FOIA denied CFSAC dissolution 2018/56 responsive records

adrienne

adrienne

Established Member
Writing for some advice/guidance on pursuing an appeal of a rejected FOIA request for information on the dissolution of the Chronic Fatigue Syndrome Advisory Committee/CFSAC in September 2018. I’m including some background links for context as well as the denial letter.
https://www.muckrock.com/foi/united...mittee-cfsac-2018-charter-dissolution-150959/
With the announcement of the Long covid Advisory Committee I couldn’t help thinking back to the loss of what had been an important resource for the M.E. community and the inability to get any substantive answer as to why the decision was taken or if there was ever a response to the bicameral Congressional letter. I contacted HHS and my representatives, both signatories, but received no reply after several attempts.
My question is whether you think an appeal would have any chance of success? The denial was based on deliberative privilege. Any suggestions would be very welcome.
Background
https://www.healthrising.org/blog/2018/09/09/cfsac-termination-chronic-fatigue-syndrome/
https://occupyme.net/2018/09/07/rest-in-power-cfsac/
https://www.meaction.net/2018/09/07/hhs-secretary-kills-cfsac/
 

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adrienne said:
Writing for some advice/guidance on pursuing an appeal of a rejected FOIA request for information on the dissolution of the Chronic Fatigue Syndrome Advisory Committee/CFSAC in September 2018. I’m including some background links for context as well as the denial letter.
https://www.muckrock.com/foi/united...mittee-cfsac-2018-charter-dissolution-150959/
With the announcement of the Long covid Advisory Committee I couldn’t help thinking back to the loss of what had been an important resource for the M.E. community and the inability to get any substantive answer as to why the decision was taken or if there was ever a response to the bicameral Congressional letter. I contacted HHS and my representatives, both signatories, but received no reply after several attempts.
My question is whether you think an appeal would have any chance of success? The denial was based on deliberative privilege. Any suggestions would be very welcome.
Background
https://www.healthrising.org/blog/2018/09/09/cfsac-termination-chronic-fatigue-syndrome/
https://occupyme.net/2018/09/07/rest-in-power-cfsac/
https://www.meaction.net/2018/09/07/hhs-secretary-kills-cfsac/
Click to expand...



You might ask Jennie Spotila (OccupyME) what they think of this as she followed CFSAC very closely.
 
Legitimate requests are usually rejected, makes the demands more onerous and difficult to pursue, and often only succeed after years and multiple attempts. There are likely grounds for appeal, it would take someone very familiar with the process, however. There's some method to the madness, but generally speaking, bureaucracies prefer when what they do remains in secret, behind closed doors. It makes accountability impossible.

This is probably especially the case here, where no doubt the deliberations over this are pretty damning, since the decision has no actual basis. I don't know if another reason was given, but from memory the gist of it was that the committee had accomplished its goals, which is laughable. Contemptible, even. Something that can be argued given, as mentioned above, the Long Covid initiative within HHS.

@dave30th, do you know anyone familiar with the FOI process, who could push it the right way?
 
Denise said:
You might ask Jennie Spotila (OccupyME) what they think of this as she followed CFSAC very closely.
Click to expand...

I got in touch with Jennie in 2019 right after the govt. shutdown (which the date for HHS to reply to Congress fell within) but at that time she hadn’t heard anything more. Checking her website she’s carrying a heavier load right now and I wouldn’t want to impose.
 
rvallee said:
Legitimate requests are usually rejected, makes the demands more onerous and difficult to pursue, and often only succeed after years and multiple attempts. There are likely grounds for appeal, it would take someone very familiar with the process, however. There's some method to the madness, but generally speaking, bureaucracies prefer when what they do remains in secret, behind closed doors. It makes accountability impossible.

This is probably especially the case here, where no doubt the deliberations over this are pretty damning, since the decision has no actual basis. I don't know if another reason was given, but from memory the gist of it was that the committee had accomplished its goals, which is laughable. Contemptible, even. Something that can be argued given, as mentioned above, the Long Covid initiative within HHS.

@dave30th, do you know anyone familiar with the FOI process, who could push it the right way?
Click to expand...

Not surprising, but I honestly wasn't expecting a full denial. I respect the privilege(s) and understand competing interests/harms, it's the cracks we continue to fall through turn into chasms.

"The Office of the Assistant Secretary of Health (OASH)/ Office on Women's Health (OWH) search
and found 56 pages of responsive records. After a careful review of the requested information, we
have found that it is reasonably foreseeable that disclosure would harm an interest protected by one
or more of the exemptions to the FOIA’s general rule of disclosure and/or that disclosure is
prohibited by law; therefore, we have determined to withhold the information in its entirety,
pursuant to Exemption (b)(5) of the FOIA (5 U.S.C. §552 )."

At least I learned there are responsive records and I would like to pursue an appeal, just uncertain if I've hit a roadblock or an insurmountable wall.

"If you believe that the information withheld should not be exempt from disclosure, or this response
constitutes an adverse determination, you may appeal. By filing an appeal, you preserve your rights
under FOIA and give the agency a chance to review and reconsider your request and the agency’s
decision."
 
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