FAYETTEVILLE, Ark. — A federal judge has ordered the Federal Bureau of Investigations (FBI) to begin producing documents related to a Freedom of Information Act (FOIA) request by two Arkansas journalists from 2022.
In a filing from Nov. 26, Judge Timothy Brooks said the agency must either produce or account for 500 pages to the plaintiffs — Doug Thompson and Lisa Thompson with the Northwest Arkansas Democrat-Gazette — by the end of the year.
What sparked the lawsuit against the FBI?
In 2022, the Thompsons requested records about the investigation into former FBI Agent Robert Cessario and his handling of the federal case against Arkansas Sen. Jon Woods and two codefendants, who were later convicted of corruption-related charges.
According to the Department of Justice (DOJ), Cessario was accused of intentionally erasing the contents of his government computer hard drive that had been ordered for forensic examination related to the case in 2017. He pleaded guilty in August 2022 and was later sentenced to 36 months of probation.
In the same month that Cessario entered a guilty plea, the Thompsons reportedly requested records about Cessario's investigation, disciplinary action, employment end date, and pension status from the FBI.
In October 2022, the FBI denied the request due to privacy exemptions, documents say.
The Thompsons filed an appeal in December 2022, claiming the public's right to know about the FBI agent's destruction of evidence outweighed any privacy concerns. The FBI acknowledged this appeal on March 27, 2024.
In a response in April 2024, the FBI reversed its positions and found 3,783 pages of records that were "potentially responsive" to the request. However, documents say the FBI told the Thompsons processing the request would take over five years.
After the back-and-forth, the Thompsons filed a lawsuit against the FBI in the Western District of Arkansas on July 15, 2024. The Thompsons claim the FBI violated FOIA by not responding within the required 20 business days, initially claiming invalid privacy exemptions, and failing to produce documents promptly.
Judge's latest order
According to the Nov. 26 filing, the judge ordered the FBI to begin producing the documents for the Thompsons' request.
Of the roughly 3,700 pages of documents cited in the original filing, the FBI has reportedly narrowed it down to 1,200 pages. The agency believes these pages will "satisfy" the Thompsons' FOIA request.
The judge ordered the FBI to begin reviewing the documents under the following schedule:
- 500 pages must be reviewed by Dec. 31, 2024
- 500 pages must be reviewed each month after December
- Review must be completed by March 31, 2025, with a Vaughn index describing each potentially responsive document
- Provide categorical descriptions of the remaining 2,500 pages
A follow-up hearing is set for April 30, 2025, to determine if litigation is necessary.
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