CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. OFFICE OF MANAGEMENT AND BUDGET et al

We have added 79 documents from 13 FOIA cases filed between November 17, 2019 and November 23, 2019. 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. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. OFFICE OF MANAGEMENT AND BUDGET et al (filed Nov 20, 2019)
   Citizens for Responsibility and Ethics in Washington submitted FOIA requests to OMB, Department of Defense, and the Department of State. CREW’s request to OMB asked for records concerning security assistance or military aid to Ukraine. CREW’s requests to DOD and State asked for records concerning communications sent to or from OMB pertaining to security assistance or military aid to Ukraine. CREW also requested a fee waiver. The agencies acknowledged receipt of the requests. DOD told CREW that its request qualified for unusual circumstances. After hearing nothing further from the agencies, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. WILD HORSE FREEDOM FEDERATION v. NATIONAL PARK SERVICE (filed Nov 20, 2019)
   The Wild Horse Freedom Foundation submitted a FOIA request to the National Park Service for records concerning funding for the trapping, removal, or relocation of burros from the Mohave National Reserve, Death Valley National Park, and from the vicinity around Aja, Arizona, or the Mexican border. The agency acknowledged receipt of the request but after hearing nothing further from the agency, WHFF filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. MARTINEZ v. U.S. DEPARTMENT OF JUSTICE (filed Nov 22, 2019)
   Freddy Martinez, a journalist, submitted a FOIA request to the Department of Justice for records concerning communications maintained by the Office of Legal Counsel pertaining to its review of the Trump administration’s travel ban. The agency acknowledged receipt of the request and told Martinez that his request was placed on the complex track for processing. After hearing nothing further from the agency, Martinez filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. NATURAL RESOURCES DEFENSE COUNCIL v. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL MARINE FISHERIES SERVICE (filed Nov 22, 2019)
   The Natural Resources Defense Council submitted a FOIA request to the National Marine Fisheries Service for records related to the reinitiated Endangered Species Act Section 7 consultation on the Coordinated Long-term Operation of the Central Valley Project and State Water Project and endangered winter-run Chinnook salmon and threatened spring-run Chinnook salmon. The agency acknowledged receipt of the request and subsequently told NRDC that it would provide an interim response. However, after hearing nothing further from the agency, NRDC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. Mullane v. Department of Justice et al (filed Nov 19, 2019)
   Jonathan Mullane submitted a FOIA request to the Department of Justice for records about himself. He also requested expedited processing and a fee waiver. He submitted a second request to the agency under the Privacy Act for records about himself. The agency acknowledged receipt of the requests but denied his requests for expedited processing and a fee waiver. Mullane filed an administrative appeal. The agency ultimately disclosed two pages with redactions. Mullane also submitted FOIA and Privacy Act requests to the Securities and Exchange Commission for records about himself. He also requested expedited processing and a fee waiver for those requests. The agency acknowledged receipt of the requests. After hearing nothing further from either agency, Mullane filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Reid v. United States Citizenship and Immigration Services et al (filed Nov 19, 2019)
   Everod Reid, a lawful permanent resident, submitted FOIA requests to U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review for records concerning his Alien file. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, Reid filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Nov 18, 2019)
   Citizens United submitted a FOIA request to the Department of State for records concerning emails sent to or from the former Deputy Chief of Mission in Kyiv, Ukraine and Senior Anti-Corruption Coordinator George Kent mentioning Hunter Biden or Burisma. Citizens United also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Citizens United filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. NATIONAL STUDENT LEGAL DEFENSE NETWORK v. UNITED STATES DEPARTMENT OF EDUCATION (filed Nov 18, 2019)
   The National Student Legal Defense Network submitted a FOIA request to the Department of Education for records concerning information on earnings data provided by the Social Security Administration under a now-expired memo of understanding used to calculate student earnings for purposes of participating in Title IV of the federal student aid program. The agency acknowledged receipt of the request and told NSLDN that it would be unable to respond within 20 days. After hearing nothing further from the agency, NSLDN filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. EDDINGTON v. FEDERAL BUREAU OF INVESTIGATION et al (filed Nov 18, 2019)
   Patrick Eddington, a researcher at the Cato Institute, submitted a FOIA request to the FBI for records concerning various entities, including two Russian nationals. The agency acknowledged receipt of the request and assigned a tracking number to search for records concerning Lavabit. The FBI then told Eddington that his request was too vague to conduct a search. Eddington filed an administrative appeal, asking for expedited processing. The agency denied Eddington’s request for expedited processing for his appeal and later denied the appeal entirely. After hearing nothing further from the agency, Eddington filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
10. Funcia v. New York Stock Exchange NYSE Group et al (filed Nov 18, 2019)
    Jesus Manuel Funcia filed suit against the New York Stock Exchange. This is not a FOIA claim.
    Issues: FOIA not mentioned
11. DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF STATE (filed Nov 20, 2019)
    Democracy Forward Foundation submitted a FOIA request to the Department of State for records concerning communications or meetings between John Solomon and a list of officials at the agency. DFF also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted DFF’s requests for expedited processing and a fee waiver. After hearing nothing further from the agency, DFF filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Nov 20, 2019)
    The ACLU of Michigan submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the agency’s wrongful arrest of Jilmar Ramos-Gomez, a U.S. citizen and Marine veteran. The ACLU of Michigan also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the ACLU of Michigan filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Malone v. Department of the Treasury et al (filed Nov 20, 2019)
    Dean Malone submitted FOIA requests to the IRS for records showing why he had not received a refund for overpayment of taxes. The IRS rejected his requests because they did not provide the required identification. After the agency failed to respond further, Malone filed suit.
    Issues: Request – Perfected request

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

• DAY v. UNITED STATES DEPARTMENT OF DEFENSE (filed Nov 12, 2019)