Assess whether a FOIA exemption is legally supportable (5c9eb4)

Situation

A reorganization that moves programs across bureaus cannot treat an IG draft that will go public Thursday as color commentary on grant special-condition that the program never implemented. FOIA/public-records counsel's program counterpart must close a FOIA exemption is from that extract under Government / Oversight and Records.

Decision

FOIA/public-records counsel's program counterpart in a reorganization that moves programs across bureaus must choose Pay or continue / Recoup / Deny / Hold using grant special-condition that the program never implemented after an IG draft that will go public Thursday.

Hypotheses to test

• Authorize Pay or continue now; grant special-condition that the program never implemented already has the discriminator after an IG draft that will go public Thursday.
• Keep Recoup in force until grant special-condition that the program never implemented is completed after an IG draft that will go public Thursday for FOIA/public-records counsel's program counterpart.
• Treat grant special-condition that the program never implemented as Deny because both readings appear after an IG draft that will go public Thursday.
• Refuse a Government close: FOIA/public-records counsel's program counterpart does not have the page a FOIA exemption is turns on in grant special-condition that the program never implemented.

Analysis required

• Test a single-case exception versus a control gap in a reorganization that moves programs across bureaus.
• Check notice and appeal timing around an IG draft that will go public Thursday.
• Trace the audit trail FOIA/public-records counsel's program counterpart would produce for oversight.
• For this Government Oversight and Records file, read grant special-condition that the program never implemented against an IG draft that will go public Thursday and write the one fact that would move a FOIA exemption is for FOIA/public-records counsel's program counterpart.

Recommendation

Choose Pay or continue / Recoup / Deny / Hold on this Government / Oversight and Records packet (grant special-condition that the program never implemented after an IG draft that will go public Thursday). The follow-on Oversight and Records action is what FOIA/public-records counsel's program counterpart does next: implement the option, assign an owner, and log the missing fact.