FOIA Activity: 130 new FOIA court documents, plus case descriptions

We have added 126 documents from 16 FOIA cases filed between May 17, 2020 and May 23, 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. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF THE TREASURY (filed May 19, 2020)
   The Center for Biological Diversity submitted a FOIA request to the Department of Treasury for records concerning applications from fossil fuel companies for economic relief under the CARES Act. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CBD filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed May 21, 2020)
   American Oversight submitted FOIA requests to the Department of Homeland Security and the Department of Justice for records concerning responses to the corona virus pandemic. American Oversight also requested expedited processing. The agencies acknowledged receipt of the requests and granted American Oversight’s requests for expedited processing. After hearing nothing further from the agencies, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT et al (filed May 21, 2020)
   Democracy Forward Foundation submitted FOIA requests to the Department of Housing and Urban Development and the U.S. Interagency Council on Homelessness for records concerning communications between the agencies and Robert Marbut. DFF also requested a fee waiver. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, DFF filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
4. KIND INC. v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed May 22, 2020)
   Kids in Need of Defense (KIND) submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning a Redetermination Memo pertaining to asylum applications for alien minors. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, KIND filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. GUN OWNERS OF AMERICA, INC v. FEDERAL BUREAU OF INVESTIGATION (filed May 22, 2020)
   The Gun Owners of America submitted a FOIA request to the FBI for records concerning the operation of State Points of Contact within the National Instant Criminal Background Check System. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gun Owners of America filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. Greene v. U.S. Department of Justice et al (filed May 19, 2020)
   Kyle Greene submitted a FOIA request to the U.S. Attorney’s Office for the District of Minnesota for records concerning policies and regulations. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Greene filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
7. Santa Fe Dreamers Project v. U.S. Customs and Border Protection (filed May 21, 2020)
   Santa Fe Dreamers Project submitted a FOIA request to U.S. Customs and Border Protection for records concerning inspections of Taylor Levy and Hector Ruiz at the El Paso port of entry. The agency acknowledged receipt of the request. The agency told Santa Fe Dreamer Project that it located no records. Santa Fe Dreamers Project filed two administrative appeals but after hearing nothing further from the agency, Santa Fe Dreamer Project filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Lederman et al v. United States Department of State (filed May 22, 2020)
   NBC News Reporter Josh Lederman submitted a FOIA request to the Department of State for records concerning communications between Susan Pompeo, the wife of Secretary of State Mike Pompeo, and any state.gov email addresses. Lederman also requested expedited processing. The agency acknowledged receipt of the request and denied Lederman’s request for expedited processing. After hearing nothing further from the agency, Lederman filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. AMERICAN CIVIL LIBERTIES UNION OF PENNSYLVANIA et al v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (filed May 20, 2020)
   The ACLU of Pennsylvania and the Farmworker Legal Aid Clinic submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning Form deportation applications filed by ICE’s Philadelphia Field Office. The ACLU of Pennsylvania also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and granted the ACLU of Pennsylvania’s request for expedited processing. The agency told the ACLU of Pennsylvania that it would not disclose information about third parties without authorization. The ACLU of Pennsylvania filed an administrative appeal. The appeal was denied. The ACLU of Pennsylvania then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Public Interest Fee Waiver
10. BUZZFEED, INC. v. U.S. DEPARTMENT OF STATE (filed May 18, 2020)
    BuzzFeed submitted a FOIA request to the Department of State for records concerning communications to and from Deborah Birx, including attachments, sent by Marc Lipsitch of Harvard. BuzzFeed also requested expedited processing. The agency acknowledged receipt of the request and denied BuzzFeed’s request for expedited processing. BuzzFeed filed an administrative appeal of the agency’s denial of its request for expedited processing. The agency denied BuzzFeed’s appeal. After hearing nothing further from the agency, BuzzFeed filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Ewing et al v. Farm Service Agency et al (filed May 18, 2020)
    Dean and Leslie Ewing filed suit against Department of Agriculture under the Administrative Procedure Act and the Privacy Act. This is not a FOIA claim.
    Issues: FOIA not mentioned
12. LEOPOLD et al v. FEDERAL ELECTION COMMISSION et al (filed May 19, 2020)
    Reporter Jason Leopold submitted FOIA requests to the Federal Election Commission, the Transportation Security Administration, U.S. Agency for International Development, and the Office of the Director of National Intelligence for records concerning issues related to the effects of the corona virus. Leopold also requested expedited processing. The agencies acknowledged receipt of the requests and all but the FEC granted Leopold’s request for expedited processing; the FEC had not made a decision on expedition when Leopold filed suit. After hearing nothing further from the agencies, Leopold filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed May 20, 2020)
    American Oversight submitted FOIA requests to the Department of Health and Human Services, Department of Treasury, Department of State, and OMB for records concerning communications between the agencies and White House Chief of Staff Mark Meadows and/or his staff. The agencies acknowledged the requests but after hearing nothing further from any of the agencies, American Oversight filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
14. FOSTER v. FEDERAL BUREAU OF INVESTIGATION et al (filed May 20, 2020)
    Darren Foster, a documentary filmmaker, submitted a FOIA request to the FBI for records concerning its painkiller over-prescription investigation into Zachary Rose and Jason Cole Votrobek and their associates. Foster also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests and issued a Glomar response neither confirming nor denying the existence of records. Foster filed an administrative appeal of the Glomar response. After hearing nothing further from the agency, Foster filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. CALLIMACHI v. FEDERAL BUREAU OF INVESTIGATION et al (filed May 21, 2020)
    Rukmini Callimachi, an investigative journalist, submitted requests to the FBI for records concerning her stepfather Mihail Horia Botez, and others involved in Romania’s communist government. The agency acknowledged receipt of the requests. The FBI disclosed some records on Botez but refused to search for records on other third parties without authorization. The agency also denied Callimachi’s requests for records on Romanian intelligence under Exemption 1 (national security) and Exemption 3 (other statutes). Callimachi filed administrative appeals for those requests that had been denied. The Office of Information Policy upheld the adequacy of the agency’s search for one request but after hearing nothing further from the agency pertaining to any of her requests, Callimachi filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed May 22, 2020)
    Citizens United submitted a FOIA request to the Department of State for records concerning a December 2016 meeting between former State Department official Kathleen Kavalec and former Justice Department official Bruce Ohr. 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

In addition, we have added 4 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. American Immigration Council et al v. United States Citizenship Immigration Services et al (filed May 13, 2020)
2. American Immigration Council et al v. United States Citizenship and Immigration Services et al (filed May 13, 2020)
3. DALE v. UNITED STATES DRUG ENFORCEMENT AGENCY (filed May 11, 2020)