and convincing evidence. okay that is dubious but it is the ruling. they hired outside consultants with fresh eyes is jordan johnson guilty of rape by clear and convincing evidence that independent reviewer said he is guilty by clear and convincing evidence should be out of here but the dean had overseen it that the new dean all we know she said i of overturning the conviction for my own reasons ignored the other

when we got the report we used a thing called the foia to using arkansas state law to ask the springce to disclose as much as they legally could. they sent it to us and we put it online and "in touch" magazine has all of the details. >> these how you were able to break it. according to the police report that alexander and his team were able to obtain through the freedom of information act request, josh was sent to a program, okay, for four months. according to police report it consisted of hard physical work and counseling. and afterwards the parents told the police they felt their son no longer had a problem. we're talking about a person who was 14 at that time molesting girls who were younger. physical work fixes that? four months fixes that? is this crazy? >> no. i think it's important to know that there's a different between adult molesters and juveniles who molest. >> you're not going quite so far as to stay traditional pedophile. >> right no. he might turn into that. but not all of them do. and in fact some of them can receive treatment and get better and go on to live -- >> is

surely, out of tens of thousands of pages, there is one sentence i can be released under the foia.and they say, no, we're the experts on her own investigation and that is what we say, so we say, well, we want [no audio] the government argues the court does not have a right to make this determination. this is a question of a national security fact from either it is a fact that the information held by the doj and held by the fbi about wikileaks would affect and it is the government that is best place to determine this fact, not the court. and so in the judgment, the judge states that it is necessary to show "appropriate deference to the executives on matters of national security and, therefore, she simply going to do for to the government's claim without looking at the material at all." this is incredible, that you have judiciary -- the whole purpose of the judiciary is disney not to the for to the executive, but meant to be an independent assessor. if you look at a normal criminal case say a murder case, and the question of dna in the murder case. so the government would bring their

process, this happens about several times a month on average where for a variety of reasons under the foia law, something that has been previously unclassified is for public release deemed to be classified. >> when was it the fbi asked for this to -- >> we've been listen to marie harf being grilled about the redactions in these e-mails released by the state department today. some the fbi or at least one e-mail taking some information out. now this information is classified. at the time these e-mails were sent they were not deemed classified information. this brings up a whole host of questions whether mrs. clinton should have known that at the time. >>> coming up texting and driving. in many places illegal. texting and flying soon to be approved by pilots. but when it comes to omega-3s, it's the epa and dha that really matter for heart health. not all omega-3 supplements are the same. introducing bayer pro ultra omega-3 from the heart health experts at bayer. with two times the concentration of epa and dha as the leading omega-3 supplement. plus, it's the only brand with progel technology

when i filed a foia request the university system wouldn't tell me.hey said we couldn't tell you there was a trial because of the federal privacy rules. it's called the educational privacy act or something. it's used to justly protect the privacy of students but it's abused. second -- it's used to hide the actions of the university of ministers. i try to find out what it meant something happened because he is still a student. they wouldn't even say if there was a case. so i found out by other means that what happened was he had one more appeal after they expelled him and he filled to the commission of higher education the commission of higher education said wait a minute the government said you have to use the slower government to prove preponderance of evidence and he forgot to put in writing even though everyone is already acting on it. so i'm going to send this back to the university for a higher burden of proof for clear and convincing evidence. okay that is dubious but that's the ruling so it went back and they hired an outside consultant with fr

protect ourselves and protect the victims and other people on the video from excessive or abusive foia requests. the bill in south carolina still allows the public to get that information, whether that is through the individual who is on the camera can request a copy of that and he can obviously do what he would like to do with that data then. or the agency head can still release that information if he felt like it was in the best interests of the public to do that. we've seen that time and time again where questionable uses of force have been used and we've gone back and gone ahead and released the video. one of the questions that was brought up earlier was about tampering with the video or doing those types of things. this is a topic that came up when we considered our release of information, not only does foia prohibit us from releasing certain things but there are also certain things in south carolina law that prohibit us from releasing victim identifying characteristics or juveniles and those types of things. for us to do that, we'd have to go back and redact. obviously it is easy

multiple whistle-blowers allege that senior leaders submit foia requests to seek information on employees who may have made protected disclosures. now, how sneaky. this is not the purpose of the freedom of information act. multiple whistle-blowers also allege that since receiving my letters, managers within the u.s. marshal service have been on the hunt for the identities of those who have made protected disclosures to my office. this behavior is absolutely unacceptable and contrary to the intent of whistle-blower protection legislation. maybe instead of spending time targeting the people who are trying to bring wrongdoing to light, the marshals should focus on providing full and accurate answers to my questions. the work of the marshal service is vital. the men and women doing that work deserve not just our gratitude but our support as well. that support includes demanding responsible and accountable leadership from the marshal service. i yield the floor. a senator: mr. president? the presiding officer: the senator from pennsylvania. mr. casey: thank you mr. president. i ask unanimous co

. >> i'm a frequent foia litigator, and i obtained documents that should the department of defense is developing not just speech to text, but also speaker recognition technology. two parts my question. the first is, if the government does not believe it has the legal authority or the intent to use that kind of technology, why spend taxpayer dollars on it? it seems it would pare well with what the nsa is already doing. i do not think it is an accurate curly to like in a in informant to a government program like the nsa collection program. government program triggers certain fourth amendment protections that a private voluntary informant would not trigger, so that seems an inaccurate corollary. mr. litt: we disagree on that. on the first one, i am not saying the government is not using these technologies. i am saying they do not expand the authority of the government to do anything that he cannot legally do now. ms. eoyang: to the clear -- to be clear, there private sector entities that are developing these capabilities. if you use -- the fact that the government the pumps additional te

this is a topic that came up when we considered our release of information, not only does foia prohibitus from releasing certain things but there are also certain things in south carolina law that prohibit us from releasing victim identifying characteristics or juveniles and those types of things. for us to do that, we'd have to go back and redact. obviously it is easy to redact a document or piece of paper. we got a black sharpie that we can go out and do those things. but how do you redact a video? furthermore, once you get into court will the question be raised, okay it's obvious you've redacted to some degree. how do we know what we're watching here in court today is the actual true event of what took place that day? those are all questions that we're still trying to figure out as this new technology moves forward. >> we're all trying to learn. and i think the march of sirnscience challenges us constantly. wasn't that many years ago dna didn't mean anything to anybody. now it has ended up resulting in much better, i think more complete efforts to find the truth and justice. the marc

and the fact that we've done very small police departments that would ultimately have to create a foia department to be able to maintain all this data that was coming in and out and all the requests. essentially the decision was made not to make it a public document but to be able to give a copy of that data to a small amount of people and then they obviously can do with it what they wanted to after that. so that was our way of kind everof narrowing it down so the public still does have knowledge and, of course, the law enforcement could still release it if it if it would benefit the public as well. >> thank you very much. >> senator blumenthal? >> thank you, mr. chairman. thanks for holding this hearing and thanks to senator scott for the bill that he's introduced and the initiative that he's taken. and thanks to all of you for being here today. i'm a strong supporter of body-worn cameras by police. in fact, i've supported the full appropriation for existing programs that would fund them. and i think they will make a very substantial contribution to the credibility and effectiveness o

and prosperous society classical liberal type that is, classic liberalism and it's led to a lot of foia request and targeting of professors who are teaching courses on free market economics. they want their private e-mails. they want to know this and that. look, talk about free speech. i'm pretty much a free speech absolutist a lot of ways because i think they are natural rights and with the government can't restraint and because they didn't get into it. certain unalienable rights we been hearing about. i'm fine with the state good for my large financed by many organizations that oppose koch politically and that's the right to do it. they become unsupported, first amendment but it's hypocritical when some of the student could say we are doing it. is such as because of corporate want to point out other big business interests on campus. there's a lot of groups on the left a lot of wealthy people on the left that have businesses that are funding university projects and programs to i do want them to at all but it doesn't seem it's anything but as the tapping i think it's wrong to attack eit

called the a-files to immigrants facing deportations so they don't have to spend time going through the foia process. you said you would look into that and i didn't know whether dhs had begun to routinely provide a files to aliens and deportation proceedings, something that we had agreed in that previous exchange about it would be frankly in the interest of justice, reduce the time and cost of deportation proceedings. >> i do know -- i do know we now have a -- i do know we have a policy on that. we also have a policy concerning congressional requests for a-files. sitting here maybe this is because it is -- it's been a while, but sitting here -- >> i recognize i'm the last question. >> i can't remember exactly what the policy is. let me get you that for the record. >> please do. i would appreciate both follow-up and some clarity about what the department needs to get us to a place where you're following what i think is the appropriate process here. let me move to u.s. versus texas, executive agencyctions. >> that one i haven't forgotten about. >> i suspect you haven't. you may have had vigoro

but when people filed foia public records requests to say how is this device actually used? it turns out it had never been used in such a way. it was primarily used in prosecuting drug crimes. so first of all the post-9/11 pots of money are often facilitating surveillance at the local level. second of all the same broad technological changes, the ability to collect, store, analyze and share information at unprecedented rates have also made surveillance at the local level more expansive. i'm sure criminal defense lawyers see this all the time in their cases in some respects. right? it's now pretty well understood that cell phone tracking is a common law enforcement technique. it's amazing to me today that there are still so few opinions on this point about whether the government needs a warrant based on probable cause to gather either realtime or historical cell tracking information. but at least we now know about the technique. automatic license plate readers are common. then there's technologies that are just around the corner, drones and increase expansion of facial recogn

college secretary clinton and all her e-mail should be made public after they have gone through this foia review process and the state department the state department as part of work done to fill work done to fill in those expectations. [inaudible] >> i have no reason to not be confident in the vetting process. i would also acknowledge that i am not deeply involved in the vetting process. that is the responsibility of the agency and there are professionals that i think by virtue of the fact they are releasing several hundred pages today that they take the responsibility seriously. >> and they talked about this yesterday on the president's twitter account and some of the unfortunate things that have been written by folks online. i wonder if the president has made any comments on that. >> i've not spoken to them about it. i would feel comfortable in saying they are more than unfortunate. some of them are offensive and disgusting. they are also not unique to the president's twitter feed. we see similar things directed at the white house twitter feed. similar things directed at my twitter fee