PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. v. UNITED STATES DEPARTMENT OF JUSTICE et al

We have added 174 documents from 22 FOIA cases filed between December 13, 2020 and December 19, 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. PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Dec 14, 2020)
   The Project for Privacy and Surveillance Accountability submitted FOIA requests to the Department of Justice, the Office of the Director of National Intelligence, the National Security Agency, the CIA, and the Department of State for records concerning requests for unmasking or upstreaming, including requests for former members of congressional intelligence committees. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, the Project for Privacy and Surveillance Accountability filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. HAND v. UNITED STATES DEPARTMENT OF JUSTICE (filed Dec 14, 2020)
   Jehu Hand submitted a FOIA request to the Department of Justice for records concerning his conviction for stock fraud. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Hand filed suit.
   Issues: Failure to respond within statutory time limit
3. HAND v. SECURITIES AND EXCHANGE COMMISSION (filed Dec 14, 2020)
   Jehu Hand submitted a FOIA request to the Department of Justice for records concerning his conviction for stock fraud. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Hand filed suit.
   Issues: Failure to respond within statutory time limit
4. HAND v. FEDERAL BUREAU OF PRISONS (filed Dec 14, 2020)
   Jehu Hand, who had been convicted of stock fraud, submitted a FOIA request to the Bureau of Prisons for records concerning his incarceration, among other topics. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Hand filed suit.
   Issues: Failure to respond within statutory time limit
5. Hicks v. SSA (filed Dec 19, 2020)
   David Hicks submitted a FOIA request to the Social Security Administration for records. The agency acknowledged receipt of the request. The agency provided records with redactions. Hicks filed an administrative appeal. The agency upheld its initial decision on appeal. Hicks then filed suit.
   Issues: Exemptions
6. Llamas et al v. U.S. Immigration and Customs Enforcement et al (filed Dec 13, 2020)
   Noelle Llamas and Ken Klippenstein, a correspondent for The Nation, submitted two FOIA requests to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, the Department of State, the FBI, the Defense Intelligence Agency, the Office of Intelligence and Analysis, the Department of Energy, and the Cybersecurity and Infrastructure Security Agency for records concerning intelligence products and corresponding metadata. Llamas and Klippenstein also requested a fee waiver. The agencies acknowledged receipt of the requests. However, after hearing nothing further from any of the agencies, Llamas and Klippenstein filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. RHOADS et al v. U.S. DEPARTMENT OF DEFENSE (filed Dec 14, 2020)
   Marian Rhoads and Judicial Watch submitted a FOIA request to the Department of the Army for records concerning communications between Michael Buck and six other Army employees pertaining to Rhoads’ request for a reasonable accommodation. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Rhoads and Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
8. NATIONAL SECURITY ARCHIVE v. DEPARTMENT OF STATE (filed Dec 14, 2020)
   The National Security Archive filed suit against the Department of State concerning a number of FOIA requests NSA had submitted to the State Department more than five years ago but still had not received a response.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE (filed Dec 14, 2020)
   BuzzFeed reporter Jason Leopold submitted a FOIA request to the Department of Justice for communications concerning the 2020 Presidential election and its results. Leopold also requested expedited processing. The agency granted Leopold’s request for expedited processing. The agency told Leopold that his request qualified for unusual circumstances. After hearing nothing further from the agency, Leopold filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Dec 14, 2020)
    The American Wild Horse Campaign submitted a FOIA request tot the Bureau of Land Management for records concerning compliance checks done in Wyoming as part of the Adoption Incentive Program in 2019. Despite repeated contacts by AWHC concerning the status of its request, the agency claimed it had not received the request. After hearing nothing further from the agency, AWHC filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
11. AMERICANS FOR PROSPERITY FOUNDATION v. UNITED STATES DEPARTMENT OF COMMERCE (filed Dec 14, 2020)
    The Americans for Prosperity Foundation submitted a FOIA request to the Department of Commerce for records concerning communications to or from either National Telecommunications and Information Administration Senior Advisor Nathan Simington or Acting Assistant Secretary of Commerce for Communications and Information Adam Candeub containing a list of names or entities. AFPF also requested a fee waiver. AFPF agreed to clarify the scope of its request. The agency provided an interim response containing 128 records. The agency withheld 35 records under Exemption 5 (privileges). The agency notified AFPF that it had prepared a second interim response but after hearing nothing further from the agency, AFPF filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
12. AMBERGER v. U.S. DEPARTMENT OF STATE (filed Dec 14, 2020)
    Johann Maximillian Amberger submitted a FOIA request to the Department of State for records concerning a multi-colored map of Syria circulated by Ambassador James Jeffrey between December 2018 and January 2019. The agency acknowledged receipt of the request. In response to Amberger’s request for an estimated time of completion, the agency told him that it would process the request as soon as possible. After hearing nothing further from the agency, Amberger filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
13. SANDERS v. FEDERAL BUREAU OF INVESTIGATION (filed Dec 14, 2020)
    Zachary Ellis Sanders submitted a FOIA request to the FBI for records concerning Project Habitance, a project of the United Kingdom’s National Crime Agency to investigate hidden services given to sex traffickers. The agency acknowledged receipt of the request but after hearing nothing from the agency, Sanders filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Fees, Litigation – Attorney’s fees
14. CATO INSTITUTE v. FEDERAL BUREAU OF INVESTIGATION et al (filed Dec 15, 2020)
    The Cato Institute submitted a FOIA request to the FBI for records concerning External Intelligence Notes created since the creation of the EIN product line. The Cato Institute also requested expedited processing and a fee waiver. The FBI acknowledged receipt of the request. The FBI then denied the request entirely under Exemption 1 (national security), Exemption 3 (other statutes), Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(E) (investigative methods or techniques). The Cato Institute filed an administrative appeal of the denial. The agency upheld its denial on appeal. The Cato Institute then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees
15. WAHDAN v. DEPARTMENT OF HOMELAND SECURITY (filed Dec 15, 2020)
    Ghada Wahdan submitted a FOIA request to the Department of Homeland Security for records. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Wahdan filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. Immigrant Defense Project et al v. United States Department of Homeland Security et al (filed Dec 16, 2020)
    The Immigrant Defense Project and the Center for Constitutional Rights submitted a FOIA request to the Department of Homeland Security for records concerning Operation Palladium. The agency acknowledged receipt of the request. IDP and CCR also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied IDP and CRR’s request for expedited processing. After hearing nothing further from the agencies, IDP and CRR filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Expedited processing, Public Interest Fee Waiver, Litigation – Attorney’s fees
17. Droubi v. United States Department of Transportation (filed Dec 16, 2020)
    Luna Droubi submitted a FOIA request to the Department of Transportation’s Federal Motor Carrier Safety Administration for records concerning the semi-annual historical MCS-150 data from 2000-2019. Droubi also requested the data in a CSV format. The agency acknowledged receipt of the request. Droubi contacted the agency multiple times for a status check. However, after hearing nothing further from the agency, Droubi filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
18. Willamette Riverkeeper v. United States Army Corps of Engineers (filed Dec 16, 2020)
    The Willamette Riverkeeper submitted a FOIA request to U.S. Army Corps of Engineers for records concerning six categories relating to the assessment of the Willamette Valley project dams. Willamette Riverkeeper also requested a fee waiver. The agency acknowledged receipt of the request. Willamette Riverkeeper repeatedly contacted the agency to check on the status of its request. However, after hearing nothing further from the agency, Willamette Riverkeeper filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
19. US Right to Know v. United States Department of Education (filed Dec 17, 2020)
    US Right to Know submitted a FOIA request to the Department of Education for records concerning a request for records from the agency to the University of Texas. USRTK also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, USRTK filed suit.
    Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
20. Immigrant Defense Project v. United States Immigration and Customs Enforcement (filed Dec 17, 2020)
    The Immigrant Defense Project and the New Sanctuary Coalition submitted a FOIA request to U.S Immigration and Customs Enforcement for records concerning the agency’s policies and protocols pertaining to the supervision and monitoring of immigrants pursuant to Orders of Supervision and so-called alternatives to detention. IDP and NSC also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests and granted IDP and NSC a fee waiver but did not address their requests for expedited processing. After hearing nothing further the agency, IDP and NSC filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Expedited processing, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
21. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Dec 18, 2020)
    Citizens United submitted a FOIA request to the Department of State for records concerning materials prepared by agency official Chip Laitinen pertaining to the meeting between former Ambassador to Ukraine Yovanovitch and Karen Tramontano of Blue Star Strategies. The agency acknowledged receipt of the request and told Citizens United that unusual circumstances applied to the request. After hearing nothing further from the agency, Citizens United filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
22. National Consumer Law Center v. Saul (filed Dec 18, 2020)
    The National Consumer Law Center submitted a FOIA request to the Social Security Administration for records concerning the agency’s use of Lexis-Nexis. NCLC also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied NCLC’s request for a fee waiver. NCLC filed an administrative appeal. The agency denied NCC’s appeal. The agency sent an interim response containing five pages and indicated it had withheld records under Exemption 4 (confidential business information). The agency told NCLC that it would provide a subsequent release but after hearing nothing further from the agency, NCLC filed suit.
    Issues: Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees