The explanation for the FOIA process is that public bodies routinely get intransigent about FOIA requests and violate the statutes. Read upthread: I have worked with Bernstein's FOIA attorneys before. Like everyone else, I support the suit, even as I think it's deeply silly for Bernstein to equate it to Bernstein v US.
If you made me guess about why NIST denied his FOIA requests, I'd say that Bernstein probably royally pissed everyone at NIST off before he made those requests, and they denied them because they decided the requests were being made in bad faith.
But they don't get to do that, so they're going to be forced to give up the documents. I'm sure when that happens Bernstein will paint it as an enormous legal victory, but the fact is that these outcomes are absolutely routine.
When we were FOIA'ing the Police General Orders for all the suburbs of Chicago, my own municipality declined to release theirs. I'd already been working with Topic on a (much more important) FOIA case from a friend of mine, so I reached out asking for him to write a nastygram for me. The nastygram cost me money --- but he told me having him sue would not! It was literally cheaper for me to have him sue my town than to have him write a letter, because FOIA suits have fee recovery terms.
I really can't emphasize enough how much suing a public body to force compliance with FOIA is just a normal part of the process. It sucks! But it's utterly routine.
If you made me guess about why NIST denied his FOIA requests, I'd say that Bernstein probably royally pissed everyone at NIST off before he made those requests, and they denied them because they decided the requests were being made in bad faith.
But they don't get to do that, so they're going to be forced to give up the documents. I'm sure when that happens Bernstein will paint it as an enormous legal victory, but the fact is that these outcomes are absolutely routine.
When we were FOIA'ing the Police General Orders for all the suburbs of Chicago, my own municipality declined to release theirs. I'd already been working with Topic on a (much more important) FOIA case from a friend of mine, so I reached out asking for him to write a nastygram for me. The nastygram cost me money --- but he told me having him sue would not! It was literally cheaper for me to have him sue my town than to have him write a letter, because FOIA suits have fee recovery terms.
I really can't emphasize enough how much suing a public body to force compliance with FOIA is just a normal part of the process. It sucks! But it's utterly routine.