FOIA Quick Guide for First Amendment Auditors

A one-page field reference (federal FOIA; state/local = state records laws). Not legal advice.

FOIA at a glance

What it is: A federal law that lets anyone request existing federal agency records in any format the agency keeps.
What it isn’t: A tool for questions, explanations, or creating new records. For state, county, city, or local police, use your state’s public records law.
Who can file: Any person. No citizenship requirement.
Where to file: The federal agency that holds the records. Many use portals listed on FOIA.gov.
Clock: Agency responds within 20 business days to grant, deny, or extend. Complex requests often get a 10-day extension.
Fees: Three requester types—news media/educational, commercial, and “other.” Fees can cover search, review, and duplication. Ask for a fee waiver and fee cap.

“Records”: emails, memos, incident reports, policies, training docs, body-cam footage, CAD logs, audit logs, databases, contracts, calendars, metadata.
Scope smartly: people, offices, keywords, date ranges, case numbers, locations, file types.
Preferred format: request “native electronic format with metadata” when available (e.g., CSV, PST, MP4).

Target the holder: Identify the component office most likely to own the records.
Draft a precise ask: Narrow by dates, custodians, and clear keywords.
State your role: If you publish video or articles, request news media fee status.
Add fee language: Ask for a public interest fee waiver and set a fee cap (e.g., “Do not exceed $25 without consent”).
Delivery terms: Request electronic delivery via email or secure download.
Track & follow up: Save your submission, tracking number, and calendar the 20-day mark.

Subject: FOIA Request – [Topic/Date Range/Office]

To the FOIA Office of [Agency/Component],

This is a request under the Freedom of Information Act, 5 U.S.C. § 552.
Please provide the following records:

[Record type(s)] concerning [topic/incident/case no.], created or received [start date] through [end date], held by [office/unit].
All emails of [names/titles] containing [keywords] during the same period.
Any policies, directives, or training materials regarding [topic] in effect during that period.

Format: Provide records in native electronic format with metadata (e.g., CSV, PST, MP4), delivered by email or secure link.

Fees: I request news media fee status. Please apply a public interest fee waiver. Do not incur fees over $25 without approval.

Expedite: Requested because [brief, concrete urgency showing compelling need].

If any portion is exempt, release all segregable parts and explain each withholding with the applicable FOIA exemption.

My contact info: [Name, Email, Phone, Mailing Address]

Sincerely,
[Your Name]

No response by day 20: Send a polite status inquiry with your tracking number.
Extension notice: Ask which parts are delayed and request a rolling release.
Overbroad claim: Offer narrowed date ranges, fewer custodians, or staged searches.
Improper fees: Reiterate your requester category, fee waiver basis, and fee cap.

Administrative appeal: Due within 90 days of an adverse decision (check the letter for exact window). Argue each point: scope, search adequacy, exemptions, fee status, and public interest.
OGIS mediation: Free, non-binding help from the Office of Government Information Services for disputes and delays.

1: Classified national security
3: Withheld by another statute
4: Trade secrets/confidential commercial info
5: Privileged inter/intra-agency memos (deliberative, attorney-client, work product)
6: Personal privacy
7(A-F): Law-enforcement records (interference, fair trial, personal privacy, confidential sources/techniques, safety)
9: Wells data (rare)

Tip: Ask for segregable portions and a Vaughn index (itemized justification) for withholdings.

Body-cam or fixed-camera footage for a listed incident number and time window
Use-of-force or complaints policy in effect on [date]
CAD/dispatch logs for a defined incident, location, and hour range
Emails between named officers and public-information staff referencing your channel name or keywords
Training slide decks for public recording, press rights, and public-space encounters
Internal audits or after-action reviews tied to a case number

News media status when you gather information and publish to the public (YouTube, site, newsletter).
Public interest waiver when disclosure informs the public about government operations and not your personal interest. Provide your audience size, examples of coverage, and planned publication.