"It's hard to evaluate the policy if you don't know what it means. Is this overbroad? Are they asking for something that is inappropriate under the FOIA? The real question is, how is this applied," she said. "Obviously, if agencies use the consultation process to delay or to prevent the disclosure of documents that are not exempt, then that is a problem."
"I agree that was a very interesting line in there because it's clear that it was discussing agency-related business and this was someone that she knew in her capacity as administrator of U.S. EPA," Weismann said. "As difficult as it may be to capture all the emails that are sent or received when she uses [the Richard Windsor account], it's basically impossible to locate emails that are sent to or from a home email address."