CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF HOMELAND SECURITY, plus case descriptions

We have added 119 documents from 12 FOIA cases filed between May 24, 2020 and May 30, 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. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed May 27, 2020)
   Citizens for Responsibility and Ethics in Washington submitted two FOIA requests to Department of Homeland Security for records concerning expenses incurred by U.S. Secret Service in providing protection for Donald Trump Jr. CREW’s first request asked for the cost of security for Trump’s travel to Mongolia in 2019. The agency acknowledged receipt of the request. The agency provided two pages containing expenses. CREW filed an administrative appeal, arguing that the agency had not conducted an adequate search. In its second request, CREW asked for a report prepared by the Office of the Inspector General pertaining to Secret Service expenses incurred in a trip to Trump’s Turnberry Resort in Ireland. The agency acknowledged receipt of the request. The OIG told CREW that the Secret Service was asserting Exemption 7(E) (investigative methods and techniques) and Exemption 7(F) (harm to any person) to redact information. CREW filed an administrative appeal of that decision as well. After hearing nothing further the agency pertaining to either request, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Jarrell v. Dept. of the Army (filed May 26, 2020)
   Stephen Jarrell filed suit against the Department of the Army alleging misuse of information by the Army Review Board. This is not a FOIA case.
   Issues: FOIA not mentioned
3. AMERICAN BROADCASTING COMPANIES, INC. et al v. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed May 27, 2020)
   ABC News Reporter Benjamin Gittleson submitted a FOIA request to the Department of Health and Human Services for records concerning emails pertaining to the change on the agency’s webpage on the Strategic National Stockpile. Gittleson also requested a fee waiver. The agency acknowledged receipt of the request. Gittleson subsequently amended his request to ask for expedited processing. After hearing nothing further from the agency, ABC News filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Contreras & Metelska, P.A. v. U.S. Department of Justice et al (filed May 27, 2020)
   The law firm of Contreras & Metelska submitted a FOIA request to the Department of Justice for records concerning a federation agreement between the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement. The agency acknowledged receipt of the request. The agency told the law firm that its request qualified for unusual circumstances and would take some time to process. After hearing nothing further from the agency, Contreras & Metelska filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. PROJECT ON GOVERNMENT OVERSIGHT v. US DEPARTMENT OF JUSTICE (filed May 28, 2020)
   The Project on Government Oversight submitted five FOIA requests to the Office of Legal Counsel at the Department of Justice for records concerning various OLC opinions. The agency acknowledged receipt of the requests. For those FOIA requests for which it completed processing, OLC denied access to the opinions based on Exemption 5 (privileges). The agency acknowledged receipt of POGO’s fifth request but had not responded to it before POGO filed suit. As to those requests that were denied, POGO filed administrative appeals. After hearing nothing further from the agency pertaining to any of its requests, POGO filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. PROJECT ON GOVERNMENT OVERSIGHT v. US DEPARTMENT OF STATE (filed May 28, 2020)
   The Project on Government Oversight submitted a FOIA request to the Department of State for records concerning whether the agency employed any retired military officers in violation of the Emoluments clause of the Constitution. POGO also requested a fee waiver. The agency acknowledged receipt of the request and granted POGO’s request for a fee waiver. The agency told POGO that it had a backlog of more than 10,000 requests and would not be able to respond within the statutory time limit. POGO then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Pro Publica, Inc. v. United States Department of Health & Human Services (filed May 28, 2020)
   Pro Publica submitted FOIA requests to the Department of Health and Human Services for records concerning the oversight and use of the Strategic National Stockpile. Pro Publica also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Pro Publica filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Voice of San Diego v. Federal Communications Commission et al (filed May 29, 2020)
   Voice of San Diego submitted a FOIA request to the Federal Aviation Administration and the Federal Communications Commission for records concerning applications filed proposing and seeking permission to test drone technologies in the skies of California. Voice of San Diego also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the request and asked Voice of San Diego to narrow its request. After hearing nothing further from the agency, Voice of San Diego filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
9. REAL CLEAR INVESTIGATIONS, LLC et al v. UNITED STATES DEPARTMENT OF STATE (filed May 29, 2020)
   Reporter Eric Felten of Real Clear Investigations, submitted a FOIA request to the Department of State for records concerning any memos written by Christopher Steele and any agency records referring to the Steele memorandum. Felten also requested expedited processing. The agency acknowledged receipt of the request. The agency denied Felten’s request for expedited processing. Felten filed an administrative appeal of the agency’s denial of his request for expedited processing. The agency denied the appeal. Felten then filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
10. BUZZFEED, INC. v. U.S. DEPARTMENT OF STATE (filed May 29, 2020)
    BuzzFeed submitted a FOIA request to the Department of State for records concerning databases containing information about individuals alleged or known gang affiliations. The request also asked for information about how the databases were structured and maintained. BuzzFeed also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied BuzzFeed’s request for expedited processing. 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. Shaklee & Oliver PS et al v. United States Citizenship and Immigration Services (filed May 29, 2020)
    Jonathan Shaklee of the law firm of Shaklee & Oliver submitted three FOIA requests to U.S. Citizenship and Immigration Services for records concerning Alien Files for his clients. The agency acknowledged receipt the requests but after hearing nothing further from the agency, Shaklee filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Rich v. United States Citizenship and Immigration Services (filed May 29, 2020)
    Katherine Rich, an attorney, submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the adjustment of status interview that her client had with the agency. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Rich filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees