JAMES MADISON PROJECT et al v. DEPARTMENT OF JUSTICE and 11 other new FOIA lawsuits, plus case descriptions

We have added 110 documents from 12 FOIA cases filed between January 9, 2022 and January 15, 2022. 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. JAMES MADISON PROJECT et al v. DEPARTMENT OF JUSTICE (filed Jan 13, 2022)
   The James Madison Project and journalist Brian Karem submitted a FOIA request to the FBI for records concerning the investigation and ultimate prosecution of Michael Cohen, Donald Trump’s former attorney. The agency acknowledged receipt of the request but after hearing nothing further from the agency, JMP and Karem filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. Daniel Bader v. United States Department of Justice et al (filed Jan 10, 2022)
   Daniel Bader, dba Sea Landing Dive Center, submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning the agency’s investigation of the fire of the dive vessel Conception. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Bader filed an administrative appeal. The agency upheld its original decision. Bader then filed suit.
   Issues: Litigation – Attorney’s fees
3. DEFRAIA v. DEPARTMENT OF JUSTICE (filed Jan 10, 2022)
   Daniel DeFraia submitted a FOIA request to the Department of Justice for records concerning Dr. Andrew Mara’s review and evaluation of DOJ’s Sexual Assault Prevention and Response program. The agency acknowledged receipt of the request and notified DeFraia that it was searching for responsive records. After hearing nothing further from the agency, DeFraia filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. Pistorino v. United States Department of Health and Human Services (filed Jan 11, 2022)
   James Pistorino, an attorney specializing in Medicare litigation, submitted a FOIA request to the Department of Health and Human Services concerning Medicare initial claim approvals or denials from 2018-2020. Pistorino also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Pistorino filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Immigrant Legal Resource Center et al v. Homeland Security et al (filed Jan 11, 2022)
   The Immigrant Legal Resource Center, the American Immigration Council, and the Mijente Support Committee submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning immigration officials’ requests to deviate from interim enforcement and removal priorities. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the requesters filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF THE TREASURY et al (filed Jan 12, 2022)
   Citizens for Responsibility and Ethics in Washington submitted FOIA requests to the Department of Treasury and the Department of State for records concerning alleged discussions between former Treasury Secretary Steven Mnuchin and former State Secretary Mike Pompeo about invoking the 25th Amendment to remove then President Donald Trump from office because of the Jan. 6 Capitol riot. CREW also requested a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. LADER v. UNITED STATES TREASURY DEPARTMENT (filed Jan 12, 2022)
   Daniel Lader submitted a FOIA request to the Department of Treasury for a number of comments submitted in response to Federal Register notices for actions that were more than 25 years old. The agency acknowledged receipt of the request and asked for additional time in which to respond. After hearing nothing further from the agency, Lader filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. GARLAND v. U.S. DEPARTMENT OF DEFENSE et al (filed Jan 13, 2022)
   Journalist Chad Garland submitted a number of FOIA requests to the Department of Defense for a variety of records, including records concerning Stars and Stripes, DOD’s in-house paper. The agency acknowledged receipt of the requests. The agency denied his requests on Stars and Stripes, arguing that it was not an agency subject to FOIA. He filed administrative appeals for those denials. After hearing nothing further from the agency, Garland filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. U.S. Right to Know v. United States Defense Threat Reduction Agency (filed Jan 14, 2022)
   U.S. Right to Know submitted a FOIA request to the Defense Threat Reduction Agency for records concerning the accidental or deliberate release of biological agents in dual-use biosafety research facilities throughout the world. USTK also requested a fee waiver. The agency acknowledged receipt of the request. USTK requested and received an estimated date of completion. However, after hearing nothing further from the agency, USTK filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. MORRIS v. DEL TORO et al (filed Jan 14, 2022)
    Terry Morris, a captain in the Navy, submitted a FOIA request to Carlos Del Toro, the Secretary of the Navy, for records concerning himself, including investigations against him for sexual harassment. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Morris filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
11. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF STATE (filed Jan 14, 2022)
    Protect the Public’s Trust submitted a FOIA request to the Department of State for records concerning discussions to re-initiate funding for the Palestinian Authority. 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
12. Alexander v. Food and Drug Administration (filed Jan 14, 2022)
    George Alexander, an expert of drug safety, submitted six FOIA requests to the FDA for records concerning Risk Evaluation and Mitigation Strategy for six specific drugs. The agency acknowledged receipt of the requests. The agency responded to one of his requests. As a result, Alexander filed an administrative appeal. The agency argued that his appeal was premature because it had not made an adverse decision. After hearing nothing further from the agency, Alexander filed suit.
    Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Expedited processing, Litigation – Attorney’s fees