Can I file both a Mandatory Declassification Review and a FOIA request for the same classified document at the same time?

Yes. A Mandatory Declassification Review (MDR) and a Freedom of Information Act (FOIA) request are two separate legal avenues, and nothing stops you from using both for the same classified document. They are governed by different authorities, follow different procedures, and offer different advantages. Many experienced requesters file both precisely because each can succeed where the other stalls.

Two different pathways

FOIA is a statute that gives the public a right to request records from federal agencies. Classified material is handled under FOIA Exemption 1, which protects properly classified national security information. Agencies generally have 20 business days to respond to a FOIA request, though complex requests often take much longer.

MDR comes from the executive order governing classification. It asks an agency to review a specific classified record and declassify whatever no longer meets the standards for protection. MDR is narrower in scope, but its appeal route can ultimately reach the Interagency Security Classification Appeals Panel (ISCAP), an avenue FOIA does not provide.

Why file both

• Different exemptions and review standards mean one process may release material the other withholds.
• Different appeal channels give you a second chance if the first denial stands.
• Comparing the two responses can reveal what an agency is treating as classified versus exempt for other reasons.

Practical tips

• Identify the record as specifically as you can. MDR in particular requires you to describe the document with enough precision for the agency to locate it.
• Be clear in each submission which process you are invoking, so the agency routes your request correctly.
• Track each request separately. They will have their own tracking numbers, timelines, and appeal deadlines.
• Expect national security reviews to take time, sometimes well beyond standard FOIA windows.

Keep in mind that MDR and FOIA Exemption 1 apply to federal classified records. State and local public-records laws vary widely and generally do not involve national security classification.

For broader guidance on requesting government records, see FOIA and public records.