A new FOIA release shows the FBI Director’s Office responded to FOIA requests for known files on deceased FBI officials by presenting options that seemingly included a law enforcement investigation/proceeding against the requesters, with one email calling the requests “SUSPICIOUS.” While the emails are heavily redacted to conceal the identities of the FBI officials involved in the discussions, the Bureau repeatedly left personal information of the different FOIA requesters unredacted, despite having clear guidelines and no privacy waivers.
The FBI’s Dead List, which compiles a list of FBI files on subjects the Bureau knows to be dead, can be a wonderful resource for FOIA requesters. The list confirms the existence of specific FBI files as well as the subject’s death, removing the need to provide separate proof of death in order to avoid unnecessary redactions. The FBI has recently begun claiming that they can’t locate the updated copy of the file, a claim that the Department of Justice has upheld on appeal. The most recently released copy of the Dead List identified approximately 7,000 deceased FBI officials on whom the Bureau maintained files. Due to the obvious public interest in these files, they were requested.