DOJ prosecutes single FOIA dodger while defending systemwide evasion

David Morens, a former NIH senior official, pleaded guilty to conspiracy to defraud the United States for obstructing FOIA compliance. He faces up to five years in prison and a $250,000 fine. The DOJ’s criminal case contrasts with its usual civil approach to FOIA evasion. The agency has defended practices that close requests without proper response, such as the Energy Department’s “still interested” letter scheme, which a federal judge struck down.