136 new FOIA court documents, plus case descriptions

We have added 136 documents from 22 FOIA cases filed between November 16, 2014 and November 29, 2014. 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. HARMON v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Nov 17, 2014)
   Jeb-Michael Harmon, a student at American University, submitted a FOIA request to the EPA for records referencing greenhouse gases that were sent to Michael Goo, a former EPA official and Alex Barron, a current EPA official. Harmon also requested a fee waiver. The agency denied Harmon’s request for a fee waiver and asked him to commit to pay fees. He refused to commit to pay fees and because the agency did not provide appeal rights for challenging such a commitment to pay, Harmon filed suit.
   Issues: Fees, Litigation – Attorney’s fees, Withholding not related to exemption claims
2. ASHLEY v. U.S. DEPARTMENT OF JUSTICE (filed Nov 17, 2014)
   Jonathan Ashley, a reference librarian at the University of Virginia Law School, submitted a FOIA request to the Executive Office for U.S. Attorneys for 30 non-prosecution agreements and/or deferred prosecution agreements. Ashley also asked for inclusion under the educational fee category. He also asked for a fee waiver. Ashley received a letter from the Office of Information Policy referring the request to EOUSA. However, after hearing nothing further from the agency, Ashley filed suit.
   Issues: Failure to respond within statutory time limit, Fee Category – Media or Educational, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
3. Etessami v. Customs and Border Protection (filed Nov 17, 2014)
   Alireza Etessami applied for a visa at the U.S. Embassy in Caracas, Venezuela. He was told that he could not get a visa until he could show that his previous stay in the U.S. was legal. Several attorneys representing him submitted FOIA requests to U.S. Customs and Border Protection for relevant records. After hearing nothing further from the agency, Etessami filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Solers, Inc. v. Internal Revenue Service (filed Nov 17, 2014)
   Solers, Inc., an information technology solutions provider for the federal and commercial sector, submitted a FOIA request to the IRS for documents related to its tax liability and potential assessed penalties. The agency responded by withholding 32 pages in full and 26 pages in part under Exemption 7(A) (ongoing investigation or proceeding), Exemption 3 (other statutes), and Exemption 5 (privileges). Solers, Inc. appealed the decision and the agency upheld its denial. Solers, Inc. then filed suit.
   Issues: Exemption 3, Exemption 5 – Privileges, Exemption 7(A) – Interference with ongoing investigation, Litigation – Attorney’s fees
5. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Nov 18, 2014)
   Judicial Watch submitted a FOIA request to the Department of Defense for records concerning the agency’s decision to transfer five detainees held at Guantanamo Bay to Qatar. The agency acknowledged receipt of the request and asked Judicial Watch for clarification. Judicial Watch clarified that it was seeking information particularly about the determination that the five individuals were no longer a threat to national security. After hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Nov 18, 2014)
   Judicial Watch submitted a FOIA request to the Department of Defense for records related to payment by the U.S. or a third party to another state as part of the agreement for the release of Sgt. Bowe Bergdahl from captivity in Afghanistan. The agency acknowledged receipt of the request and told Judicial Watch that it would be unable to respond within the statutory time limit. Judicial Watch then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Nov 18, 2014)
   Judicial Watch submitted a FOIA request to the Department of State for records concerning any payment made by the U.S. or a third party to another state as part of the agreement for the release of Sgt. Bowe Bergdahl from captivity in Afghanistan. After hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. The Ohio State University Moritz College of Law Civil Clinic et al v. United States Customs and Border Protection (filed Nov 18, 2014)
   The Civil Clinic at Ohio State University’s Moritz College of Law submitted a FOIA request to Customs and Border Protection for records concerning the agency’s Sandusky Bay Border Patrol’s practices and procedures regarding racial profiling. The Civil Clinic also requested a fee waiver. After hearing nothing further from the agency, the Civil Clinic filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver
9. ATTKISSON et al v. U.S. DEPARTMENT OF JUSTICE (filed Nov 19, 2014)
   Journalist Sharyl Attkisson and Judicial Watch submitted FOIA requests to the FBI for records concerning Attkisson. The agency acknowledged receipt of the requests and asked Judicial Watch to submit a certification of identity form signed by Attkisson. Attkisson provided the form, but after hearing nothing further from the agency, Attkisson and Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
10. DE SOUSA v. CENTRAL INTELLIGENCE AGENCY et al (filed Nov 19, 2014)
    Sabrina De Sousa worked at the U.S. Embassy in Italy at the time that Abu Omar was renditioned by the U.S. and sent from Italy to Egypt where he was tortured. Italian authorities indicted De Sousa and 25 others for their alleged role in the rendition of Abu Omar and tried and convicted De Sousa and others in absentia. Because De Sousa might be extradited if she traveled abroad, she was not allowed to leave the U.S. and ultimately resigned from the State Department. She submitted FOIA requests to State, the CIA, and the Department of Defense for records pertaining to the U.S. government’s investigation of Abu Omar’s rendition as well as determinations concerning the government’s obligation to defend her. The CIA issued a Glomar response neither confirming nor denying the existence of records. The other agencies did not substantively respond to her requests and De Sousa finally filed suit.
    Issues: Determination – Glomar response, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. JUDICIAL WATCH, INC. v. INTERNAL REVENUE SERVICE (filed Nov 19, 2014)
    Judicial Watch submitted a FOIA request to the IRS for any records of tax-exempt organizations provided to the FBI. The IRS acknowledged receipt of the request and took a 10-day extension. It later took a further extension, but after receiving no response from the agency, Judicial Watch filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Nov 19, 2014)
    Judicial Watch submitted a FOIA request to the FBI for records of any tax-exempt organizations provided by the IRS. The FBI acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
13. The New York Times Company v. United States Department of Justice (filed Nov 19, 2014)
    The New York Times submitted a FOIA request to the Justice Department’s Executive Office for U.S. Attorneys for records of attorney’s fees paid to prevailing plaintiffs in FOIA law suits in the Southern District of New York since 2009. Although the Times made numerous attempts to contact EOUSA concerning the status of its request, after hearing nothing from the agency it filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Rock Creek Alliance et al v. U.S. Fish and Wildlife Service (filed Nov 20, 2014)
    Rocky Creek Alliance submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning the environmental impact of the Rock Creek and Montanore Mine projects on several species. The agency provided some records, but withheld 39 records under Exemption 5 (privileges). Rocky Creek Alliance filed an administrative appeal, but after hearing nothing further from the agency, Rocky Creek Alliance filed suit.
    Issues: Exemption 5 – Privileges, Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. HARLOW CAPITAL MANAGEMENT, LLC v. U.S. SECURITIES AND EXCHANGE COMMISSION (filed Nov 20, 2014)
    Harlow Capital Management submitted a FOIA request to the SEC for records of any complaints or investigations of Harlow Capital Management. The SEC denied the request under Exemption 7(A) (ongoing investigation or proceeding). When Harlow Capital Management appealed, the agency upheld the denial. Shortly thereafter, the agency informed Harlow Capital Management that the SEC investigation of the company was concluded. Harlow Capital Management then asked for the records again. This time, the agency indicated that it had provided predisclosure notification to a third party whose records were in the file of the agency’s investigation of Harlow Capital Management. After hearing nothing further about the request, Harlow Capital Management filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
16. Tamez-Shaftel v. Kerry (filed Nov 20, 2014)
    Fabian Tamez, a resident of Mexico, submitted a FOIA request to the Department of State for records about himself. Tamez indicated that he supposedly had U.S. citizenship through his mother but had allegedly renounced it when he turned 18. The agency provided some, but not all, the documents it located. Tamez filed an administrative appeal, but the agency had already indicated that since it had missed its time-frame for responding Tamez was free to file suit. Tamez subsequently filed suit.
    Issues: Failure to respond within statutory time limit
17. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Nov 21, 2014)
    Judicial Watch submitted a FOIA request to the Office of Information Policy for records concerning meetings between Al Sharpton and Attorney General Eric Holder. OIP acknowledged receipt of the request and took an extension. Judicial Watch also submitted a FOIA request to the Justice Department’s Civil Rights Division for records of any meetings between Sharpton and Civil Rights Division head Tom Perez or others in the Civil Rights Division. The agency acknowledged receipt of the request, but after hearing nothing further, Judicial Watch filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
18. MICROSOFT CORPORATION v. INTERNAL REVENUE SERVICE (filed Nov 24, 2014)
    Microsoft submitted a FOIA request to the IRS for records related to a contract awarded to the law firm of Quinn Emanuel in connection with an agency examination of Microsoft’s taxes. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Microsoft filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
19. LEOPOLD v. DEPARTMENT OF JUSTICE (filed Nov 24, 2014)
    Journalist Jason Leopold submitted a FOIA request to EOUSA for records concerning the Justice Department’s prosecution of the HSBC Bank litigation supervised by the U.S. Attorney for the Eastern District of New York Loretta Lynch, who has been nominated by President Obama to become Attorney General. Leopold asked for expedited processing and a fee waiver. After hearing nothing from the agency, Leopold filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
20. LEOPOLD v. CENTRAL INTELLIGENCE AGENCY (filed Nov 24, 2014)
    Journalist Jason Leopold submitted a FOIA request to the CIA for an Inspector General’s report concerning the agency’s use of drugs for purposes of interrogation. The agency acknowledged receipt of the request, but Leopold heard nothing further from the agency pertaining to his request. He submitted a second FOIA request for 21 unclassified IG reports. He also asked for a fee waiver. The agency acknowledged receipt of his second FOIA request and granted his request for a fee waiver. However, after hearing nothing further from the agency, Leopold filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
21. Baker v. Federal Bureau of Investigation (filed Nov 24, 2014)
    Ben Baker submitted a FOIA request to the FBI for records concerning the agency’s investigation of Chicago police officer Ronald Watts for stealing drugs from a courier who was an informant in an FBI undercover sting. The agency acknowledged receipt of the request and told Baker that he needed to show a public interest in disclosure. Baker appealed the agency’s decision, which was upheld. Baker then filed suit.
    Issues: Exemption 7(C) – Invasion of privacy concerning law enforcement records, Litigation – Attorney’s fees
22. ALSARI v. DEPARTMENT OF HOMELAND SECURITY et al (filed Nov 26, 2014)
    Ali Hussain AlSari submitted a FOIA request to the Department of Homeland Security for all records pertaining to him. The agency acknowledged receipt of the request and asked for further information. AlSari indicated that he was having trouble traveling and the agency referred the request to TSA and Customs and Border Protection. AlSari heard nothing further from the agency. AlSari also submitted FOIA requests directly to TSA and CBP. The requests were acknowledged but no further substantive action was taken. AlSari also submitted a request to Immigration and Customs Enforcement for records related to him. The agency indicated it had located two responsive pages and intended to redact those pages. AlSari filed an administrative appeal with ICE but heard nothing further from the agency. AlSari also submitted a request to the Office of Foreign Assets Control at the Department of Treasury. The agency acknowledged receipt of the request, but AlSari heard nothing further from the agency. AlSari also submitted a request to the FBI for records about him. The agency acknowledged receipt of the request, but AlSari heard nothing further from the agency. AlSari finally filed suit against all the agencies.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees