DOJ_CIVIL_DIVISION_MEMO.md

United States Department of Justice

Civil Division — Internal Memorandum

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Subject

Assessment of AI-Assisted FOIA Research Tool
Federal FOIA Intelligence Search

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Purpose

This memorandum evaluates the legal, evidentiary, and litigation-risk implications of references to the above-described tool in civil filings, FOIA litigation, or administrative records.

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Tool Description

Federal FOIA Intelligence Search is a third-party, non-governmental research aid that aggregates links to agency FOIA electronic reading rooms and generates citations, appendices, and optional AI summaries.

The system:

• Does not host or alter government records
• Does not interface with agency systems
• Does not generate factual determinations

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Litigation Risk Analysis

Evidentiary Risk

Minimal. All primary evidence remains agency-authored and publicly hosted.

Discovery Risk

Low. No user data retention; no document caching; no training on user input.

Attribution Risk

Mitigated by:

• Mandatory disclosure blocks
• Citation hashes
• Clear AI labeling

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FOIA Litigation Context

Use of the tool:

• Does not constitute agency action
• Does not alter the administrative record
• Does not substitute for Vaughn indices or sworn declarations

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DOJ Guidance

Attorneys encountering this tool in filings should:

1. Focus review on underlying FOIA documents
2. Treat AI summaries as non-evidentiary
3. Confirm citations independently where material
4. Raise objections only if AI output is misrepresented as fact

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Conclusion

Federal FOIA Intelligence Search presents no novel legal risk beyond ordinary citation tools when properly disclosed.

Its architecture aligns with DOJ principles of transparency, restraint, and evidentiary integrity.