FOIA Activity: 275 new FOIA court documents, plus case descriptions
We have added 143 documents from 16 FOIA cases filed between March 1, 2020 and March 7, 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.
- PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. DEPARTMENT OF THE INTERIOR (filed Mar 2, 2020)
Public Employees for Environmental Responsibility submitted two FOIA requests to the Department of Interior for records concerning a secretarial order on the use of electric bicycles. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, PEER filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - INVEST IN THE USA (filed Mar 2, 2020)
Immigrant Investors Association submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning USCIS EB-5 Adjudicator training materials for adjudicating EB-5 related petitions submitted after November 2019. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Immigrant Investors Association filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Americans for Immigrant Justice, Inc. v. United States Department of Homeland Security et al (filed Mar 2, 2020)
Americans for Immigrant Justice submitted a FOIA request to U.S Immigration and Customs Enforcement for records concerning a contract for medical and/or mental health services between the agency and Larkin Community Hospital. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AI Justice filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver - Worth Rises et al v. U.S. Department of Homeland Security et al (filed Mar 3, 2020)
Worth Rise and American Oversight submitted three FOIA requests to the Department of Homeland Security for records concerning communications with outside parties. The agency acknowledged the requests. Worth Rise and American Oversight also submitted a FOIA request to the Department of Justice for records concerning communications to and from the Bureau of Prisons pertaining to specific entities. The agency acknowledged the request. After hearing nothing further from either agency, Worth Rise and American Oversight filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - AMERICAN OVERSIGHT v. ELECTION ASSISTANCE COMMISSION (filed Mar 4, 2020)
American Oversight submitted three FOIA requests to the Federal Election Assistance Commission for records concerning directives and guidance issued by the Commission as well as communications between Commission staff, the White House, and outside parties. The agency acknowledged receipt of the requests 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 - CHAVIS v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Mar 4, 2020)
Michael Chavis, an investigator for the Public Defender Services of Eastern Tennessee, submitted a FOIA request to the Drug Enforcement Administration for records concerning the case of Ricardo Sanchez, who was being represented by the Public Defender Services of Eastern Tennessee. The agency acknowledged receipt of the request. The agency disclosed 107 pages but withheld 225 pages. Chavis filed an administrative appeal of the decision. The agency upheld its decision on appeal. Chavis then filed suit.
Issues: Adequacy – Search - CHAVIS v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Mar 4, 2020)
Dana Chavis, an attorney for the Public Defender Services of Eastern Tennessee, submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning the case of David Runyon, who was being represented by the Public Defender Services of Eastern Tennessee. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Chavis filed an administrative appeal of that decision with the Office of Information Policy. OIP upheld the BATF’s decision. Chavis then filed suit.
Issues: Adequacy – Search - GEORGETOWN UNIVERSITY LAW CENTER CIVIL RIGHTS CLINIC v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT et al (filed Mar 4, 2020)
The Georgetown University Law Center Civil Rights Clinic submitted four FOIA requests to the Department of Housing and Urban Development for records concerning communications with the housing industry pertaining to its statutory obligation to provide fair housing. The agency did not acknowledge the requests. After hearing nothing further from the agency, the Civil Rights Clinic filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Documented NY v. United States Department of State et al (filed Mar 4, 2020)
Documented NY submitted FOIA requests to the Department of State, the Department of Health and Human Services, and OMB for records concerning the impact of the public charge rule. Documented NY also requested expedited processing and a fee waiver. All three agencies acknowledged receipt of the requests. The Department of State granted Documented NY’s request for a fee waiver but denied its request for expedited processing. After hearing nothing further from the agency, Documented NY filed suit.
Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver - KQED INC. v. United States Customs and Immigration Services et al (filed Mar 5, 2020)
Sasha Khokha, a reporter for KQED, submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the A-file for Jose Guzman. Khokha provided a third-party authorization from Guzman. The agency acknowledged receipt of the request. Because Khokha submitted a second identical request, the agency told Khokha that it was closing one request. After hearing nothing further from the agency, KQED filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - FARM LABOR ORGANIZING COMMITTEE v. U.S. DEPARTMENT OF LABOR (filed Mar 5, 2020)
The Farm Labor Organizing Committee submitted a FOIA request to the Department of Labor for records concerning the results of agency investigations in which farmers were found to have improperly sold tobacco. The agency acknowledged receipt of the request. The agency denied the request under Exemption 4 (confidential business information). The Committee filed an administrative appeal. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, the Committee filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF LABOR (filed Mar 5, 2020)
Democracy Forward Foundation submitted a FOIA request to the Department of Labor for records concerning the status of an administrative proceeding against Oracle. DFF also requested a fee waiver. The agency acknowledged receipt of the request. The agency asked DFF for a 40-day extension in which to respond. 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 - AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Mar 5, 2020)
American Oversight submitted three FOIA requests to the Department of Homeland Security for records concerning guidance to staff on asylum issues. American Oversight also requested a fee waiver. The agency acknowledged receipt of the requests and granted American Oversight’s fee waiver requests. However, after hearing nothing further from the agency pertaining to any of the requests, American Oversight filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - WRIGHT v. U.S. DEPARTMENT OF JUSTICE et al (filed Mar 5, 2020)
Gretta Wright, a paralegal at the Federal Public Defenders Service for Eastern Tennessee, submitted FOIA requests to the Department of Justice for records concerning the conviction of Terry Lynn King, who was being represented by the Federal Public Defenders Service for Eastern Tennessee. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Wright filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit - BARTLETT v. U.S. DEPARTMENT OF STATE (filed Mar 6, 2020)
Lawrence Bartlett, an agency employee, submitted a FOIA request to the Department of State for records concerning himself. The agency acknowledged receipt and asked Bartlett for clarification, which he provided. After hearing nothing further from the agency, Bartlett filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Campaign Legal Center v. Bureau of the Census (filed Mar 6, 2020)
The Campaign Legal Center submitted a FOIA request to the U.S. Bureau of the Census for records concerning the use of state DMV data for the census. CLC also requested a fee waiver. The agency acknowledged receipt of the request. The agency later granted CLC’s request for a fee waiver. However, after hearing nothing further from the agency, CLC filed suit.
Issues: Adequacy – Search, attorney’s fees, Failure to respond within statutory time limit, Litigation – Vaughn index
In addition, we have added 132 documents from 23 cases, with earlier filing dates, that have recently appeared on PACER.
- JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Feb 28, 2020)
Judicial Watch submitted a FOIA request to the FBI for records concerning the appointment of Daniel Richman as an employee of the FBI. 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 - WESTERN VALUES PROJECT v. U.S. DEPARTMENT OF THE INTERIOR (filed Feb 28, 2020)
Western Values Project submitted seven FOIA requests to the Department of Interior for records concerning communications to or from Secretary David Bernhardt’s government or personal accounts. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Western Values Project filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - PIERCE v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Feb 28, 2020)
George Pierce submitted a FOIA request to the Department of Homeland Security for records concerning emails in the Outlook file of Patrol Agent in Charge Matthew Grupe pertaining to Pierce. The agency acknowledged receipt of the request and told Grupe that it was closing his request because it was too vague. Grupe filed an administrative appeal of that decision. The agency upheld the decision. Grupe then filed suit.
Issues: Adequacy – Search, Litigation – Attorney’s fees - JONG-FAST v. DEPARTMENT OF VETERANS AFFAIRS et al (filed Feb 27, 2020)
Molly Jong-Fast, a contributing editor at the Daily Beast, submitted two FOIA requests to the Department of Veterans Affairs. Jong-Fast requested expediting processing. The agency acknowledged receipt of the requests. Jong-Fast also submitted two FOIA requests to the Department of Justice. Jong-Fast requested expedited processing. The agency acknowledged the requests. After hearing nothing further from either agency, Jong-Fast filed suit.
Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees - CAMPAIGN FOR ACCOUNTABILITY v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Feb 27, 2020)
The Campaign for Accountability submitted two FOIA requests to the Department of Health and Human Services for records concerning the performance of Obria Group, Inc., a Title X grant recipient. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Campaign for Accountability filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Cossio v. Federal Bureau of Investigation (filed Feb 27, 2020)
Jose Antonio Cossio submitted a FOIA request to the FBI for records concerning himself. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Cossio filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Farah v. United States Department of Justice (filed Feb 27, 2020)
Mohamed Abdihamid Farah submitted a FOIA request to the Department of Justice for records concerning his prosecution. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Farah filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Stoufer v. Federal Bureau of Investigation et al (filed Feb 26, 2020)
Steven Stoufer submitted a FOIA request to the Office of the Inspector General at the Department of Justice for records concerning himself. OIG acknowledged receipt of the request and provided a single document. Stoufer filed an administrative appeal with the Office of Information Policy. OIP upheld OIG’s response to Stoufer’s request. Stoufer then submitted a FOIA request to the FBI for records concerning himself. The FBI acknowledged receipt of the request. The FBI split Stoufer’s request into two separate requests. For one request, the agency told Stoufer it could find no records. For the other request, the FBI told Stoufer his request was not sufficiently descriptive to allow for a search. Stoufer filed an administrative appeal with OIP of the no records response. OIP upheld the FBI’s decision. Stoufer then filed suit.
Issues: Litigation – Attorney’s fees - AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF LABOR et al (filed Feb 26, 2020)
American Oversight submitted FOIA requests to the Department of Labor, the Department of Agriculture, the Department of Housing and Urban Development, the Department of Health and Human Services, and the Centers for Medicare and Medicaid Services for records concerning communications each agency had with Stephen Miller. The agencies acknowledged receipt of the requests. Several offices within the Labor Department responded to American Oversight’s request. Having heard from none of the other agencies, American Oversight filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (filed Feb 26, 2020)
Democracy Forward Foundation submitted a FOIA request to the Department of Health and Human Services for records concerning HHS’s Grant Regulation. Democracy Forward Foundation also requested a fee waiver. The agency acknowledged receipt of the request but 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 - LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE et al (filed Feb 26, 2020)
Reporter Jason Leopold submitted FOIA requests to the Criminal Division at the Department of Justice, the CIA, and the Office of the Director of National Intelligence. His request to the Criminal Division asked for records concerning criminal referrals made by the Intelligence Community Inspector General or any other government agency mentioning or referring to any potential campaign finance violations by President Donald Trump. Leopold also requested expedited processing and a fee waiver. The Criminal Division acknowledged receipt of the request and granted Leopold’s request for expedited processing. Leopold made the same request to ODNI. ODNI acknowledged receipt of the request and granted Leopold’s request for expedited processing. Leopold made a similar request to the CIA. The CIA acknowledged receipt of the request and granted Leopold’s request for expedited processing. After hearing nothing further from any of the agencies, Leopold filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Austin Sanctuary Network et al v. United States Immigration and Customs Enforcement et al (filed Feb 26, 2020)
The Austin Sanctuary Network, the Free Migration Project, Grassroots Leadership, and the Center for Constitutional Rights submitted a FOIA request to U.S. Immigration and Customs Enforcement, Department of Treasury, and the Executive Office for Immigration Review for records concerning policies or guidance pertaining to fines or penalties imposed on individuals taking sanctuary in churches or elsewhere pursuant to the Immigration and Nationality Act. The organizations asked for expedited processing and a fee waiver. The agencies all acknowledged the requests. Several agencies denied expedited processing. EOIR responded to the request by indicating it had no records. The organizations filed an administrative appeal of EOIR’s no records response. DOJ upheld the agency’s no records response. The organizations then filed suit.
Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver - KARA-MURZA v. DEPARTMENT OF JUSTICE (filed Feb 25, 2020)
Vladimir Kara-Murza, a prominent pro-democracy activist in Russia who was poisoned while in Russia in 2015 and 2017, submitted a FOIA request to the FBI for records concerning the results of tests the agency conducted on samples of Kara-Murza’s blood in 2018 to determine what had caused his hospitalization in Russia. Kara-Murza also requested expedited processing. The agency acknowledged receipt of the request but denied Kara-Murza’s request for expedited processing. After Kara-Murza’s counsel inquired about filing an administrative appeal he was told that since the FBI had not yet made an adverse determination, there was nothing to appeal. After hearing nothing further from the agency, Kara-Murza filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Feb 25, 2020)
Judicial Watch submitted a FOIA request to the Criminal Division of the Department of Justice for records concerning a January 2017 meeting at the White House involving OPDAT Regional Director Catherine Newcombe, Department of State Legal Advisor Jeff Cole, and representatives of the Office of the Prosecutor General of Ukraine. The request also asked for any communications between Newcombe and National Security Council staffer Eric Ciaramella. 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 - CALLIMACHI v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Feb 25, 2020)
Rukmini Callimachi, an international investigative reporter for the New York Times, submitted a FOIA request to the Clinton Presidential Library, part of the National Archives and Records Administration, for records concerning her step-father, Mihail Horia Botez, who was deceased. The Clinton Library acknowledged receipt of the request. The Clinton Library told Callimachi that it located 98 responsive pages but told her that 65 pages were being withheld under Exemption 1 (national security) and Exemption 6 (invasion of privacy). The Clinton Library also told her that it had located an additional 409 pages which it would process over the next year. Callimachi filed an administrative appeal. The agency acknowledged receipt of the appeal. Two months later, it declassified some of the 65 pages previously withheld under Exemption 1. After hearing nothing further from the Clinton Library, Callimachi filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Lewis v. Department of the Treasury et al (filed Feb 25, 2020)
Kiesha Lewis submitted a FOIA request to the IRS for records. After the agency failed to respond, Lewis filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs - Hitt v. United States Department of Veterans Affairs (filed Feb 25, 2020)
Cody Hitt, a disabled veteran, submitted a FOIA request to the Department of Veterans Affairs for records concerning Veterans Title 38 claims. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Hitt filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. NATIONAL PARK SERVICE (filed Feb 24, 2020)
Public Employees for Environmental Responsibility submitted two FOIA requests to the National Park Service for records concerning memos on the use of electric bicycles. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, PEER filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - SCHRIER v. U.S. DEPARTMENT OF STATE (filed Feb 24, 2020)
Matthew Schirier, a photojournalist who had been captured and tortured by terrorists while covering the Syrian civil war, had sued the Qatar Islamic Bank, alleging it had financed the terrorists. Schirier submitted two FOIA requests to the Department of State for records concerning himself and Qatar Islamic Bank. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Schirier filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE (filed Feb 24, 2020)
Reporter Jason Leopold submitted a FOIA request to the Department of Justice for records concerning the agency’s sentencing recommendation pertaining to Roger Stone. Leopold also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied Leopold’s request for expedited processing. After hearing nothing further, Leopold filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - ADAMS v. UNITED STATES CENTRAL INTELLIGENCE AGENCY et al (filed Feb 18, 2020)
- ADAMS v. UNITED STATES NATIONAL SECURITY AGENCY et al (filed Feb 18, 2020)
- BARNES v. TRUMP et al (filed Feb 18, 2020)
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