Case of O.D.

In a case in which a drug trafficking allegation (Section 212(a)(2)(C)(i)) was involved, we undertook a Freedom of Information Act request for O with the Drug and Enforcement Administration. DEA acknowledged that it had records on O, but claimed that release of the records was exempt from disclosure under FOIA exemptions and therefore would not turn over any records. We appealed that DEA FOIA decision, arguing in favor of the presumption of openness; DEA’s obligation to “segregate” the disclosable records from the exempted ones; and that in a similar request, DEA disclosed materials. The DEA FOIA branch agreed and remanded our request for further processing. Soon thereafter, DEA released responsive records.