CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE and 8 other new FOIA lawsuits, plus case descriptions

We have added 55 documents from 7 FOIA cases filed between June 20, 2021 and June 26, 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 UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Jun 21, 2021)
   Citizens United submitted a FOIA request to the Department of State for records concerning emails, letters, or memos sent to or from a long list of employees. Citizens United also requested expedited processing. The agency acknowledged receipt of the request and denied Citizens United’s request for expedited processing. After hearing nothing further from the agency, Citizens United filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. Keefe v. Federal Bureau Of Investigation (filed Jun 21, 2021)
   Patrick Keefe submitted a FOIA request to the FBI for records concerning Edwin Wilson, a former CIA officer who was convicted in 1983 of illegally selling weapons to Libya. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Keefe filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. AMERICAN ACCOUNTABILITY FOUNDATION v. U.S. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (filed Jun 22, 2021)
   The American Accountability Foundation submitted two FOIA requests to the Bureau of Alcohol, Tobacco and Firearms for records concerning records pertaining to investigations of misconduct or malfeasance by David Chipman, who had been nominated to become the director of the agency. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, AAF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. NAUMES v. DEPARTMENT OF THE ARMY (filed Jun 22, 2021)
   Sarah Katherine Naumes submitted a FOIA request to the Department of the Army for records concerning all versions of the Global Assessment Tool questionnaire from 2008 to the present. The agency acknowledged receipt of the request. The agency then told Naumes it was administratively closing her request. After hearing nothing further from the agency, Naumes files suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. Michels v. U.S. Department of Justice (filed Jun 24, 2021)
   John Michels submitted a FOIA request to the FBI for records concerning 14 categories of records. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (ongoing investigation or proceeding). Michels filed an administrative appeal with the Office of Information Policy. OIP acknowledged receipt of the appeal. After hearing nothing further from the agency, Michels filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. REED SMITH LLP v. DEPARTMENT OF HOMELAND SECURITY et al (filed Jun 24, 2021)
   The law firm of Reed Smith LLP, who was representing Greyhound Lines, submitted a FOIA request to the Department of Homeland Security for records concerning the State of Washington’s lawsuit against Greyhound for allowing Customs and Border Protection agents to board its buses in search of undocumented migrants. Reed Smith also requested expedited processing. The agency acknowledged receipt of the request and denied Reed Smith’s request for expedited processing. After hearing nothing further from the agency, Reed Smith filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. BADER FAMILY FOUNDATION v. UNITED STATES SMALL BUSINESS ADMINISTRATION (filed Jun 25, 2021)
   The Bader Family Foundation submitted a FOIA request to U.S. Small Business Administration for records concerning prioritizing loans under any COVID-19 relief legislation to woman-owned restaurants. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Bader Family Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 2 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• AMERICAN IMMIGRATION COUNCIL v. DEPARTMENT OF HOMELAND SECURITY et al (filed Jun 17, 2021)
• KENDRICK v. DRUG ENFORCEMENT ADMINISTRATION (filed Jun 14, 2021)