CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. DEPARTMENT OF JUSTICE et al and 16 other new FOIA lawsuits

We have added 95 documents from 17 FOIA cases filed between February 28, 2021 and March 6, 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. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. DEPARTMENT OF JUSTICE et al (filed Mar 4, 2021)
   Citizens for Responsibility and Ethics in Washington submitted FOIA requests to the Department of Justice, the Department of Homeland Security, the Department of Defense, and the Department of the Interior for records concerning securing the U.S. Capitol Building during the January 6 congressional session to count the electoral votes. CREW also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. Most agencies granted CREW’s requests for expedited processing and a fee waiver. After hearing nothing further from any of the agencies, CREW filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. LANDIS v. FEDERAL BUREAU OF PRISONS et al (filed Mar 3, 2021)
   Carleton Landis, a federal prisoner, submitted FOIA requests to the Office of Personnel Management and the Bureau of Prisons for records concerning the names of employees of the Bureau of Prisons in 2017. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, Landis filed suit.
   Issues: Failure to respond within statutory time limit
3. BORDEN v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Mar 1, 2021)
   Jeremy Borden submitted eight FOIA requests to the Department of Homeland Security for records concerning DHS press releases pertaining to returning artifacts to Iraq. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Borden filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. NEW YORK TIMES COMPANY v. DEFENSE HEALTH AGENCY et al (filed Mar 3, 2021)
   The New York Times submitted FOIA requests to the Defense Health Agency and the Department of Health and Human Services for records concerning anonymous data broken down by zip code of individuals who had been administered at least one dose of a coronavirus vaccine. The New York Times also requested expedited processing. DHA acknowledged receipt of the request and told the Times that the request qualified for unusual circumstances. After hearing nothing further from either agency, the New York Times filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. LEOPOLD et al v. U.S. DEPARTMENT OF INTERIOR et al (filed Mar 4, 2021)
   BuzzFeed Reporter Jason Leopold submitted a FOIA request to the Department of Interior for records concerning the Trump rally that resulted in storming the U.S. Capitol. Leopold also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied Leopold’s request for expedited processing. Leopold also submitted a request to the National Park Service for records concerning the Trump rally that resulted in the storming of the Capitol. He also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied Leopold’s request for expedited processing. After hearing nothing further from the agency, Leopold filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. LEOPOLD et al v. U.S. DEPARTMENT OF TRANSPORTATION et al (filed Mar 4, 2021)
   BuzzFeed Reporter Jason Leopold submitted a FOIA request to the Federal Aviation Administration for records concerning the Trump rally that resulted in storming the U.S. Capitol. He also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied Leopold’s request for expedited processing and a fee waiver. After hearing nothing further from the agency, Leopold filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. Bonner v. Department of Defense (filed Mar 5, 2021)
   Journalist Raymond Bonner submitted two FOIA requests to the Department of Defense for records concerning the audio recording of the August 23, 2016 Periodic Review Board hearing concerning Abu Zubayah. Bonner also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests and denied the request for expedited processing. Bonner filed an administrative appeal of the denial of expedited processing. After hearing nothing further from the agency concerning either of his requests, Bonner filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Adequacy – Search, Litigation – Attorney’s fees
8. BEVILL v. CENTRAL INTELLIGENCE AGENCY (filed Mar 1, 2021)
   James Bevill submitted a FOIA request to the CIA for records concerning his father-in-law Paul Le Baron Springer, who had worked for the CIA. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Bevill filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. LEOPOLD et al v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Mar 2, 2021)
   BuzzFeed Reporter Jason Leopold submitted a FOIA request to the Department of Homeland Security for records concerning plans for implementing the Trump rally that resulted in the storming of the Capitol building. Leopold also requested expedited processing. The agency components acknowledged receipt of the request. Some components granted Leopold’s request for expedited processing while others did not. After hearing nothing further from the agencies, Leopold filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. MUSGRAVE v. DEPARTMENT OF JUSTICE (filed Mar 3, 2021)
    Shawn Musgrave, a freelance journalist, submitted FOIA requests to the Department of Justice for records concerning @ DevinCow Twitter account, an anonymous Twitter account parodying Rep. Devin Nunes, who sued to try to have the site shut down. The FBI and the Office of Information Policy acknowledged receipt of the request but after hearing nothing further from the agency, Musgrave filed suit.
    Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
11. LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE et al (filed Mar 3, 2021)
    BuzzFeed Reporter Jason Leopold submitted FOIA requests to the Department of Justice for records concerning planning for the Trump Rally that ended with the attendees storming the U.S. Capitol. Leopold also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Leopold filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
12. IMMIGRANT LEGAL ADVOCACY PROJECT et al v. US IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Mar 3, 2021)
    The Immigrant Legal Advocacy Project, the University of Maine School of Law Refugee and Human Rights Clinic, and the ACLU of Maine submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning ICE detention policies in Maine, particularly as they related to the pandemic. The requesters also asked for expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Immigrant Legal Advocacy Project and the other requesters filed suit.
    Issues: Failure to respond within statutory time limit, Expedited processing, Fees, Litigation – Attorney’s fees
13. Meyer v. Alaska Public Defender (filed Mar 3, 2021)
    Shaun Meyer, a federal prisoner, submitted a FOIA request to the Alaska Public Defender’s Office for records about himself. This is not a FOIA claim because the Alaska Public Defender’s Office is not a federal agency.
    Issues: FOIA not mentioned
14. LEOPOLD et al v. U.S. DEPARTMENT OF DEFENSE et al (filed Mar 4, 2021)
    BuzzFeed Reporter Jason Leopold submitted FOIA requests to the Department of Defense, the National Guard Bureau, and the Department of the Army for records concerning the Jan. 6 attack on the U.S. Capitol and the government’s response. Leopold also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further any of the agencies, Leopold filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
15. LEE v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Mar 4, 2021)
    Linda Yoo Lee, an attorney, submitted a FOIA request to the Department of Homeland Security for records concerning the entries of her client Sabino Flores-Gonzalez into the United States. 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
16. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Mar 5, 2021)
    Judicial Watch submitted a FOIA request to the Department of Defense for records concerning a January 8 telephone call between General Mark Milley and House Speaker Nancy Pelosi. The agency acknowledged of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
17. Carpezzi v. U.S. Department of Justice (filed Mar 5, 2021)
    Robert Carpezzi submitted a FOIA request to the FBI for records concerning a 2016 FBI investigation into the hacking of Carpezzi’s AOL email account. The agency acknowledged receipt request but denied it entirely under Exemption 6 (invasion or privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption7(E) (investigative methods and techniques). Carpezzi then filed suit.
    Issues: Litigation – Recovery of Costs