Transcript Acquiring DEA Non-Public Documents

Cadwalader, Wickersham & Taft LLP
www.cadwalader.com
USE OF FREEDOM OF
INFORMATION ACT REQUESTS IN
DEA ENFORCEMENT CASES
Jodi Avergun
Cadwalader, Wickersham &
Taft, LLP
Washington, DC
PRIVILEGED AND CONFIDENTIAL
ATTORNEY WORK PRODUCT
Acquiring DEA Non-Public Documents
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A wide variety of useful information is not made readily
accessible by DEA :
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Settlements or Memorandum of Agreements with
registrants
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Certain DEA Orders
–
Statistics detailing drug purchases (ARCOS)
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Copies of DEA staff presentations at conferences
Avenues for acquiring this information:
–
Ask (DEA HQ Public Affairs Section, relevant staff)
–
Freedom of Information Act (FOIA)
PRIVILEGED AND CONFIDENTIAL
ATTORNEY WORK PRODUCT
Cadwalader, Wickersham & Taft LLP
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DEA FOIA Request Basics
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DEA Basic Procedural Requirements :
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Requested records must be reasonably described
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Request must follow published regulations (see
http://www.justice.gov/dea/FOIA/information.shtml)
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Simple process: can simply submit via email to
“[email protected]”
DEA Obligations :
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Perform a reasonable search
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Obama FOIA memo (Jan. 2009) calls for a presumption of
disclosure
•
But DEA will withhold records as allowed by law
(deliberative process privilege, documents created for
“law enforcement purposes”)
PRIVILEGED AND CONFIDENTIAL
ATTORNEY WORK PRODUCT
Cadwalader, Wickersham & Taft LLP
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DEA FOIA Tips
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Think ahead and be patient
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Be Persistent
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DEA takes four months to respond to a simple request
(one document specifically requested)
Call and offer to help – DEA FOIA staff are pleasant but
are not experts in how DEA enforcement cases are
litigated and settled
Know that it is worth the effort
–
Documents provide insight into DEA and help overcome
lack of DEA written guidance
•
Non-public MOAs are similar and evidence an
unpublished DEA regulatory scheme
PRIVILEGED AND CONFIDENTIAL
ATTORNEY WORK PRODUCT
Cadwalader, Wickersham & Taft LLP
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