Judge: White House office not subject to FOIA.

A federal judge has ruled that the White House's Office of Administration (OA) is not a federal agency as defined by the Freedom of Information Act (FOIA) and, therefore, is not required to respond to FOIA requests.

Judge Colleen Kollar-Kotelly's ruling was in response to a lawsuit related to the records of millions of missing White House e-mails. The lawsuit was brought by Citizens for Responsibility and Ethics in Washington (CREW), which was seeking internal documents that could reveal the extent of the missing e-mail problem. After more than 25 years of complying with FOIA requests, last year the OA announced that it had reconsidered its status under FOIA and would no longer comply with FOIA requests.

According to the FOIA text, the act applies to executive branch entities with "substantial independent authority" and specifically excludes the president's personal staff and advisors. For example, advisory bodies such as the National Security Council are exempt because they only provide advice and administrative support to the president and have no independent authority.

The OA provides administrative support and services--including e-mail--to the executive offices of the president and vice president. Last year, CREW submitted an FOIA request that OA hand over internal documents related to the missing e-mails. Instead of producing the records, OA told the courts that because of its close relationship with the president and its lack of policymaking authority, it was not an "agency" as defined by FOIA and was exempt from such information requests.

Kollar-Kotelly agreed with the OA and dismissed CREW's lawsuit, concluding that the office was not a full-blown federal agency that the FOIA was meant to cover, but rather "strictly administrative" for the White House. CREW is appealing the ruling, but the ultimate outcome to the White House' e-mail situation will likely have to be cleaned up by the next president.