CATO INSTITUTE v. FEDERAL BUREAU OF INVESTIGATION et al and 9 other new FOIA lawsuits, plus case descriptions

We have added 54 documents from 9 FOIA cases filed between January 3, 2021 and January 9, 2021. 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. CATO INSTITUTE v. FEDERAL BUREAU OF INVESTIGATION et al (filed Jan 7, 2021)
   The Cato Institute submitted a FOIA request to the FBI for records concerning deceased Senator Frank Church. The agency acknowledged receipt of the request. The agency disclosed 469 pages from its preprocessed file. The Cato Institute asked for an estimated date of completion. The agency told the Cato Institute that its request was still being processed. The Cato Institute also requested records concerning deceased Senator Barry Goldwater. The agency acknowledged receipt of the request and disclosed 430 pages of preprocessed records. The agency indicated there was an additional 2,867 pages of responsive records. The Cato Institute refused to narrow its request. The Cato Institute also submitted a FOIA request for records concerning deceased Rep. Bella Abzug. The agency acknowledged receipt of the request. The agency disclosed 969 pages of preprocessed records and told the Cato Institute that it had located 4,254 pages of responsive records. The Cato Institute declined to narrow the request and the FBI put it on the complex track. The Cato Institute also submitted a FOIA request for concerning the New Left. The agency acknowledged receipt of the request and disclosed 312 pages. The agency told the Cato Institute it had located an approximately another 12,000 potentially responsive records. As a result, the agency placed the New Left request in the complex track. After hearing nothing further from the agency concerning any of its requests, the Cato Institute filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. Maweu v. Wray (filed Jan 5, 2021)
   Brian Mawen, a prisoner, submitted a FOIA request to the FBI for records concerning the implementation of policies pertaining to covid-19 policies. After hearing nothing further from the agency, Mawen filed suit.
   Issues: Failure to respond within statutory time limit
3. BAY AREA LEGAL AID v. U.S. DEPARTMENT OF EDUCATION (filed Jan 4, 2021)
   Bay Area Legal Aid submitted a FOIA request to the Department of Education for records concerning applications for false certification discharge of student debt. The agency acknowledged receipt of the request. The agency withheld some records under Exemption 6 (invasion of privacy). Bay Area Legal Aid filed an administrative appeal. The agency partially granted Bay Area Legal Aid’s appeal. Bay Area Legal Aid then filed suit.
   Issues: Litigation – Attorney’s fees
4. ARGYLE SYSTEMS INC. v. INTERNAL REVENUE SERVICE (filed Jan 5, 2021)
   Argyle Systems, Inc. submitted a FOIA request to the IRS for records concerning registered Payroll Service Providers. The agency acknowledged receipt of the request. The agency told Argyle that it did not know where to search for responsive records. Argyle Systems filed an administrative appeal. The agency denied Argyle Systems’ appeal. Argyle Systems then filed suit.
   Issues: Litigation – Attorney’s fees
5. WHEELER v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Jan 4, 2021)
   Ronald Wheeler, a state prisoner in Pennsylvania, submitted a FOIA request to the Department of Justice for records concerning the government’s investigation of drug trafficking charges against him. The agency acknowledged receipt of the request and withheld all records under Exemption 7(A) (interference with ongoing investigation or proceeding). Wheeler filed an administrative appeal, which was denied. He then filed suit.
   Issues: Exemption 7(A) – Interference with ongoing investigation
6. JARVIS v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (filed Jan 8, 2021)
   Derek Jarvis submitted a FOIA request to the Department of Housing and Urban Development for records concerning an investigation of Grady Management. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Jarvis filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
7. Cox v. Johnson et al (filed Jan 4, 2021)
   Theodore Cox submitted a FOIA request to the Department of Homeland Security for records concerning the issuance of travel documents by the government of the People’s Republic of China. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Cox filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. LEOPOLD et al v. U.S. GENERAL SERVICES ADMINISTRATION (filed Jan 5, 2021)
   BuzzFeed reporter Jason Leopold submitted a FOIA request to the General Services Administration for records concerning communications sent to or from GSA administrator Emily Murphy mentioning the 2020 presidential election. Leopold also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and granted Leopold’s request for expedited processing and a fee waiver. The agency told Leopold that it was reviewing over 1,000 pages of responsive records. After hearing nothing further from the agency, Leopold filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. LEE v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY (filed Jan 5, 2021)
   Linda Yoo Lee, an attorney, submitted a FOIA request to U.S. Customs and Border Protection for records concerning her client Luis Domingo’s entry into the United States. Lee also included an authentication of identity for her client. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lee filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 1 document from 1 case, with an earlier filing date, that has recently appeared on PACER.

• Gonzalez v. Justice et al (filed Jan 2, 2021)