AMERICAN BROADCASTING COMPANIES, INC. et al v. UNITED STATES DEPARTMENT OF THE TREASURY, plus case descriptions

We have added 150 documents from 16 FOIA cases filed between June 14, 2020 and June 20, 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. AMERICAN BROADCASTING COMPANIES, INC. et al v. UNITED STATES DEPARTMENT OF THE TREASURY (filed Jun 15, 2020)
   ABC producer/reporter Benjamin Gittleson submitted a FOIA request to the Department of Treasury for records concerning the decision to add President Donald Trump’s signature to checks distributed under the Economic Impact Payment program. Gittleson also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied Gittleson’s request for expedited processing. The agency also asked Gittleson to narrow the scope of the request. After hearing nothing further from the agency, Gittleson filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Fee Category – Media or Educational, Litigation – Attorney’s fees
2. GRECO v. INTERNAL REVENUE SERVICE (filed Jun 17, 2020)
   Richard Greco, an attorney representing GBX Group, submitted eight FOIA requests to the IRS for records concerning the examination file for the agency’s audit of GBX Group. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Greco filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. MARTINEZ v. U.S. SPECIAL OPERATIONS COMMAND et al (filed Jun 16, 2020)
   Journalist Freddy Martinez submitted a FOIA request to U.S. Special Command and the Department of Defense for records concerning the training and use of dogs in military operations. The agency acknowledged receipt of the request. The agency issued a Glomar response neither confirming nor denying the existence of records based on Exemption 1 (national security). Martinez filed an administrative appeal. After hearing nothing further from the agency, Martinez filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. ORRICK, HERRINGTON & SUTCLIFFE LLP v. U.S. CUSTOMS AND BORDER PROTECTION et al (filed Jun 16, 2020)
   The law firm of Orrick Herrington & Sutcliffe submitted FOIA requests to U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement for records concerning progress on reuniting minors detained at the border with their families. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, the law firm filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. WILLKIE FARR & GALLAGHER LLP v. DEFENSE CONTRACT MANAGEMENT AGENCY (filed Jun 16, 2020)
   The law firm of Willkie Farr & Gallagher, which represents individuals who were killed or injured by Taliban terrorists in Afghanistan, submitted nine FOIA requests to the Defense Contract Management Agency for records concerning various contracts awarded during the war in Afghanistan. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the law firm filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. WILLKIE FARR & GALLAGHER LLP v. DRUG ENFORCEMENT AGENCY (filed Jun 16, 2020)
   The law firm of Willkie Farr & Gallagher submitted FOIA requests to the Drug Enforcement Administration for records concerning the agency’s operations in Afghanistan and contracts it awarded. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the law firm filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. WILLKIE FARR & GALLAGHER LLP v. DEFENSE INTELLIGENCE AGENCY (filed Jun 16, 2020)
   The law firm of Willkie Farr & Gallagher submitted a FOIA request to the Defense Intelligence Agency for records concerning the New Ansari file. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the law firm filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. WILLKIE FARR & GALLAGHER LLP v. OFFICE OF THE SECRETARY OF DEFENSE AND THE JOINT STAFF (filed Jun 16, 2020)
   The law firm of Willkie Farr & Gallagher submitted FOIA requests to the Office of the Secretary of Defense for records concerning counter threat finance activities and audit reports. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the law firm filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. WILLKIE FARR & GALLAGHER LLP v. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION (filed Jun 16, 2020)
   The law firm of Willkie Farr & Gallagher submitted FOIA requests to the Special Inspector General for Afghanistan Reconstruction for records concerning audits and reports and corruption in conflict. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the law firm filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Marc Cohodes v. United States Department of Justice (filed Jun 17, 2020)
    Marc Cohodes submitted FOIA requests to the Department of Justice, the Executive Office for U.S. Attorneys, and the FBI for records concerning communications with Sen. Johnny Isakson (R-GA) pertaining to attempts to silence Cohodes and Parker Petit’s criticism of the company MiMedx. The agencies acknowledged receipt of the request. Only the FBI provided 12 pages of records redacted under Exemption 6 (invasion of privacy). Cohodes then submitted three more FOIA requests to the agencies. After hearing nothing further from the agencies, Cohodes filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Jun 17, 2020)
    American Oversight submitted FOIA requests to the Department of Homeland Security, the Department of Defense, and the U.S. International Development Finance Corporation for communications concerning non-disclosure agreements. American Oversight also requested expedited processing. The agencies acknowledged receipt of the requests. 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
12. ASSOCIATED MORTGAGE BANKERS, INC. v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (filed Jun 17, 2020)
    The Associated Mortgage Bankers submitted two FOIA requests to the Department of Housing and Urban Development. The first request asked for records concerning how current administrative judges at the agency were appointed. The second request asked for all agency final opinions in adjudication cases. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Associated Mortgage Bankers filed suit.
    Issues: Adequacy – Search, Affirmative disclosure, Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Jun 18, 2020)
    American Oversight submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the agency’s response to the corona virus pandemic. 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
14. CENTER FOR PUBLIC INTEGRITY v. U.S. SMALL BUSINESS ADMINISTRATION (filed Jun 19, 2020)
    The Center for Public Integrity submitted a FOIA request to U.S. Small Business Administration for records concerning recipients of the Paycheck Protection Program. CPI also requested expedited processing. The agency acknowledged receipt of the request. The agency denied CPI’s request for expedited processing. The agency also told CPI that it would disclose records. However, after hearing nothing further from the agency, CPI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. PUBLIC CITIZEN, INC. v. U.S. DEPARTMENT OF AGRICULTURE (filed Jun 19, 2020)
    Public Citizen submitted a FOIA request to the Food and Safety Inspection Service for records concerning notification by FSIS of market hog establishments of the agency’s intent to use a new swine inspection system. Public Citizen also requested a fee waiver. The agency acknowledged receipt of the request. The agency located seven responsive pages but withheld them under Exemption 4 (confidential business information). Public Citizen filed an administrative appeal. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, Public Citizen filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. International Refugee Assistance Project, Inc. v. United States Department of State (filed Jun 19, 2020)
    The International Refugee Assistance Project submitted two FOIA requests to the Department of State for records concerning the Chief of Mission process for processing Special Immigrant Visas. IRAP also requested expedited processing and a fee waiver. The agency acknowledged receipt of both requests. The agency denied IRAP’s request for expedited processing. The agency also disclosed 34 pages in response to IRAP’s first request but withheld records under Exemption 7(C) (invasion of privacy concerning law enforcement records). IRAP filed an administrative appeal. The agency acknowledged receipt of IRAP’s administrative appeal but after hearing nothing further from the agency, IRAP filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 5 documents from 4 cases, with earlier filing dates, that have recently appeared on PACER.

1. CASE NUMBER NOT USED (filed Jun 9, 2020)
2. Vanessa F. Edwards v. U.S. Customs and Border Protection, et al *DO NOT DOCKET- OPENED AS NEW CIVIL CASE 7:20 CV-150* (filed Jun 9, 2020)
3. Vanessa F. Edwards v. U.S. Customs and Border Protection, et al (filed Jun 9, 2020)
4. McDaniels v. Verizon Wireless (filed Jun 4, 2020)