U.S. DEPARTMENT OF STATE FOIA LITIGATION REGARDING EMAILS OF CERTAIN FORMER OFFICIALS and 14 other new FOIA lawsuits, plus case descriptions

We have added 56 documents from 15 FOIA cases filed between August 30, 2015 and September 5, 2015. 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. U.S. DEPARTMENT OF STATE FOIA LITIGATION REGARDING EMAILS OF CERTAIN FORMER OFFICIALS (filed Sep 2, 2015)
   The Department of Justice filed a motion on behalf of the Department of State to consolidate the FOIA cases involving disclosure of former Secretary of State Hillary Clinton’s emails.
   Issues: Litigation – Jurisdiction
2. KING v. UNITED STATES DEPARTMENT OF JUSTICE (filed Sep 3, 2015)
   Richard Alan Young, a federal prisoner, submitted FOIA requests to various components of the Department of Justice for specific case files involving his investigation and conviction. After DOJ failed to respond, Young filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
3. MYRICK v. JOHNSON (filed Sep 4, 2015)
   Jeffrey Myrick, a special agent with Immigration and Customs Enforcement, submitted a FOIA request to the Department of Homeland Security for records concerning special agent Chris Watkins and Operation Coverall. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Myrick filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Aug 31, 2015)
   Judicial Watch submitted a FOIA request to the Department of State for two emails sent to former Secretary of State Hillary Clinton by Huma Abedin and Jake Sullivan, members of her staff, in their original form or with information about the headers in the emails. The agency acknowledged receipt of the request, but after the agency failed to respond within the statutory time limit, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. Ostala v. DCFS (filed Aug 31, 2015)
   Martyna Ostala submitted a records request to the Illinois Department of Children and Family Services for a copy of its investigation report concerning her daughter Olivia. After the agency failed to respond, Ostala filed suit in federal court. Ostala may have a cause of action under the Illinois Freedom of Information Act but not under the federal FOIA.
   Issues: Withholding not related to exemption claims
6. Eleiwa v. Transportation Security Administration (filed Aug 31, 2015)
   Khaled Eleiwa submitted a FOIA request to the Transportation Security Administration for records concerning any investigations of his travel activities in the past five years. The agency acknowledged receipt of the request and subsequently told Eleiwa when he inquired about its status that it was being processed. However, after hearing nothing further from the agency, Eleiwa filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Melville v. Office of The Inspector General (filed Sep 1, 2015)
   Audrey Melville submitted a FOIA request to the Office of the Inspector General at the U.S. Postal Service for the hotline complaint she had made to the Postal Service. The Postal Service released her one-page complaint form with redactions made under Exemption 7(C) (invasion of privacy concerning law enforcement records). Melville contacted the Office of Government Information Services concerning her request. She eventually filed suit.
   Issues: Exemption 7(C) – Invasion of privacy concerning law enforcement records
8. Roman et al v. United States Department of State (filed Sep 1, 2015)
   Jenny Theresa Roman submitted a FOIA request to the Department of State for records concerning the visa application of her husband, Benito Roman Lugo. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Roman filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Nelson v. United States Of America et al (filed Sep 1, 2015)
   Robert Nelson, a federal prisoner, submitted several FOIA requests to the Department of Justice for records concerning his conviction. The Executive Office for U.S. Attorneys acknowledged receipt of his requests. The agency provided some records but Nelson was not satisfied with its response and appealed to the Office of Information Policy. OIP affirmed EOUSA’s decision as to Nelson’s first request, but his second appeal was still pending when Nelson filed suit.
   Issues: Failure to respond within statutory time limit
10. SMITH v. CENTRAL INTELLIGENCE AGENCY (filed Sep 2, 2015)
    Grant Smith, founder of the Institute for Research: Middle Eastern Policy, submitted a FOIA request to the CIA for records concerning intelligence budget line items for support of Israel from 1990-2015. The CIA acknowledged his request and invoked a Glomar response neither confirming nor denying the existence of records. Smith appealed the agency’s decision, but after hearing nothing further from the agency, Smith filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
11. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Sep 3, 2015)
    Judicial Watch submitted a FOIA request to the Department of State for records concerning Bryan Pagliano, a former member of Hillary Clinton’s 2008 campaign staff who was then hired as an IT specialist at the State Department. Judicial Watch also requested expedited processing. The agency acknowledged receipt of the request and granted Judicial Watch’s request for expedited processing. However, 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
12. COMPETITIVE ENTERPRISE INSTITUTE v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Sep 3, 2015)
    The Competitive Enterprise Institute submitted two FOIA requests to the EPA for records concerning email or text messages sent to Michael Bradley from any of three EPA officials, any records showing mail deliveries from either of the three officials to Bradley, and any visitors logs showing visits by Bradley to EPA’s Triangle Park facilities. CEI also requested a fee waiver or to be included in the media fee category. EPA acknowledged receipt of the requests and indicated that neither request would incur fees. However, after hearing nothing further from the agency, CEI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
13. Sikhs for Justice Inc., SFJ v. US Department of State (filed Sep 3, 2015)
    Sikhs for Justice submitted a FOIA request to the Department of State for records about the visa issued to Indian Prime Minister Narendra Modi, who was accused of allowing a massacre of Muslims to take place while he was governor of the state Gujarat. SFJ also requested expedited processing. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, SFJ filed suit.
    Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
14. The New York Times Company et al v. Department of Defense et al (filed Sep 3, 2015)
    New York Times reporter Charlie Savage submitted FOIA requests to a number of agencies for records concerning Executive Order 12333, which regulates intelligence activities in the executive branch. All the agencies acknowledged receipt of Savage’s request, but after none of them had responded, he filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. Ecological Rights Foundation v. Federal Emergency Management Agency (filed Sep 5, 2015)
    The Ecological Rights Foundation submitted a FOIA request to the Federal Emergency Management Agency for records concerning the potential effect of the National Flood Insurance Program on California habitats protected under the Endangered Species Act. The agency acknowledged receipt of the request, but the Foundation heard nothing further from the agency. The Foundation alleged that FEMA has not responded to a large number of requests from various organizations pertaining to its NFIP policies. As a result, the Foundation filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees