FOIA Activity: 69 new FOIA court documents, plus case descriptions

We have added 69 documents from 8 FOIA cases filed between March 21, 2021 and March 27, 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. Oliver B. Mitchell III v. Lydie L. Hazan, M.D., et al (filed Mar 26, 2021)
   Oliver Mitchell submitted a FOIA request to the Food and Drug Administration for records concerning his participation in a clinical trial on syphilis run by Axis Clinical Trials. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Mitchell filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
2. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF STATE (filed Mar 22, 2021)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of State for records concerning the efforts of Rudy Giuliani and his allies to replace the leadership of Naftogaz, the Ukrainian gas company. CREW also requested a fee waiver. The agency acknowledged receipt of the request and invoked a 10-day extension. After hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. KAYE v. CENTRAL INTELLIGENCE AGENCY et al (filed Mar 23, 2021)
   Jeffrey Kaye submitted a FOIA request to the CIA for records concerning visits by members of the Senate Select Intelligence Committee to CIA-run or administered prisons or detainee detention sites between September 2001 and September 2006. The agency acknowledged receipt of the request and denied the request entirely under Exemption 1 (national security) and Exemption 3 (other statutes). Kaye filed an administrative appeal of the request but after hearing nothing further from the agency, Kaye filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. GOOZNER v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Mar 25, 2021)
   Merrill Goozner, a journalist, asked the National Archives and Records Administration for the status of records he had requested from the FBI that had been referred to NARA for processing. NARA told Goozner that his referral was still in line for processing. After hearing nothing further from the agency, Goozner filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. SCARLETT v. OFFICE OF INSPECTOR GENERAL (filed Mar 23, 2021)
   Carol Scarlet submitted a FOIA request to the Office of the Inspector General at the National Science Foundation for records concerning a complaint filed against her in alleged retaliation for seeking a small business grant. The agency acknowledged request of the request but told Scarlet that any personally identifying information would be redacted. Scarlet filed an administrative appeal of the decision but after hearing nothing further from the agency, Scarlet filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
6. Harvard Immigration and Refugee Clinical Program v. Department of Homeland Security et al (filed Mar 22, 2021)
   The Harvard Immigration and Refugee Clinical Program submitted FOIA requests to the Department of Homeland Security and the Department of Justice for records concerning the implementation of the Nationwide Policy and National Qualified Representative Program. HIRCP also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests but told HIRCP that they found no responsive records. HIRCP filed administrative appeals of those no records finding but after hearing nothing further from the agencies, HIRCP filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Expedited processing, Public Interest Fee Waiver, Litigation – Attorney’s fees
7. Catholic Legal Immigration Network, Inc. v. Executive Office for Immigration Review (filed Mar 26, 2021)
   The Catholic Legal Immigration Network submitted a FOIA request to the Executive Office for Immigration Review for records concerning proceeding related to Calvin Boseke. The agency acknowledged receipt of the request. After hearing nothing further from the agency, CLIN filed an administrative appeal. EOIR responded that since there had been no adverse decision, yet it would not consider CLIN’s administrative appeal. CLIN then filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
8. LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE (filed Mar 24, 2021)
   BuzzFeed reporter Jason Leopold submitted a FOIA request to the Department of Justice for records concerning communications between then President Donald Trump and then Attorney General Jeffrey Rosen pertaining to the results of the presidential election. Leopold also requested expedited processing. The agency components acknowledged receipt of the request. Some components granted expedited processing while others did not respond to Leopold’s request for expedited processing. After hearing nothing further from the agency components, Leopold filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees