Council on American Islamic Relations – Washington v. United States Customs and Border Protection et al

We have added 117 documents from 17 FOIA cases filed between February 9, 2020 and February 15, 2020. 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. Council on American Islamic Relations – Washington v. United States Customs and Border Protection et al (filed Feb 12, 2020)
   The Council on American-Islamic Relations – Washington submitted a FOIA request to U.S. Customs and Border Protection for records concerning changes in the policies for screening individuals entering the United States in the Washington area. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CAIR – Washington filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Farhane v. United States Citizenship and Immigration Services (filed Feb 13, 2020)
   Abderrahmane Farhane submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning his denaturalization proceedings. Farhane also requested expedited processing. The agency acknowledged receipt of the request and told Farhane that his request qualified for unusual circumstances. After waiting 15 months, Farhane filed an administrative appeal. The agency told Farhane that his request was not subject to appeal at this time. After hearing nothing from the agency, Farhane filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Feb 10, 2020)
   Judicial Watch submitted a FOIA request to the FBI for records concerning former Democratic Committee staffer Seth Rich and his 2016 murder. 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. EDDINGTON v. FEDERAL BUREAU OF INVESTIGATION et al (filed Feb 11, 2020)
   Patrick Eddington, a policy analyst at the Cato Institute, submitted a FOIA request to the FBI for records previously disclosed to FOIA requester Assia Boundaoui regarding Operation VULGAR BETRAYAL. Eddington also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied Eddington’s request for expedited processing. After hearing nothing further from the agency, Eddington filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. WILKERSON v. AIR FORCE (filed Feb 11, 2020)
   James Wilkerson submitted a FOIA request to the Department of the Air Force for records concerning his application for correction of his military records. The agency acknowledged receipt of his request and provided two interim responses that contained about 20 pages. After hearing nothing further from the agency, Wilkerson filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. EDDINGTON v. NATIONAL SECURITY AGENCY et al (filed Feb 11, 2020)
   Patrick Eddington, a policy analyst at the Cato Institute, submitted a FOIA request to the National Security Agency for records concerning a DOD directive on acquiring information from individuals or organizations not affiliated with the Department of Defense. Eddington also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied Eddington’s request for expedited processing. After hearing nothing further from the agency, Eddington filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. McEvoy v. U.S. Department of Education (filed Feb 11, 2020)
   Timothy McEvoy submitted a FOIA request to the Department of Education for records concerning presentations used to train panelists pertaining to sexual assault charges occurring at the University of Virginia from 2016 through 2018. The agency acknowledged receipt of the request. After hearing further from the agency, McEvoy filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Public Justice Foundation et al v. Farm Service Agency (filed Feb 12, 2020)
   The Public Justice Foundation, the Animal Legal Defense Fund, the Center for Biological Diversity, the Center for Food Safety, and Food & Water Watch submitted FOIA requests to the Farm Service Agency for records concerning the FSA’s administration of federal farm loans. In response to a request from Public Justice Foundation, FSA released six pages in full and 43 pages with heavy redactions, citing Exemption 3 (other statutes) and Exemption 6 (invasion of privacy). The Exemption 3 statute cited by the agency was section 1619(b) of the Food, Conservation and Energy Act. Public Justice Foundation filed an administrative appeal, which was denied by the agency. The other public interest organization had similar experiences with their FOIA requests. All five groups then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
9. ACCOUNTABLE.US v. DEPARTMENT OF TRANSPORTATION (filed Feb 13, 2020)
   Accountable U.S. submitted four FOIA requests to the Department of Transportation for records concerning actions taken in the aftermath of the fatal crash of a Boeing 737 MAX in Ethiopia. Accountable U.S. also requested fee waivers for all four requests. The agency acknowledged receipt of all four requests but after hearing nothing further from the agency, Accountable U.S. filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
10. DEFRAIA v. CENTRAL INTELLIGENCE AGENCY (filed Feb 13, 2020)
    Daniel DeFraia submitted a FOIA request to the CIA for records concerning three instances in which the agency intended to impersonate journalists during the Carter administration. The agency acknowledged receipt of the request. DeFraia contacted the agency three times to check on the status of the request. After hearing nothing further from the agency, DeFraia filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. DEFRAIA v. CENTRAL INTELLIGENCE AGENCY (filed Feb 13, 2020)
    Daniel DeFraia submitted a FOIA request to the CIA for records concerning three instances in which the agency intended to impersonate journalists during the Carter administration. The agency acknowledged receipt of the request. DeFraia contacted the agency three times to check on the status of the request. After hearing nothing further from the agency, DeFraia filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE et al (filed Feb 14, 2020)
    American Oversight submitted FOIA requests to the Department of State and the CIA for records concerning whistleblower complaints filed against Mike Pompeo, previously while he was director of the CIA and currently while he is Secretary of State. American Oversight also asked for emails to the Inspector General’s Office at both agencies pertaining to complaints against Pompeo. After hearing nothing further from either agency pertaining to any of its requests, American Oversight filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
13. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Feb 14, 2020)
    Judicial Watch submitted two FOIA requests to the Department of State for records concerning electronic messages involving government business sent to or from Hillary Clinton or Huma Abedin while they were at the State Department. The agency denied both requests. Judicial Watch filed administrative appeals. The agency upheld the denial of the requests on appeal, telling Judicial Watch that it found no records. Judicial Watch filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
14. EDDINGTON v. U.S. DEPARTMENT OF DEFENSE (filed Feb 14, 2020)
    Patrick Eddington, a policy analyst at the Cato Institute, submitted FOIA requests to 14 components of the Department of Defense for records concerning a DOD directive on acquiring information from individuals or organizations not affiliated with the Department of Defense. Eddington also requested expedited processing and a fee waiver. After hearing nothing from any of the components pertaining to his requests, Eddington filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. POLING v. U.S. DEPARTMENT OF JUSTICE (filed Feb 14, 2020)
    James Poling submitted a FOIA request to the FBI for records concerning a 46-year-old embezzlement case in New Jersey in which Carlos Sanchez pled guilty. The agency acknowledged receipt of the request. The agency denied the request under Exemption 6 (invasion of privacy) and Exemption 7 (law enforcement records). Poling filed an administrative appeal. The agency denied the appeal. Poling then filed suit.
    Issues: Expedited processing, Litigation – Attorney’s fees
16. Waterkeeper Alliance, Inc. et al v. U.S. Environmental Protection Agency (filed Feb 14, 2020)
    Waterkeeper Alliance, the Sierra Club, Clean Water Action, and Environmental Integrity Project submitted FOIA requests to the EPA for records concerning revisions to the 2015 Clean Water Act policy. The agency acknowledged the requests and consolidated them. After hearing nothing further from the agency, Waterkeeper Alliance and the other organizations filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. Wellness Solutions Geriatrics, PLLC v. Centers for Medicare & Medicaid Services et al (filed Feb 14, 2020)
    Wellness Solutions Geriatrics, a company supplying medical, psychiatric, and other services to patients at nursing home facilities, received a notice that it had been suspended from the Medicare program because of alleged fraud. WSG submitted a request to SGS Southeastern Unified Program, which served as a regional administrative contractor for the Centers for Medicare and Medicaid Services. WSG also submitted a request for further information on the fraud allegations to another contractor, Palmetto GBA, which told WSG that it had referred both requests to CMS. After hearing nothing further from the contractors or the agency, WSG filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

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

• ADAMS v. UNITED STATES CENTRAL INTELLIGENCE AGENCY et al (filed Feb 6, 2020)
• Moradi v. Morgan et al (filed Feb 3, 2020)