This appeal challenged the response of 23-00321-FOIA.

The General Counsel confirmed the office correctly withheld records due to an ongoing investigation.


I have determined that the FOIA Officer correctly asserted Exemption 7(A). There is a two-step test to determine whether information is protected under Exemption 7(A), whether: (1) a law enforcement proceeding is pending or prospective, and (2) release of information about it could reasonably be expected to cause some articulable harm. We have confirmed with Division of Enforcement staff that the investigation from which you seek records is still active and ongoing.

Acknowledgement Letter