Can you appeal if your request was denied due to an open investigation by the FBI?
Asked by Allie Conti on May 22, 2015.
1 answer from Michael Morisy.
I just called the FOIA office about my request for any and all records pertaining to a website, and they said the request had been closed due to an open investigation. Does that preclude me from getting anything they might have w/r/t the site? Like, can I appeal with a more more narrow request than “any and all documents”?
Generally speaking no. Say if you requested documents on ACME Corp, and there is one open investigation and three closed investigations into ACME Corp, they likely would have given you the materials from the closed investigations on the first pass. I’ve found “open investigation” exemption to be pretty broad and tough to fight.
On the other hand, appeals are free and relatively simple, so it can’t hurt, I just wouldn’t expect great results.