LEOPOLD et al v. DEPARTMENT OF JUSTICE and 11 other new FOIA lawsuits

We have added 92 documents from 11 FOIA cases filed between October 30, 2016 and November 5, 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. LEOPOLD et al v. DEPARTMENT OF JUSTICE (filed Nov 1, 2016)
   Journalist Jason Leopold and researcher Ryan Shapiro submitted FOIA requests to the FBI for records concerning investigations of Donald Trump, the Trump Organization, and the Trump Foundation. The agency acknowledged receipt of the requests, 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
2. ALFORD v. MCDONALD (filed Oct 31, 2016)
   Leroy Alford, a disabled veteran, submitted a FOIA request to the Department of Veterans Affairs for an Individual Written Rehabilitation Plan. After the agency failed to respond, Alford filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Heang -v- US Immigration and Customs Enforcement (filed Nov 1, 2016)
   Phalkun Bun Heang, a Cambodian national who had married a U.S. citizen, submitted a FOIA request to U.S. Immigration and Customs Enforcement for a videotape of an interview in which she was allegedly coerced into making false statements the agency used as the basis for deportation proceedings. The agency denied her request on the basis of Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records) to protect the identity of the interviewer. Heang filed an administrative appeal, which the agency initially rejected as untimely. After Heang provided evidence showing her appeal was timely, the agency reopened her appeal. However, after hearing nothing further from the agency, Heang filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Smith v. U.S. Department of Agriculture (filed Nov 1, 2016)
   Matt Smith, an investigative reporter at the Center for Investigative Reporting, submitted a FOIA request to the Department of Agriculture for a variety of records. Smith also asked for a fee waiver. After hearing nothing further from the agency, Smith filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. CAUSE OF ACTION INSTITUTE v. NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION (filed Nov 1, 2016)
   Cause of Action Institute submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning the appointment or reappointment of members of the New England Fishery Management Council. The agency disclosed 19 documents, but redacted portions of three documents as non-responsive. Cause of Action Institute filed an administrative appeal of those redactions. After hearing nothing further from the agency, Cause of Action Institute filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. CAUSE OF ACTION INSTITUTE v. U.S. DEPARTMENT OF THE TREASURY (filed Nov 1, 2016)
   Cause of Action Institute submitted a FOIA request to the Department of the Treasury for records concerning the agency’s special FOIA review process for sensitive information. The agency acknowledged receipt of the request and took a 10-day extension. However, after the agency had not responded to the original request and a follow-up appeal in more than two years, Cause of Action Institute complained to the Office of Government Information Services. OGIS was able to get Treasury to agree to interim responses. However, after several more inquiries to Treasury without success, Cause of Action Institute filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. FEDERATION FOR AMERICAN IMMIGRATION REFORM v. FEDERAL BUREAU OF INVESTIGATION et al (filed Nov 1, 2016)
   The Federation for American Immigration Reform submitted a FOIA request to the FBI for fingerprint identification data relating to criminal aliens. The organization made a second FOIA request to the Bureau of Prisons for data concerning incarcerated criminal aliens. FAIR submitted a third FOIA request to the Office of Justice Programs for data concerning incarceration of criminal aliens. After none of the three offices responded to their request, FAIR filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. AMERICAN CENTER FOR LAW AND JUSTICE v. DEPARTMENT OF JUSTICE (filed Nov 2, 2016)
   The American Center for Law and Justice submitted a FOIA request to the Department of Justice for records concerning the meeting between former President Bill Clinton and Attorney General Loretta Lynch at the Phoenix Airport. ACLJ sent the same request to the FBI. The agency acknowledged both requests, but after hearing nothing further from the agency, ACLJ filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. Sharkey v. U.S. Department of Justice (filed Nov 2, 2016)
   John Sharkey submitted two FOIA requests to the FBI for records concerning alleged surveillance of him that would document interference with his attempts to recover a whistleblower award for allegations involving Bill and Chelsea Clinton. Sharkey does not indicate whether or not his requests were properly submitted or responded to.
   Issues: Failure to respond within statutory time limit
10. CAUSE OF ACTION INSTITUTE v. INTERNAL REVENUE SERVICE (filed Nov 3, 2016)
    Cause of Action Institute submitted a FOIA request to the IRS for records concerning the agency’s processing of Cause of Action Institute’s January 23, 2014 FOIA request concerning improper communications between the White House and the IRS pertaining to confidential taxpayer information. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Cause of Action Institute filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
11. di Montenegro v. Federal Bureau of Investigation (filed Nov 4, 2016)
    Tristan di Montenegro submitted a FOIA request to the FBI for records concerning the FBI’s interactions with him and “civilian proxies.” The agency withheld two records under Exemption 7(E) (investigative methods and techniques). He filed an administrative appeal, which was denied. Di Montenegro then filed suit.
    Issues: Litigation – Attorney’s fees

In addition, we have added 12 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• Smith v. U.S. Department Of Justice et al (filed Oct 25, 2016)