LEGAL EAGLE, LLC v. NATIONAL SECURITY COUNCIL RECORDS ACCESS AND INFORMATION SECURITY MANAGEMENT DIRECTORATE et al

We have added 141 documents from 16 FOIA cases filed between June 21, 2020 and June 27, 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. LEGAL EAGLE, LLC v. NATIONAL SECURITY COUNCIL RECORDS ACCESS AND INFORMATION SECURITY MANAGEMENT DIRECTORATE et al (filed Jun 25, 2020)
   Legal Eagle, which runs a YouTube channel, submitted FOIA requests to the National Security Council Records Access and Information Security Management Directorate, as well as agencies in the intelligence community for records concerning the declassification review for John Bolton’s book. Legal Eagle also requested expedited processing. The agencies acknowledged receipt of the requests but after hearing nothing further from any agency, Legal Eagle filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. LatinoJustice PRLDEF v. United States Department of Housing and Urban Development (filed Jun 24, 2020)
   LatinoJustice submitted a FOIA request to the Department of Housing and Urban Development for records concerning a proposed rule that would prohibit households containing a mixture of legal and non-documented individuals from receiving federal rental aid. LatinoJustice also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, LatinoJustice filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. HALL v. UNITED STATES DEPARTMENT OF THE AIR FORCE (filed Jun 22, 2020)
   Frankie Hall submitted two FOIA requests to the Department of Air Force for records concerning qualifications of board members of the Physical Disability Board of Review and their voting sheets. The agency disclosed heavily redacted records pertaining to board member qualifications and their voting sheets. Hall filed administrative appeals for both responses but after hearing nothing further from the agency, Hall filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Lawrence v. United States Small Business Administration (filed Jun 22, 2020)
   Frank Lawrence submitted a FOIA request to U.S. Small Business Administration for records concerning whether three local companies requested and received aid under the paycheck protection program. The agency acknowledged receipt of the request and told Lawrence that it was taking a 10-day extension. After hearing nothing further from the agency, Lawrence filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Cruz v. Executive Office of United States Attorneys (filed Jun 22, 2020)
   Shannon Cruz submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning USA v. Willamette Valley Toxicology. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Cruz filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. DEMOCRACY FORWARD FOUNDATION v. OFFICE OF MANAGEMENT AND BUDGET et al (filed Jun 23, 2020)
   Democracy Forward Foundation submitted FOIA requests to OMB, Department of Health and Human Services, Department of Homeland Security, and Department of Treasury for records concerning communications between senior officials and a number of conservative media organizations. DFF also requested a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from any of 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
7. CAMPO et al v. UNITED STATES COAST GUARD (filed Jun 23, 2020)
   Mary Anne and John Campo submitted a FOIA request to U.S. Coast Guard for records concerning their father, Andrew Campo, and his possible exposure to Corexit, a BP product that the Campos alleged had contributed to their father’s fatal brain tumor. The agency acknowledged receipt of the request. The agency disclosed 10 pages pertaining to Andrew Campo’s service record. The Campos filed an administrative appeal. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, the Campos filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. ZIRVI v. UNITED STATES NATIONAL INSTITUTE OF HEALTH et al (filed Jun 23, 2020)
   Monib Zirvi, a co-inventor on a patent application, submitted a FOIA request to the National Institutes of Health, the National Institutes of Standards and Technology, and U.S. Patent and Trademark Office for records concerning communications between agency officials and Illumina officials. The agencies acknowledged receipt of the requests. Zirvi received some redacted records from agencies, while others denied his requests under Exemption 4 (confidential business information) and Exemption 5 (privileges). Zirvi filed administrative appeals but after hearing nothing further from any of the agencies, Zirvi filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Jun 24, 2020)
   American Oversight submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning a January 2019 memo prepared for then Chief of Staff Thomas Blank addressing enforcement, zero tolerance, or family separation. The agency acknowledged receipt of the request 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, Litigation – Vaughn index
10. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Jun 24, 2020)
    Judicial Watch submitted a FOIA request to the Department of State for records concerning requests by former UN Ambassador Samantha Powers to “unmask” the identities of U.S. citizens identified during the investigation of Russian interference in the 2016 election. The agency acknowledged receipt of the request. Judicial Watch explained that it had made the identical request in 2018 and that in 2019, a district court judge had accepted State’s Glomar response. However, Judicial Watch pointed out that in 2020, the Office of the Director of National Intelligence had declassified documents indicating that Powers had made seven requests to unmask Michael Flynn’s identity. After hearing nothing further from the agency and based on that change in circumstances, Judicial Watch filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
11. MOORE et al v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Jun 25, 2020)
    Lois and Robert Moore and four other requesters submitted requests to the National Archives and Records Administration for records concerning the capture and incarceration of Harry Moore, John Zimmerlee, and Paul Bibb by North Korea during the Korean War. After hearing nothing further from the agency, Moore and the other requesters filed suit.
    Issues: Failure to respond within statutory time limit, Fee Category – Media or Educational, Litigation – Attorney’s fees
12. DALPAR CORPORATION v. UNITED STATES TRANSPORTATION SECURITY ADMINISTRATION (filed Jun 25, 2020)
    Dalpar Corporation, a subcontractor for Northrup Grumman to provide firearms handling and processing services to the Transportation Security Administration, submitted a FOIA request to the agency for records concerning Dalpar’s termination after it had filed an illegal firearm transfer report with the Bureau of Alcohol, Tobacco and Firearms. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Dalpar Corporation filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. The New York Times Company et al v. Central Intelligence Agency (filed Jun 25, 2020)
    New York Times reporter Rukmini Callimachi submitted four FOIAA requests to the CIA for records concerning journalist James Foley, who was abducted and executed by ISIS terrorists in Syria. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the New York Times filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE (filed Jun 26, 2020)
    American Oversight submitted five FOIA requests to the Department of State for records concerning communications between senior officials pertaining to the termination of the agency’s inspector general, including a number of keyword searches. American Oversight also requested expedited processing for four of the requests. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, American Oversight filed suit.
    Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
15. Knight First Amendment Institute at Columbia University et al v. Department of State et al (filed Jun 26, 2020)
    The Knight First Amendment Institute and the American Civil Liberties Union submitted FOIA requests to the Department of State, Department of Justice, CIA, National Security Agency, FBI, Office of the Director of National Intelligence, Department of Air Force, Department of Army, and Department of Navy for records concerning the government’s prepublication review process. The Knight First Amendment Institute and the ACLU requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. Several agencies denied the requests for expedited processing. After hearing nothing further from any of the agencies, the Knight First Amendment Center and the ACLU filed suit.
    Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
16. Advocates for the West v. Bonneville Power Administration (filed Jun 26, 2020)
    Advocates for the West submitted two FOIA requests to the Bonneville Power Administration for records concerning the agency’s decision to sign an implementation agreement committing to take certain steps to facilitate its entry into the Western Energy Imbalance Market. The agency acknowledged receipt of the requests but after nothing further from the agency, Advocates for the West filed suit.
    Issues: Exemption 4 – Confidential business information, Failure to respond within statutory time limit, Litigation – Attorney’s fees