FOIA Activity: 82 new FOIA court documents, plus case descriptions

We have added 81 documents from 13 FOIA cases filed between September 19, 2021 and September 25, 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. Martinez v. Administrative Office of the United States Courts (filed Sep 20, 2021)
   Chase Martinez requested records from the Administrative Office for U.S. Courts for records concerning his trial. This is not a FOIA claim because the judiciary is not subject to FOIA.
   Issues: FOIA not mentioned
2. Justice Action Center et al v. U.S. Dept. of Homeland Security et al (filed Sep 22, 2021)
   Justice Action Center and Immigrant Defenders Law Center submitted FOIA requests to the Department of Homeland Security and the Department of Health and Human Services for records concerning the processing of minor children at the southern border. JAC and IDLC requested a fee waiver. The agencies acknowledged receipt of the request. The agencies provided a conditional grant to the fee waiver request except for Customs and Border Protection, which denied the fee waiver request. After hearing nothing further from the agencies, JAC and IDLC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Adequacy – Search, Litigation – Attorney’s fees, Public Interest Fee Waiver
3. WP COMPANY LLC v. U.S DEPARTMENT OF THE AIR FORCE et al (filed Sep 20, 2021)
   The WP Company, the parent company of the Washington Post, submitted FOIA requests to the Department of the Air Force and the Department of the Navy for records concerning foreign-government-employment. The agencies acknowledged receipt of the requests. The Navy disclosed 494 pages of record with redaction under Exemption 4 (commercial and confidential), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). The Navy disclosed an additional 502 pages with redactions. The Washington Post filed an administrative appeal of the denial. The Navy indicated that since these records would be affected by the decision in a related case involving the Department of Defense, the Navy declined to resolve the appeal. The Air Force acknowledged receipt of the request and told the Post that it would begin to process the request. After hearing nothing further from either agency, the Washington Post filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Sep 20, 2021)
   Judicial Watch submitted FOIA requests to the Executive Office for U.S. Attorneys and the Civil Rights Division of the Department of Justice for records concerning the investigation of the death of Ashli Babbitt, who was killed while trying to break into the Capitol Building on Jan 6, 2021. The components acknowledged receipt of the requests but after hearing nothing further from either component, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. CENTER FOR PUBLIC INTEGRITY v. SOUTH DAKOTA NATIONAL GUARD et al (filed Sep 22, 2021)
   The Center for Public Integrity submitted a FOIA request to the South Dakota National Guard and the Department of Defense for records concerning a grant from Willis and Reba Johnson to the South Dakota National Guard. The agency acknowledged receipt of the request. The SDNG told the Center of Public Integrity that it would not respond to the request because it was not subject to FOIA. After hearing nothing further from the agency, CPI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF THE ARMY et al (filed Sep 22, 2021)
   Citizens for Responsibility and Ethics in Washington submitted FOIA requests to the Department of Army and the South Dakota National Guard for records concerning outside donations to fund sending SDNG troops to the southern border. CREW also requested a fee waiver, the agency acknowledged receipt of the request but told CREW that since it was a hybrid agency with both federal and state functions it would respond. CREW then filed suit.
   Issues: Failure to respond within statutory time limit, Agency – Federal, Litigation – Attorney’s fees
7. PROTECT THE PUBLIC'S TRUST v. UNITED STATES DEPARTMENT OF ENERGY (filed Sep 23, 2021)
   Protect the Public’s Trust submitted a FOIA request to the Department of Energy for records concerning communications to, from, or pertaining to Kelly Speakes-Backman, head of the agency’s Office of Energy Efficiency and Renewable Energy. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Luthmann v. The Federal Bureau of Investigation (filed Sep 24, 2021)
   Richard Luthman submitted a FOIA request to the FBI for records concerning himself. The FBI acknowledged receipt of the request. The FBI denied Luthman’s request under Exemption 7(A) (interference with ongoing investigation or proceeding). Luthman filed an administrative appeal. After hearing nothing further from the agency, Luthman filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
9. Cruz v. United States of America (filed Sep 22, 2021)
   Jerico Cruz submitted a FOIA request to the Department of Veterans Affairs for records concerning himself. After hearing nothing further from the agency, Cruz filed suit.
   Issues: Failure to respond within statutory time limit
10. Bahrampour v. National Security Agency et al (filed Sep 20, 2021)
    Afshin Bahrampour submitted a FOIA request to the National Security Agency for records concerning himself. After hearing nothing further, Bahrampour filed suit.
    Issues: Failure to respond within statutory time limit
11. Hall v. United States of America et al (filed Sep 20, 2021)
    Virgil Hall was stopped by police in Utah and was turned over to the Drug Enforcement Administration for investigation of drug charges. He filed suit against Utah and the DEA for disclosure of records pertaining to his case. He then filed suit. He may have a cause of action against DEA but not Utah.
    Issues: Failure to respond within statutory time limit
12. SPEAKING TRUTH TO POWER v. U.S. DEPARTMENT OF COMMERCE (filed Sep 24, 2021)
    Speaking Truth to Power submitted a FOIA request to the Department of Commerce for records concerning communications related to the government’s use of the Solar Winds Orion System. STTP also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request and granted STTP’s request for expedited processing and a fee waiver. The agency located responsive records but withheld some Exemption 4 (commercial and confidential), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). The agency continued to disclose records but in interim responses but after hearing nothing further from the agency, STTP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Shea v. Nace (filed Sep 22, 2021)
    William Shea filed suit against Joshua Oliver Nace, his former son-in-law who accused Shea of defamation as part of divorce proceedings. This is not a FOIA request.
    Issues: FOIA not mentioned

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

• BURKE v. DEPARTMENT OF JUSTICE (filed Sep 13, 2021)