foia
Questions disguised as FOIA requests
<p>I was reading an opinion in HUDGINS V. I.R.S., (D.D.C. 1985) regarding the ruling that the government is not required to answer "questions disguised as FOIA requests."</p>

<p><a href="https://casetext.com/case/hudgins-v-irs" rel="nofollow">https://casetext.com/case/hudgins-v-irs</a></p>

<p>I think this view is entirely wrong.  In my view, it is not the fact that a FOIA request appears to be a question which disqualifies the FOIA request.  The only thing that can disqualify a FOIA request is the fact that "records" are not "reasonably described."</p>

<p>I am currently requesting from my state attorney general's office the "laws which are being used to justify X actions by the executive."</p>

<p>While it is true that this could be rephrased as a question, it does not fail to 1) "reasonably describe" 2) "records".  Since I am asking the attorney general's office, they are either using laws to justify a course of action or they are not.  If they are, then they know what records I mean.  <em>That</em> is reasonably describing.  And of course, laws are records.  If they are not using laws to justify their actions, then of course they do not know what I mean.  In that case, the law provides that they should say so.</p>

<p>Either way, you see the trap here, do you not?</p>

<p>The question: Based upon more than just Hudgins, is there anything to support my FOIA/FOAA(Maine) request as being valid?</p>

<p>My jurisdiction is Maine</p>

<p>I believe that you have misinterpreted the case, not least because the Hudgins v I.R.S case involves this only peripherally. The original case <a href="https://casetext.com/case/diviaio-v-kelley#p542" rel="nofollow">Diviaio v Kelly</a> was dealing with a request for the <em>number</em> of photographs taken of the plaintiff and if these had been disseminated outside the CIA. This is in no way shape or form a request for records (the records were found to be legitimately exempt).</p>

<p>I see no problem in your FOI request. In fact, I can foresee the response:</p>

<blockquote>
  <p>These, <a href="http://www.maine.gov/legis/ros/meconlaw.htm" rel="nofollow">http://www.maine.gov/legis/ros/meconlaw.htm</a>, are the laws we use to justify these actions.</p>
</blockquote>

<p>In a common law jurisdiction, a person (including the government) does not have to prove they are abiding by the law. The onus is on you to prove they aren't; they do not have to help you make your case.</p>
