FOIA Activity: 94 new FOIA court documents, plus case descriptions
We have added 93 documents from 16 FOIA cases filed between October 24, 2021 and October 30, 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.
- Walton v. Alcohol, Tobacco, Firearms and Explosives, Bureau of (filed Oct 29, 2021)
Keith Walton, a federal prisoner, submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning his incarceration on gun charges. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Walton filed suit.
Issues: Failure to respond within statutory time limit - AMERICAN TRANSPARENCY v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Oct 25, 2021)
American Transparency submitted a FOIA request to the National Institute of Health for records concerning the employment contract for Anthony Fauci, including any confidentiality or conflict documents. The agency acknowledged receipt of the request. The agency located and disclosed 51 pages. American Transparency submitted a second FOIA request for ethics records pertaining to Fauci. The agency told American Transparency that it was combining the second request with the first request. American Transparency then filed a third FOIA request for records concerning royalties paid to current and past NIH employees for work done when they were federal employees. After hearing nothing further from the agency, American Transparency filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Oct 25, 2021)
Judicial Watch submitted a FOIA request to U.S. Secret Service for records concerning incidents of dog bites of Secret Service personnel by President Joe Biden’s dogs as well as vaccine and medical records for the dogs. The agency acknowledged receipt 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 - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Oct 25, 2021)
Judicial Watch submitted a FOIA request to the Defense Intelligence Agency for records concerning the purchase and utilization of data of individuals within the United States. The agency acknowledged receipt 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 - JUDICIAL WATCH, INC. v. U.S. SECURITIES AND EXCHANGE COMMISSION (filed Oct 26, 2021)
Judicial Watch submitted a FOIA request to the Securities and Exchange Commission for records concerning the proceeding In the Matter of Entrade, Inc., from January 4, 2006. The agency acknowledged receipt 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 - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Oct 27, 2021)
Judicial Watch submitted a FOIA request to the Transportation Security Administration for records concerning extra protections given to members of Congress on airline flights from Jan. 6 to May 3, 2021. The agency acknowledged receipt 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 - NATIONAL SECURITY ARCHIVE v. CENTRAL INTELLIGENCE AGENCY (filed Oct 27, 2021)
The National Security Archive submitted a FOIA request to the CIA for records concerning 1989 records referred to as the Perhoots records pertaining to the 1983 Soviet War Scare. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the National Security Archive filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - ANTIPOV v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY (filed Oct 28, 2021)
Michael Antipov, a Swiss citizen, submitted a FOIA request to the Department of Homeland Security for records concerning the agency’s decision to bar him from traveling to the United States because had had overstayed his tourist visa as a teenager. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Antipov filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - LEOPOLD et al v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (filed Oct 29, 2021)
BuzzFeed reporter Jason Leopold submitted a FOIA request for records concerning communications to former ODNI Director Kash Patel. The agency acknowledged receipt of the request and asked Leopold to prioritize his unanswered FOIA requests to ONDI in the past seven years. After hearing nothing further from the agency, Leopold filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Newman v. State of Delaware Division of Public Health (filed Oct 28, 2021)
Shantel Newman filed suit against the Delaware Division of Public Health. This is not a FOIA claim.
Issues: FOIA not mentioned - Checksfield v. Internal Revenue Service (filed Oct 29, 2021)
Kevin Checksfield submitted a FOIA request to the IRS for records. The agency acknowledged receipt of the request but after hearting nothing further from the agency, Checksfield filed suit
Issues: Failure to respond within statutory time limit - Juan Jose Carvajal Ramirez v. U.S.Department of State et al (filed Oct 25, 2021)
Juan Jose Carvajal Ramirez submitted FOIA requests to the Department of State and the Department of Homeland Security for records concerning his immigration status. Ramirez also asked for expedited processing. The agencies denied his requests for expedited processing. Ramirez filed an administrative appeal. After hearing nothing further from either agency, Ramirez filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees - SCHNAPF v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Oct 25, 2021)
Lawrence Schnapf, an attorney and professor of law at New York University, submitted a FOIA request to the National Archives and Records Administration for records concerning two October 2017 letters sent to the Trump administration by NARA pertaining to the release of remaining records under the JFK Act. Schnapf also requested expedited processing. The agency acknowledged of the request. The agency denied Schnapf’s request for expedited processing. Schnapf then filed suit.
Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees - AMERICA FIRST LEGAL FOUNDATION v. DEPARTMENT OF STATE (filed Oct 26, 2021)
America First Legal Foundation submitted a FOIA request to the Department of State for records concerning the agency’s failure to comply with its obligations under the PLO Commitments Compliance Act of 1989. The agency acknowledged receipt of the request. After hearing nothing further from the agency, America First Legal Foundation filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - CITIZENS UNITED v. UNITED STATES DEPARTMENT OF DEFENSE (filed Oct 26, 2021)
Citizens United submitted a FOIA request to the Department of Defense for records concerning communications and memos sent to or from a list of agency officials. The agency acknowledged receipt of the request but 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 - TOBIAS v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Oct 27, 2021)
Reporter Jimmy Tobias submitted FOIA requests to the National Institute of Health for records concerning communications between senior officials concerning EcoHealth. The agency acknowledged receipt of the requests. Tobias agreed to narrow the scope of some requests but after hearing nothing further from the agency, Tobias filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, 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.
- COLLIER v. KENDALL (filed Oct 19, 2021)
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