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Executions & Secrecy: FOIA Case

Virginia Supreme Court justices will soon be deciding on a case that could have a significant impact on what state officials can withhold—even when a Freedom of Information Act request is submitted.

Although this case began with one lawmaker asking about how executions are carried out, he also discovered that agencies may have found a way around disclosing pertinent information. 

To learn more about the processes and drugs used in state executions, Delegate Scott Surovell sent Freedom of Information requests to the Department of Corrections.  But the DOC’s reply cited security concerns about why execution manuals and related information could not be released.  The Attorney General's office represented the agency before the Supreme Court this week—and argued that if one piece of information posed a security risk, that entire document could be withheld, and Virginians should trust the agency’s judgment.

Surovell says the court also pointed out that the issue isn't only about the Department of Corrections—it's about all of Virginia's government, and the justices must base their decision on that.  Surovell says state FIOA exemptions are a problem, and the law must be updated.

Tommie McNeil is a State Capitol reporter who has been covering Virginia and Virginia politics for more than a decade. He originally hails from Maryland, and also doubles as the evening anchor for 1140 WRVA in Richmond.
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