WITTES et al v. FEDERAL BUREAU OF INVESTIGATION and 16 other new FOIA lawsuits, plus case descriptions

We have added 122 documents from 15 FOIA cases filed between December 15, 2019 and December 21, 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. WITTES et al v. FEDERAL BUREAU OF INVESTIGATION (filed Dec 18, 2019)
   Benjamin Wittes and Scott Anderson, editors of Lawfare, submitted two FOIA requests to the FBI for records. Their first FOIA request asked for records concerning any accusations of misconduct against any FBI employee for participating in partisan politics. Their second FOIA request focused on a PowerPoint presentation given to senior officials making specific reference to former FBI employees Lisa Page and Peter Strzok. Wittes and Anderson then made 16 additional FOIA requests for records containing employees’ negative statements referring to either Donald Trump or Hillary Clinton. Wittes and Anderson also requested expedited processing and fee waivers for all their requests. The agency acknowledged receipt of the requests. After hearing nothing further from the agency Wittes and Anderson filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
2. Sierra Club v. U.S. Department of Interior et al (filed Dec 19, 2019)
   The Sierra Club submitted a FOIA request to the Office of Surface Mining for records concerning for consultations with the U.S. Fish and Wildlife Service under the Endangered Species Act. The agency acknowledged receipt of the request but after the Sierra Club made several unsuccessful attempts to check the status of the request, the Sierra Club filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. The Center for Investigative Reporting et al v. Treasury, Dept of (filed Dec 16, 2019)
   Aaron Glantz, a reporter for the Center for Investigative Reporting, submitted a FOIA request to the Department of Treasury for records concerning real estate purchased with cash of which FinCen is aware. Glantz also requested inclusion in the news media fee category. The agency responded with a Glomar response neither confirming nor denying the existence of records, citing the Bank Secrecy Act under Exemption 3 (other statutes). Glantz filed an administrative appeal. The agency remanded the request for further processing. After hearing nothing further from the agency, Glantz and CIR filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. FLYERS RIGHTS EDUCATION FUND, INC et al v. FEDERAL AVIATION ADMINISTRATION (filed Dec 16, 2019)
   The Flyers Rights Education Fund submitted a FOIA request to the Federal Aviation Administration for records concerning software changes made to the Boeing 737 MAX. The Fund also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency the Flyers Rights Education Fund filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
5. State of New York v. The U.S. Department of the Interior et al (filed Dec 16, 2019)
   The State of New York submitted a FOIA request to the Department of Interior for records concerning the agency’s implementation of E.O. 13,771 on regulatory reform, particularly communications with OMB. The State also requested a fee waiver. The agency acknowledged receipt of the request. The State of New York sent a second FOIA request to OMB for records concerning communications between the agency and the Department of Interior, Department of Energy, and the EPA pertaining to implementation of E.O. 13,771. The State also requested a fee waiver. OMB acknowledged receipt of the request. After hearing nothing further from either agency, the State of New York filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE (filed Dec 17, 2019)
   American Oversight submitted a FOIA request to the Department of State for records concerning communications sent or received by specified U.S. embassy officials containing certain keywords related to President Trump’s business interests. The agency acknowledged receipt of the request but after hearing nothing further from the agency, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. STONEHILL v. UNITED STATES DEPARTMENT OF JUSTICE TAX DIVISION (filed Dec 18, 2019)
   Pauline Stonehill, co-executor of Harry Stonehill’s estate, submitted a FOIA request to the Tax Division at the Department of Justice for records concerning the remaining issues from multiple requests stretching back decades pertaining to settling Harry Stonehill’s estate. The Tax Division acknowledged receipt of the request but after hearing nothing further from the agency Pauline Stonehill filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. Block & Leviton LLP v. Federal Trade Commission (filed Dec 18, 2019)
   The law firm of Block & Leviton submitted a FOIA request to the Federal Trade Commission for records concerning draft settlement agreements from either the agency or Facebook to settle the FTC’s complaint against Facebook. The agency acknowledged receipt of the request and told Block & Leviton that all responsive records were available on the agency’s website. Block & Leviton filed an administrative appeal of that decision. The agency responded by telling Block & Leviton that some records were protected by Exemption 4 (confidential business information) and Exemption 5 (privileges). Block & Leviton then filed suit.
   Issues: Litigation – Attorney’s fees
9. CLEAR et al v. U.S. Customs and Border Protection (filed Dec 18, 2019)
   Creating Law Enforcement Accountability and Responsibility Project of Main Street Legal Services and the ACLU submitted requests to U.S. Customs and Border Protection for records relating to the Tactical Terrorism Response Team, a component of CBP that targets people with valid travel documents that present security risks. CLEAR and the ACLU also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, CLEAR and the ACLU filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
10. Sierra Club v. U.S. Department of Interior et al (filed Dec 19, 2019)
    The Sierra Club submitted a FOIA request to the Office of Surface Mining, Reclamation and Enforcement for records concerning discussions with U.S. Fish and Wildlife Service regarding programmatic consultation under the Endangered Species Act. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Sierra Club filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF LABOR (filed Dec 19, 2019)
    Democracy Forward Foundation submitted a FOIA request to the Department of Labor for records concerning certification by the agency’s Wage and Hour Division related to U and T visa applications, which are used to protect victims of crime. DFF also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. 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, Public Interest Fee Waiver
12. WALKER v. MATTHEW P. DONOVAN (filed Dec 19, 2019)
    David Walker, who was serving as chief of staff for the Delaware Air National Guard when he received a letter of admonishment accusing him of dereliction of duty, submitted five FOIA requests to the Department of the Air Force for records concerning the basis for the letter of admonishment. The agency acknowledged receipt of the requests. Walker made several attempts to check on the status of his requests. However, after hearing nothing further from the agency, Walker filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
13. Golden State Salmon Association et al v. Bureau of Reclamation (filed Dec 20, 2019)
    The Golden State Salmon Association, the Sierra Club, and other advocacy groups submitted three FOIA requests to the Bureau of Reclamation for records concerning the agency’s discussions and agreements with any potential or confirmed non-federal cost-share partners regarding the project to raise the height of Shasta Dam. The requests also asked for a fee waiver. The agency acknowledged receipt of the requests and placed them on their complex track for processing. After hearing nothing further from the agency pertaining to any of the requests, the Golden State Salmon Association, the Sierra Club and the other organizations filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Rodriguez v. Scripps Health (filed Dec 20, 2019)
    Marcella Rodriguez filed suit against Scripps Health for injuries she suffered. This is not a FOIA case.
    Issues: FOIA not mentioned
15. Shapiro v. Commissioner of Social Security (filed Dec 20, 2019)
    Robert Shapiro submitted a FOIA request to the Social Security Administration for records concerning guidance on SSA disability payments for migraine headaches. The agency acknowledged receipt of the request and gave Shapiro an estimated cost of $2,908 for processing his request. Shapiro submitted the payment. However, according to Shapiro, the agency only responded to two-thirds of the items listed in his request. Shapiro filed an administrative appeal of the agency’s response. After hearing nothing further from the agency, Shapiro filed suit.
    Issues: Failure to respond within statutory time limit, Fees – Advance Payment, Litigation – Attorney’s fees

In addition, we have added 6 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• KINARD v. TRUMP et al (filed Dec 13, 2019)
• LOUISIANA CAPITAL ASSISTANCE CENTER v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Dec 10, 2019)