JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE and 8 other new FOIA lawsuits

We have added 45 documents from 8 FOIA cases filed between October 9, 2016 and October 15, 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 Oct 13, 2016)
   Judicial Watch submitted a request to the FBI for records concerning its investigation of Hillary Clinton’s email server. The agency divided Judicial Watch’s request into three separate requests. It then told Judicial Watch it was administratively closing one request because it was duplicative of the others. Judicial Watch filed an administrative appeal of the agency’s decision to close its request. The agency subsequently told Judicial Watch it was processing all three requests. 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
2. Facebook, Inc. and Subsidiaries v. Internal Revenue Service (filed Oct 11, 2016)
   Facebook, Inc. submitted two FOIA requests to the IRS for records concerning tax audits of the company. The agency acknowledged both requests, but told Facebook it could not process them within the 20 working day time limit. The agency also sent a letter requesting $19,598 to cover processing of the requests. Facebook paid the requested fees, but after hearing nothing further from the agency, Facebook filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. JUDICIAL WATCH, INC. v. UNITED STATES DEPARTMENT OF STATE (filed Oct 11, 2016)
   Judicial Watch submitted a FOIA request to the Department of State for records concerning the agency’s decision to delete from its Youtube channel an exchange between Fox News Reporter James Rosen and State spokeswoman Jen Psaki regarding Iranian nuclear negotiations. 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
4. Southeastern Legal Foundation, Inc. v. United States Environmental Protection Agency (filed Oct 11, 2016)
   The Southeastern Legal Foundation submitted a FOIA request to the EPA for records concerning the schedules of two employees. The organization also asked for a fee waiver. The agency acknowledged receipt of the request and granted the fee waiver. After hearing nothing further from the agency, SLF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Gahagan v. United States Citizenship and Immigration Services (filed Oct 11, 2016)
   Immigration attorney Michael Gahagan submitted a FOIA request to U.S. Citizenship and Immigration Services for the Form I-485 Receipt Notice for his client. The agency acknowledged receipt of the request, but after the agency failed to respond within the statutory time limits, Gahagan filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. LINDSEY v. FEDERAL BUREAU OF INVESTIGATION (filed Oct 12, 2016)
   David Lindsey, a graduate student at Princeton University, submitted a FOIA request to the FBI for records concerning government contacts with Imad Hage, an unofficial Iraqi emissary during the period leading up to the invasion of Iraq. The FBI acknowledged receipt of the request, but told Lindsey that he had not shown a sufficient public interest in disclosure that would outweigh a Glomar response neither confirming nor denying the existence of records. Lindsey filed an administrative appeal and the Office of Information Policy affirmed the FBI’s decision. Lindsey then filed
   Issues: Litigation – Attorney’s fees
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Oct 13, 2016)
   Judicial Watch submitted FOIA requests to the Department of Homeland Security and the Department of State for records concerning the Tablighi Jamaat Project. Both agencies acknowledged receipt of the request and Homeland Security further indicated that the request had been referred to U.S. Customs and Border Protection and the Office of Civil Rights and Civil Liberties. After hearing nothing further from either agency, Judicial Watch filed suit against both agencies.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. Marketing Resource Solutions Inc et al v. Internal Revenue Service (filed Oct 14, 2016)
   Marketing Resource Solutions submitted a FOIA request to the IRS for its administrative tax file. The IRS denied the request on the basis of Exemption 7(A) (ongoing investigation or proceeding). MRS filed an administrative appeal, but after hearing nothing further from the agency. MRS filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

In addition, we have added 5 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• Micolo v. O'Neill (filed Oct 3, 2016)