The possibility that Freedom of Information Act requesters can recover attorneys’ fees in FOIA lawsuits makes it easier to find attorneys to represent requesters on a contingency or pro bono basis.
Conversely, when new restrictions on the award of attorneys fees are put in place, as they have been in recent years, the availability of pro bono attorneys in FOIA cases has seemed to shrink accordingly.
FOIA reform legislation introduced last year by Sen. John Cornyn (R-TX) and Sen. Patrick Leahy (D-VT) would restore the previous standard which permitted recovery of attorneys’ fees whenever a requester’s lawsuit resulted in an agency decision to release the requested record.
The larger question of Attorneys’ Fees generally (not specifically in the FOIA context) is treated at length in a new report from the Congressional Research Service. A copy was obtained by Secrecy News.
See “Awards of Attorneys’ Fees by Federal Courts and Federal Agencies,” updated January 24, 2006.
By preparing credible, bipartisan options now, before the bill becomes law, we can give the Administration a plan that is ready to implement rather than another study that gathers dust.
Even as companies and countries race to adopt AI, the U.S. lacks the capacity to fully characterize the behavior and risks of AI systems and ensure leadership across the AI stack. This gap has direct consequences for Commerce’s core missions.
The last remaining agreement limiting U.S. and Russian nuclear weapons has now expired. For the first time since 1972, there is no treaty-bound cap on strategic nuclear weapons.
As states take up AI regulation, they must prioritize transparency and build technical capacity to ensure effective governance and build public trust.