Skeptic Review

Sarah Braasch, made unintentionally famous by the “napping while black” incident at Yale University on May 8, 2018, made an FOIA request to the state of Connecticut in hopes that Yale Police Department would release body camera footage of the police interview with Sarah herself only.

Sarah contends that what she said during this interview was not racist in nature, but instead was an attempt to explain the backstory of the situation. She believes the release of the footage will exonerate her of the statements rapidly made by Yale University couching the incident in racist terminology.

The hearing was scheduled for October 3, 2019, but the new attorney had requested a postponement and this postponement has been granted by the State of Connecticut. Braasch had already booked and paid for her travel.

The request for the postponement was made by Aaron Bayer, partner in the law firm Wiggin and Dana. According to Mr. Bayer’s impressive bio, he is “a litigation partner who heads the firm’s Education Practice Group and previously chaired the firm’s Appellate Practice Group.” His complete bio may be found here. https://www.wiggin.com/content/uploads/pdf/aaron-s-bayer.pdf

Mr. Bayer “draws on his experience in positions in higher education and government to advise colleges, universities, private secondary schools, and nonprofit organizations on the complex legal, regulatory, and public relations issues they regularly face.”

What is FOIA? Courtesty United States Government, FOIA.gov

Since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request access to records from any federal agency. It is often described as the law that keeps citizens in the know about their government. Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement.

The FOIA also requires agencies to proactively post online certain categories of information, including frequently requested records. As Congress, the President, and the Supreme Court have all recognized, the FOIA is a vital part of our democracy.

What is the Presumption of Openness and Who Issues Guidance to Agencies on the FOIA?

The FOIA provides that when processing requests, agencies should withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exemption, or if disclosure is prohibited by law. Agencies should also consider whether partial disclosure of information is possible whenever they determine that full disclosure is not possible and they should take reasonable steps to segregate and release nonexempt information. The Office of Information Policy at the Department of Justice is responsible for issuing government-wide guidance on the FOIA as part of its responsibilities to encourage all agencies to fully comply with both the letter and the spirit of the FOIA.