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JAMES MADISON PROJECT et al v. GENERAL SERVICES ADMINISTRATION and 9 other new FOIA lawsuits

by Harry Hammitt on February 2nd, 2017

We have added 80 documents from 10 FOIA cases filed between January 22, 2017 and January 28, 2017. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

  1. JAMES MADISON PROJECT et al v. GENERAL SERVICES ADMINISTRATION (filed Jan 23, 2017)
    The James Madison Project and reporter Noah Shachtman submitted a FOIA request to the General Services Administration for records concerning the anti-nepotism law and any analysis of how it applies to the President, particularly in regard to his son-in-law Jared Kushner. JMP and Shachtman also asked for expedited processing. The agency responded by indicating that it had no records. JMP and Shachtman filed an administrative appeal. JMP and Shachtman submitted a supplemental FOIA request for records of any communications with Kushner or his wife Ivanka Trump, including their private attorneys. JMP and Shachtman requested expedited processing. The agency acknowledged receipt of the supplemental request, but denied the request for expedited processing. JMP and Shachtman then filed suit.
    Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
  2. U.S. Bank, National Association, as Trustee for C-BASS Trust 2006-CB9, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-CB9 v. SFR Investment Pool 1, LLC et al (filed Jan 27, 2017)
    This is a dispute over the foreclosure of a property in Nevada. It is not a FOIA case.
    Issues: FOIA not mentioned
  3. PUBLIC RECORD MEDIA v. U.S. DEPARTMENT OF JUSTICE (filed Jan 23, 2017)
    Public Record Media submitted a FOIA request to the Department of Justice for records concerning mass collection programs conducted under specified statues, including the Privacy Act and the Electronic Communications Privacy Act. The Office of Information Policy acknowledged receipt of the request, but after hearing nothing further from the agency, Public Record Media filed suit.
    Issues: Failure to respond within statutory time limit
  4. JAMES MADISON PROJECT et al v. DEPARTMENT OF JUSTICE et al (filed Jan 23, 2017)
    The James Madison Project and reporter Josh Gerstein submitted FOIA requests to the FBI, the CIA, the Office of the Director of National Intelligence, and the National Security Agency for records concerning the two-page synopsis given to President Donald Trump with respect to allegations that the Russian government had compromising information about him, any determination regarding the accuracy of the allegations, and any investigative files used to make such a determination. JMP and Gerstein also requested expedited processing from each agency. After hearing nothing further concerning their requests for expedited processing, JMP and Gerstein filed suit.
    Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
  5. LEOPOLD et al v. DEPARTMENT OF JUSTICE et al (filed Jan 24, 2017)
    Reporter Jason Leopold and researcher Ryan Shapiro submitted FOIA requests to the Department of Justice and a number of other agencies for records concerning Jeff Sessions, nominated by President Trump to serve as Attorney General, the Judicial Crisis Network, and confirmsessions.com. The requests also asked for expedited processing. The Department of the Army and the Department of State acknowledged receipt of their request, but after hearing nothing further from any of the agencies, Leopold and Shapiro filed suit.
    Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
  6. CAUSE OF ACTION INSTITUTE v. BUREAU OF LAND MANAGEMENT (filed Jan 24, 2017)
    Cause of Action Institute submitted a FOIA request to the Bureau of Land Management for records concerning the agency’s land acquisitions. The agency acknowledged receipt of the request. Cause of Action Institute agreed to narrow the scope of its request. The agency provided four spreadsheets obtained from its database, but beyond that, after hearing nothing further from the agency, Cause of Action Institute filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Jan 24, 2017)
    Judicial Watch submitted a FOIA request to the Department of State for records reflecting the number of Refugee Travel Loans provided by the Bureau for Population, Refugees and Migration to the International Organization for Migration, the number of loans defaulted, and the amount of money written off because of defaulted loans. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
  8. ASSASSINATION ARCHIVES AND RESEARCH CENTER, INC. v. CENTRAL INTELLIGENCE AGENCY (filed Jan 25, 2017)
    The Assassination Archives and Research Center submitted a FOIA request to the CIA for records referencing assassination plots against Adolf Hitler. AARC indicated that the records related to the investigations of the Kennedy assassination and the Church Committee. The CIA responded that it found no records. AARC filed an administrative appeal, but after the agency failed to respond, AARC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
  9. ELECTRONIC PRIVACY INFORMATION CENTER v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (filed Jan 25, 2017)
    The Electronic Privacy Information Center submitted a FOIA request to the Office of the Director of National Intelligence for an unredacted copy of the ODNI assessment concerning Russian interference with the 2016 election. EPIC also requested a fee waiver and expedited processing. After hearing nothing further from the agency, EPIC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
  10. Henareh v. The United States et al (filed Jan 26, 2017)
    Siavosh Henareh, an Iranian doctor residing in Romania, who was extradited to the U.S. on drug charges and is now a federal prisoner, submitted FOIA requests to the Executive Office for U.S. Attorneys, the Drug Enforcement Administration, and the Bureau of Prisons for records about himself. None of the agencies responded, and Henareh filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index

From → FOIA, PACER

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