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.
Following our Friday filing of a status report regarding the issues remaining in the litigation, Judge G. Murray Snow has ordered the parties to appear for a Status Conference in the next few weeks.
The subject of the DOT IG investigation, presumably Mr. Snow, alleged to have released answers for the BQ to ATCS applicants, provided contradictory information to DOT IG and FAA officials as to whether he “coached” individuals. FAA investigators say “It may be enough for the LOB to take action”, but clearly, no action seems to have been taken.
We wonder who’s picture this is.
We also wonder how the picture is:
records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information could reasonably be expected to constitute an unwarranted invasion of personal privacy.
Also, FAA stated in its response letter that the redactions under 7(C) were regarding “names and contact information” for DOT IG agents.
Along with investigating the allegations concerning the hiring process, FAA officials in the investigative branch of the FAA conducted a “Facebook Compilation” of Rojas.
The FAA did not provide the actual .docx, and we will be notifying the Court of the missing attachments.