ASSOCIATED PRESS et al v. FEDERAL BUREAU OF INVESTIGATION and 14 other new FOIA lawsuits

We have added 49 documents from 10 FOIA cases filed between September 11, 2016 and September 17, 2016. 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. ASSOCIATED PRESS et al v. FEDERAL BUREAU OF INVESTIGATION (filed Sep 16, 2016)
   The Associated Press, USA Today, and journalist Jason Leopold all submitted FOIA requests to the FBI for records concerning the FBI’s publicly-acknowledged purchase of a device that allowed it to break into iPhones in relation to its investigation of the San Bernandino shooting. All three requests were denied by the FBI under Exemption 7(A) (ongoing investigation or proceeding). The requesters all appealed the agency’s decision. All of their appeals were denied by the agency. AP, Gannett, and Vice News then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
2. JUDKINS v. DEPARTMENT OF TREASURY (filed Sep 12, 2016)
   Joseph Judkins, an attorney with Baker & McKenzie, submitted a FOIA request to the Department of Treasury for records concerning various tax policy regulations published in the Federal Register in the 1980s. He noted that the 2016 FOIA amendments contained a provision prohibiting agencies from claiming the deliberative process privilege for records more than 25 years old. The agency took a 10-day extension, but after hearing nothing further from the agency, Judkins filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. AMERICAN CENTER FOR EQUITABLE TREATMENT, INC. v. THE OFFICE OF MANAGEMENT AND BUDGET (filed Sep 12, 2016)
   The American Center for Equitable Treatment submitted several FOIA requests to OMB for records concerning implementation of the Paperwork Reduction Act. After the agency failed to respond, the Center filed an appeal. After hearing nothing further from the agency, the Center filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
4. WATERMAN v. INTERNAL REVENUE SERVICE (filed Sep 12, 2016)
   Bradley Waterman submitted a FOIA request to the IRS for a report prepared by the agency concerning allegations that Waterman had engaged in improper conduct during his representation of a client before the IRS. The agency responded by indicating that it would withhold 20 pages from the report in full and two pages with redactions. Waterman appealed the denial, which was upheld by the agency. Waterman then filed suit.
   Issues: Litigation – Attorney’s fees
5. LEOPOLD et al v. DEPARTMENT OF TREASURY et al (filed Sep 12, 2016)
   Journalist Jason Leopold and researcher Ryan Shapiro submitted a FOIA request to the IRS for records concerning Donald Trump’s tax audit. Leopold and Shapiro also submitted two FOIA requests to the FBI for records concerning Trump’s statements implying that Second Amendment advocates might harm Hillary Clinton and that Russia should hack Clinton’s emails. After hearing nothing further from the agencies, Leopold and Shapiro filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Hohman v. Internal Revenue Service et al (filed Sep 12, 2016)
   Jodi Hohman submitted a FOIA request to the IRS for records concerning two investigations conducted by the Treasury Inspector General for Tax Administration. The agency denied the request in part. Hohman appealed and the agency upheld its original decision. She then filed suit.
   Issues: Litigation – Attorney’s fees
7. Kinney vs Central Intelligence Agency (filed Sep 12, 2016)
   Leslie Kinney submitted a FOIA request to the CIA for records concerning Harold Nichols, who had served with the Office of Strategic Services, the predecessor to the CIA, during World War II. The agency issued a Glomar response neither confirming nor denying the existence of records concerning Nichols. Kinney filed an appeal, which was upheld by the agency. Kinney then filed suit.
   Issues: Litigation – Attorney’s fees
8. LEOPOLD et al v. CENTRAL INTELLIGENCE AGENCY (filed Sep 13, 2016)
   Journalist Jason Leopold and researcher Ryan Shapiro submitted a FOIA request to the CIA for records referenced in the public portions of the Senate Intelligence Committee’s report on the use of torture. The CIA acknowledged receipt of the request, but after hearing nothing further from the agency, Leopold and Shapiro filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Charles Seife v. U.S. Department of State (filed Sep 13, 2016)
   Charles Seife, a journalism professor at New York University, submitted a FOIA request to the Department of State for records concerning “on background” communications with reporters from 2009