JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE and 12 other new FOIA lawsuits

We have added 47 documents from 10 FOIA cases filed between September 18, 2016 and September 24, 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. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Sep 21, 2016)
   Judicial Watch submitted a FOIA request to the FBI for records of interviews with Barack Obama, Rahm Emanuel, and Valerie Jarrett pertaining to contacts made by former Illinois Gov. Rod Blagojevich inquiring about potential job appointments. Blagojevich was later convicted of various criminal charges, but some of those charges were ordered retried on appeal. The Supreme Court rejected Blagojevich’s petition for certiorari and prosecutors decided not to retry him on any charges. In response to Judicial Watch’s request, the FBI denied its request, citing Exemption 7(A) (interference with ongoing investigation or proceeding). Judicial Watch appealed the denial, but the Office of Information Policy upheld the agency’s decision. Judicial Watch then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
2. Seife v. U.S. Department of Treasury (filed Sep 18, 2016)
   Charles Seife, a journalism professor at New York University, submitted a FOIA request to the Department of the Treasury for records concerning three on-background briefings to the press conducted in 2012, 2013, and 2014. The agency acknowledged receipt of the request. Seife contacted the agency several times for a date of completion estimate, but after the agency failed to provide a substantive response to his request, Seife filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. DeFRAIA v. CENTRAL INTELLIGENCE AGENCY (filed Sep 19, 2016)
   Daniel DeFraia submitted a FOIA request to the CIA for records concerning the CIA’s relationship with Bruce Jensen and James Mitchell, including any contracts. The agency acknowledged receipt of the request but told DeFraia that to search for contracts between the CIA and Jensen and Mitchell would be too burdensome. DeFraia continued to ask for an estimated date of completion, but after hearing nothing further from the agency, DeFraia filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. GUARDIAN NEWS & MEDIA LIMITED v. DEPARTMENT OF JUSTICE (filed Sep 19, 2016)
   The Guardian submitted a FOIA request to the FBI for records concerning individuals associated with protests of the Keystone Pipeline project. The agency split the Guardian’s request into 18 separate requests. It administratively closed 17 of the Guardian’s requests, leaving only one request open. The Guardian then resubmitted 18 requests. The agency acknowledged receipt of the requests, but after hearing further from the agency, the Guardian filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
5. JORDAN v. UNITED STATES DEPARTMENT OF LABOR (filed Sep 19, 2016)
   Jack Jordan, an attorney representing a client in a case against DynCorp International under the Longshore and Harbor Workers’ Compensation Act, submitted several FOIA requests to the Department of Labor for emails forwarded by DynCorp’s counsel to the administrative judge. The agency redacted records under Exemption 5 (privileges), claiming the attorney-client privilege. Jordan appealed several of the requests, which were upheld by the agency on appeal. Jordan then filed suit.
   Issues: Litigation – Attorney’s fees
6. Drobny v. Department of Treasury Inspirator General for Tax Administration (filed Sep 20, 2016)
   Sheldon Drobny, an accountant involved in a case before the U.S. Tax Court, submitted a FOIA request to the Department of Treasury’s Inspector General for Tax Administration for an internal investigation. The agency disclosed some of the records but redacted information under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Drobny filed an appeal of the redactions, which was denied. He then filed suit.
   Issues: Litigation – Attorney’s fees
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Sep 21, 2016)
   Judicial Watch submitted a FOIA request to the Executive Office for U.S. Attorneys and the U.S. Attorney’s Office for the Western District of Texas for records concerning a July 22 meeting held at the U.S. Attorney’s Office for the Western District of Texas pertaining to Judicial Watch and several of its employees. 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. Clark v. James (filed Sep 22, 2016)
   James Clark, submitted a FOIA request to the Department of the Air Force for records about himself. The agency acknowledged receipt of his request and contacted him for clarification, but after hearing nothing further from the agency, Clark filed suit.
   Issues: Failure to respond within statutory time limit
9. JUDICIAL WATCH, INC. v. DEPARTMENT OF DEFENSE (filed Sep 23, 2016)
   Judicial Watch submitted a FOIA request to the Office of Diversity Management and Equal Opportunity at the Department of Defense for records concerning teaching materials provided by the Office for use in Equal Opportunity training throughout the department. 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
10. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Sep 23, 2016)
    Judicial Watch submitted a FOIA request to the Community Relations Service at the Department of Justice for records concerning contacts CRS had with Black Lives Matter. After hearing nothing from the agency, Judicial Watch filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

In addition, we have added 9 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. Villar v. Federal Bureau of Investigation et al (filed Jul 27, 2015)
2. DAVIDSON v. UNITED STATES STATE DEPARTMENT et al (filed Aug 6, 2014)
3. Zaldivar #166954 v. United States Department of Veterans Affairs et al (filed Jul 1, 2014)