FOIA Activity: 187 new FOIA court documents, plus case descriptions

We have added 184 documents from 23 FOIA cases filed between March 17, 2019 and March 23, 2019. 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. Center for Media Justice et al v. Federal Bureau of Investigation et al (filed Mar 21, 2019)
   The Center for Media Justice and the ACLU submitted a FOIA request to the FBI for records concerning the agency’s surveillance of blacks based on a purported shared ideology. The FBI divided the request into two separate requests. It disclosed 320 heavily redacted pages citing Exemption 5 (privileges), Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(E) (investigative methods and techniques). The Center for Media Justice and the ACLU filed an administrative appeal, challenging the agency’s search and its exemption claims. After hearing nothing further from the agency, the Center for Media Justice and the ACLU filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. ADVANCEMENT PROJECT v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Mar 20, 2019)
   The Advancement Project submitted a FOIA request to the Department of Homeland Security for records concerning the enforcement collaboration between U.S. Immigration and Customs Enforcement and the Commonwealth of Virginia and records concerning the Victims of Immigration Crime Engagement Office. The Advancement Project also requested expedited processing and a fee waiver. The agency denied both. The Advancement Project filed an administrative appeal and the agency granted its request for a fee waiver. But after hearing nothing further from the agency, the Advancement Project filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
3. CASILLAS-PRIETO v. UNITED STATES MARSHAL SERVICE et al (filed Mar 20, 2019)
   Alejandro Casillas-Prieto, a federal prisoner, submitted a number of FOIA requests to U.S. Marshals Service for records concerning his confinement in the Fannin County, Texas jail while in the custody of the Marshals Service. After hearing nothing further from the agency, Casillas-Prieto filed suit.
   Issues: Failure to respond within statutory time limit
4. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF JUSTICE et al (filed Mar 20, 2019)
   American Oversight submitted FOIA requests to the Department of Justice, the Department of State, the Department of Health and Human Services, and the Department of Homeland Security for records concerning communications with presidential advisor Stephen Miller or his former assistant McLaurine Kingler. The agencies acknowledged receipt of the requests. The Administration for Children and Families told AO that it could not open its email attachment. AO resubmitted the request. U.S. Immigration and Customs Enforcement told AO that it had no records. AO filed an administrative appeal of the no records decision. ICE then told AO that it was able to conduct a search for Miller’s communications. After hearing nothing further from any of the agencies, AO filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. JUDICIAL WATCH, INC. v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE et al (filed Mar 20, 2019)
   Judicial Watch submitted a FOIA request to the Office of the Director of National Intelligence for records concerning communications between the agency and former ODNI director James Clapper and CNN. The agency did not acknowledge receipt of the request. Judicial Watch also submitted a FOIA request to the CIA for similar records pertaining to Clapper and CNN. 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
6. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Mar 20, 2019)
   Judicial Watch submitted a FOIA request to the Department of State for records concerning communications between agency officials and former Secretary of State John Kerry pertaining to the Iran nuclear deal and any meetings Kerry had with Iranian officials to discuss the deal. 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
7. CAUSE OF ACTION INSTITUTE v. UNITED STATES DEPARTMENT OF COMMERCE (filed Mar 20, 2019)
   Cause of Action Institute submitted two FOIA requests to the Department of Commerce for records concerning the Secretary’s final report regarding Section 232 National Security Investigation of Imports of Automobiles. CoA also requested a fee waiver. The agency acknowledged receipt of the second FOIA request, but not the first request. After hearing nothing further from the agency, CoA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. CENTER FOR BIOLOGICAL DIVERSITY v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (filed Mar 21, 2019)
   The Center for Biological Diversity submitted a FOIA request to the National Highway Traffic Safety Administration for records concerning why the agency did not perform a review under the Endangered Species Act pertaining to its proposed revisions of the Safer Affordable Fuel-Efficient Vehicles Rule. The agency acknowledged receipt of the request. The agency provided a final response to CBD in which said it had considered the ESA in its environmental impact statement but that it was withholding all drafts of the report under Exemption 5 (privileges). CBD filed an administrative appeal, which was denied. CBD then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
9. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE et al (filed Mar 21, 2019)
   Judicial Watch submitted a FOIA request to the Department of State for records concerning the agency’s funding of various non-profit groups in Poland. The agency acknowledged receipt of the request. Judicial Watch submitted a FOIA request to U.S. Agency for International Development for records pertaining to USAID’s funding of the Polish non-profit groups. The agency acknowledged receipt of that request. After hearing nothing further from either agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
10. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Mar 21, 2019)
    Judicial Watch submitted a FOIA request to the Bureau of Prisons for records concerning BOP contracts or awards to the Nation of Islam to provide religious studies services to inmates. 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
11. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Mar 21, 2019)
    Judicial Watch submitted two FOIA requests to the FBI for records concerning communications between agency officials, including its Miami office, and CNN pertaining to the arrest of Roger Stone. Judicial Watch also submitted a FOIA request to the Justice Department’s Office of Special Counsel for records pertaining to communications between officials and CNN regarding the arrest of Roger Stone. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, Judicial Watch filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. MORLEY v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (filed Mar 21, 2019)
    Reporter Jefferson Morley submitted a FOIA request to the Board of Governors of the Federal Reserve System for records. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Morley filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Mar 22, 2019)
    Judicial Watch submitted two FOIA requests to the FBI for records concerning communications between agency officials, including its Miami office, and CNN pertaining to the arrest of Roger Stone. Judicial Watch also submitted a FOIA request to the Justice Department’s Office of Special Counsel for records pertaining to communications between officials and CNN regarding the arrest of Roger Stone. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, Judicial Watch filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
14. JUDICIAL WATCH, INC. v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (filed Mar 22, 2019)
    Judicial Watch submitted a FOIA request to the Office of the Director of National Intelligence for records concerning a meeting between staff from the Intelligence Community Inspector General and former FBI deputy assistant director Peter Stzrok regarding security threats posed by Hillary Clinton’s use of a private email server. 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
15. ELECTRONIC PRIVACY INFORMATION CENTER v. UNITED STATES DEPARTMENT OF JUSTICE (filed Mar 22, 2019)
    The Electronic Privacy Information Center submitted a FOIA request for records concerning the investigation into Russian interference with the 2016 presidential election. EPIC also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, EPIC filed suit.
    Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. Gooch v. Office of the Director of National Intelligence (filed Mar 22, 2019)
    Milton Gooch submitted a FOIA request to the Office of the Director of National Intelligence for records concerning himself. Gooch had recently filed a complaint with the Inspector General for the Intelligence Community. The agency responded to Gooch’s FOIA request by providing a copy of his complaint. Gooch filed an administrative appeal of the decision, but after hearing nothing further from the agency, Gooch filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
17. Immigrant Defense Project v. United States Immigration and Customs Enforcement (filed Mar 21, 2019)
    The Immigrant Defense Project submitted a FOIA request to U.S. Immigration and Customs Enforcement for records in the agency’s New York and Buffalo offices’ concerning the agency’s policy of courthouse arrests of immigrants. The agency acknowledged receipt of the request and told the Immigrant Defense Project that it could find no records. The Project filed an administrative appeal. ICE remanded the case for a further search. After hearing nothing further from the agency, the Immigrant Defense Project filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. Ortega et al v. Treasury Department (filed Mar 22, 2019)
    Saul Ortega and David Rodgers, who were involved in an administrative proceeding brought by the Office of the Comptroller of the Currency as the result of a bank failure, submitted a FOIA request to the Department of Treasury for records concerning a November 2018 document entitled Ratification of Administrative Law Judge Appointments. The agency acknowledged receipt of the request. The agency responded by providing 13 heavily-redacted pages. Ortega and Rodgers filed an administrative appeal of the decision, but after hearing nothing further from the agency, Ortega and Rodgers filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
19. MANATT et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Mar 19, 2019)
    Daniel Manatt, an attorney and documentary filmmaker, and Garen Meguerian, an attorney, submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning it zero-tolerance policy. Manatt and Meguerian also requested a fee waiver. The agency acknowledged receipt of the request. The agency told Manatt and Meguerian that it was searching for responsive records. After hearing nothing further from the agency, Manatt and Meguerian filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
20. Southern Environmental Law Center et al v. Miranda et al (filed Mar 19, 2019)
    The Southern Environmental Law Center to the U.S. Fish and Wildlife Service for records concerning changes in Region Four’s policies for de-listing or downgrading species. The agency acknowledged receipt of the request. The agency provided a partial response of 42 pages, but after hearing nothing further from the agency, SELC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
21. Immigrant Defenders Law Center et al v. United States Immigration and Customs Enforcement, et al (filed Mar 20, 2019)
    Law Professor Jennifer Kob, on behalf of the Immigrant Defenders Law Center at Western State College of Law, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the agency’s cooperation with the Union Pacific Railroad Police pertaining to immigrant enforcement activity. The Immigrant Defenders Law Center also requested a fee waiver. The agency asked Kob to narrow her request, which she did. The agency also told Kob that she would be included in the educational institution fee category. The agency responded to Kob’s request by telling her that it found no responsive records. Kob filed an administrative appeal of the no records response, but after hearing nothing further from the agency, the Immigrant Defenders Law Center filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
22. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. U.S. DEPARTMENT OF THE NAVY (filed Mar 20, 2019)
    Public Employees for Environmental Responsibility submitted a FOIA request to the Department of the Navy for records concerning the agency’s relationship with Tetra Tech and the work conducted cleaning up toxic waste at Hunters Point Navy Yard located near San Francisco Bay. The agency acknowledged receipt of the request. The agency subsequently told PEER that it was making an online interim disclosure. However, PEER was unable to open the link cited in the Navy’s letter. The Navy also told PEER that the rest of its request qualified for unusual circumstances. After hearing anything further from the agency, PEER filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
23. Sierra Club v. Department of the Interior (filed Mar 22, 2019)
    The Sierra Club submitted FOIA requests to the Department of the Interior for records concerning the influence of third parties on the Department’s policies. The agency acknowledged receipt of the requests, but after it failed to respond satisfactorily, the Sierra Club filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

In addition, we have added 3 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• HILL v. FEDERAL BUREAU OF INVESTIGATIONS (filed Mar 11, 2019)