Posted on 10/04/2005 11:32:33 AM PDT by wcdukenfield
SY- Is Columbus Day a busines day? (in relation to FOIA request?)
Government agencies typically have up to three days to respond to FOIA requests. The three days do not include holidays or weekends. Columbus Day, IIRC from yesterday, is a federal holiday so it wouldn't be counted against the agency.
Ah, I didn't even look at the story or the thread, just answered your question. This is Texas, so its going to fall under Texas laws, presumably. I would suspect that Texas did not take Columbus Day as a holiday, I know most Georgia counties did not.
Also, I think the limit is 10 days there.
At least I'm pretty sure that was what was in the request. So, depending if the county of request, and the State of Texas reqs, we don't count weekends and maybe or maybe not Columbus day. So from Oct 4, that would be Oct 18 or 19, just like the previous poster stated.
I wonder how long Earle could drag it out beyond that?
Oh well, it'll be interesting to see what, if anything is released.
I'm more familiar with Georgia laws, but you don't have to provide the information requested within the time limit, you just have to respond (of course, there has to be a reasonable excuse why you can't provide within the three days). Further, in Georgia any "ongoing criminal investigation" is almost completely exempt from open records laws, so Earle might be able to exempt these records (or try) on that ground. But I don't know Texas open records laws.
Just for an FYI, you don't have to read all this.
http://www.oag.state.tx.us/opinopen/og_faqs.shtml#pia
What procedures must be followed if a governmental body wishes to withhold information?
Within ten business days of receiving a written request, the governmental body must:
* write the Attorney General, asking for a decision and state which exceptions apply to the requested information;
* provide the requestor with a written statement that the governmental body wishes to withhold the information and that it has asked the Attorney General for a decision;
* provide the requestor with a copy of the governmental body's correspondence to the Attorney General; and
* make a good faith attempt to notify, in the form prescribed by the Attorney General, any affected third parties of the request.
Within fifteen business days of receiving your request, the governmental body must:
* write the Attorney General and explain how the claimed exceptions apply;
* provide a copy of your written request to the Attorney General;
* provide a signed statement to the Attorney General stating the date the request was received by the governmental body or provide evidence sufficient to establish the date the request was received; and
* provide copies of the documents requested or a representative sample of the documents to the Attorney General and the documents must be labeled to show which exceptions apply to which parts of the documents.
JW777 ADDED: "I want to see a fight. Just like, I wanted Bush to pick someone that we could once and for all fight the Demoncats on and win and shove it up their arses."
After learning more about Miers and hearing Rove talk about the Hariett Miers nomination, my analysis is that Bush is employing a calculated "strategery" and is being greatly "misunderestimated" by the RATS, the Media and many Conservatives.
With loyalty being as important to Bush as it is, and with his having seen the disasters of nominating SCOTUS Justices Souter, Kennedy and O'Connor, I cannot believe that Bush would nominate someone who is not faithful to the concept of original intent of the Constitution---and be staunchly pro-life.
That being said, I believe that Bush's plan was to put up two seemingly "stealth" candidates, who are KNOWN by him to be conservative: pro-life and strict constructionists. The RATS would be caught off-guard---and RELIEVED---by his NOT nominating two CLEAR, STAUNCH conservatives.
As a result of Bush's SCOTUS track record, aging SCOTUS Justice Stevens, would feel less worried about Bush nominating an ultra-conservative and feel safe to retire early.
Then, for the "third time's a charm" nomination, Bush takes the "nucular" option and nominates Janice Rogers Brown.
Because of his SCOTUS track record, the RATS would have a harder time arguing that Bush nominates ultra-conservatives, and assuming she is then confirmed, we would have THREE NEW CONSERVATIVE SCOTUS JUSTICES and Roe could be overturned on the grounds of FRAUD in the original case and NEW MEDICAL INFORMATION which was not known at the time Roe was first decided.
Mark my words...You heard it here first...I believe Miers is part of Bush's "strategery" to add THREE conservative Justices to the SCOTUS!
EYESPYSOMETHING ADDED: "Within fifteen business days of receiving your request, the governmental body must: ..."
So, what if the govermental entity doesn't respond or do those things within the specified time period? Is it an automatic win for you (and you just have to state that and demand immediate production) or do you have to file a lawsuit to get it? If it is the latter, that becomes a VERY expensive request for info and basically impossible for most people.
Hmm. I will digest that. Thanks.
Bump to see what the outcome of this is next week.
Has anyone heard if the FOIA documents have been delivered to Mark Levin?????
Isn't this due today???
BTTT
Way to go MARK. Thank you and God Bless. PING and Amen.
I think that was due at COB yesterday. I want the Texas Rangers to lock the DA and his staff in the jail.
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