At 10:06pm, the FAA filed a “Response” to the Status Report filed in Rojas v. FAA 5. Along with the Status Report, the FAA filed over 10 declarations, along with a Vaughn Index identifying withheld records.
The FAA pleads the Court to allow it to assert exemptions – despite the Court ordering otherwise.
Defendants also recognize this Court’s admonition that it would not entertain requests to apply exemptions after the Court’s order on Defendants’ Motion for Summary Judgment. (Doc. 26.) Nevertheless, Defendants respectfully request that the Court exercise its discretion to allow consideration of the redactions and withholdings based on these exemptions for the following reasons.
Having acknowledged their responsibility for not asserting the exemptions in a timely manner, and presented this Court with their plan to ensure that FOIA exemptions are asserted in a timely manner in the future, Defendants suggest that the first extraordinary circumstance recognized in Citizens for Responsibility and Ethics in Washington is present here. The first prong has been met: the correct exemptions were not asserted due to pure human error. Defendants acknowledge this.