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CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF HOMELAND SECURITY, plus case descriptions

by Harry Hammitt on November 4th, 2022

We have added 146 documents from 22 FOIA cases filed between October 23, 2022 and October 29, 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. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Oct 25, 2022)
    Citizens for Responsibility and Ethics in Washington submitted a FOIA request to U.S. Secret Service for records concerning the IG’s investigations of the agency’s recordkeeping practices, including the disappearance of text messages. CREW also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request and took a 10-day extension to respond. After hearing nothing further from the agency, CREW filed suit.
    Issues: Litigation – Attorney’s fees, Expedited processing, Failure to respond within statutory time limit, Public Interest Fee Waiver
  2. Higginbotham v. Felton (filed Oct 26, 2022)
    Robert Higginbotham filed suit to get access to court records held by the Records Clerk in Centerton, AR. This is not a FOIA case.
    Issues: FOIA not mentioned
  3. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Oct 24, 2022)
    Protect the Public’s Trust submitted a FOIA request to the Department of Health and Human Services for records concerning communications containing the term anti-racism sent or from Secretary Xavier Becerra and other senior officials. The agency acknowledged receipt of the request. The agency took a 10-day extension in which to respond. After hearing nothing further from the agency, PPT filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  4. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Oct 24, 2022)
    White Coat Waste Project submitted two FOIA requests to the National Institute of Health for records. The first request asked for records concerning NIH Intermural Project A1001089 on viral hemorrhagic fevers. WCWP’s second request asked for records concerning current intermural non-human primate research. The agency acknowledged receipt of both requests. In reference to the first request, the agency asked WCWP if it would accept narrowing of its request. WCWP agreed to the changes. After hearing nothing further about either request, WCWP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  5. ELLIOTT v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (filed Oct 25, 2022)
  6. FUNCTIONAL GOVERNMENT INITIATIVE v. FEDERAL TRADE COMMISSION (filed Oct 26, 2022)
    Functional Government Initiative submitted a FOIA request to the Federal Trade Commission for records concerning the investigation of the infant formula industry and supply chains. The agency acknowledged receipt of the request but after hearing nothing further from the agency, FGI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
  7. AMERICA FIRST LEGAL FOUNDATION v. U.S. DEPARTMENT OF JUSTICE (filed Oct 26, 2022)
    The American First Legal Foundation submitted four FOIA requests to the Department of Justice for records concerning the case against Colinford Mattis and Urooj Rahman. AFL also requested a fee waiver for each request. The agency acknowledged receipt of the requests. The Executive Office of U.S. Attorneys denied AFL’s request because it was for third-party information. AFL filed an administrative appeal of that decision. After hearing nothing further from the agency, AFL filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
  8. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Oct 26, 2022)
    Judicial Watch submitted a FOIA request to U.S. Secret Service for records concerning communications between the agency and the FBI related to the search of former President Trump’s residence at Mar-a-Lago for presidential records. The agency acknowledged receipt of the request. After a search, the agency told Judicial Watch that it found no responsive records. Judicial Watch filed an administrative appeal of the no records response. 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
  9. FUNCTIONAL GOVERNMENT INITIATIVE v. OFFICE OF MANAGEMENT AND BUDGET (filed Oct 26, 2022)
    Functional Government Initiative submitted a FOIA request to OMB for records concerning the implementation of E.O. 13990 and 14008 regarding returning NEPA to its pre-2020 provisions. The agency acknowledged of the request but after hearing nothing further from the agency, FGI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  10. FUNCTIONAL GOVERNMENT INITIATIVE v. COUNCIL ON ENVIRONMENTAL QUALITY (filed Oct 27, 2022)
    Functional Government Initiative submitted a FOIA request to the Council on Environmental Quality for records concerning the implementation of E.O. 13990 and 14008 regarding returning NEPA to its pre-2020 provisions. The agency acknowledged of the request but after hearing nothing further from the agency, FGI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  11. MORRISON URENA, L.C. v. UNITED STATES DEPARTMENT OF STATE (filed Oct 27, 2022)
    The law firm of Morrison Urena submitted FOIA requests to the Department of State for records concerning its diversity visa program. The agency acknowledged receipt of the request and told the law firm that it would need to take more time to respond. After hearing nothing further from the agency, Morrison Urena filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  12. DERYCK v. DEPARTMENT OF DEFENSE et al (filed Oct 27, 2022)
    Christopher Deryck submitted FOIA requests to the Department of Defense, the Department of Navy, and the Defense Counterintelligence and Security Agency concerning the reason why his security clearance was suspended. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Deryck filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  13. WAR HORSE NEWS, INC. et al v. U.S. DEPARTMENT OF THE NAVY et al (filed Oct 28, 2022)
    War Horse News reporter Thomas Brennan submitted a FOIA request to the Department of the Navy and the Marine Corps for records concerning the Officer Disciplinary Notebook Management System database. The agency acknowledged receipt of the request and denied the request entirely under Exemption 5 (privileges). War Horse News filed an administrative appeal. The Marine Corps denied the appeal. War Horse News then filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  14. NATIONAL HEALTH IT COLLABORATIVE FOR THE UNDERSERVED v. U.S DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Oct 28, 2022)
    The National Health IT Collaborative for the Underserved submitted a FOIA request to the Department of Health and Human Services for records concerning communications from Thomas Novak pertaining to a list of specified subjects and issues. The agency acknowledged of the request. The agency disclosed 125 pages with redactions. NHIT filed an administrative appeal. After hearing nothing further from the agency, NHIT filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  15. BLOOMBERG L.P. v. FEDERAL TRADE COMMISSION (filed Oct 28, 2022)
    Bloomberg News submitted a FOIA request to the Federal Trade commission for records concerning pre-consummation warning letters issued by the agency since July 2021 as disclosed in its August 3 web post. The agency acknowledged receipt of the request. The agency denied the request entirely under Exemption 7(A) (interference with ongoing investigation or proceeding). Bloomberg News filed an administrative appeal. The FTC affirmed its denial. Bloomberg News then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees
  16. JUDICIAL WATCH, INC. v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Oct 28, 2022)
    Judicial Watch submitted two FOIA requests to the National Archives and Records Administration for records from the Barrack Obama Presidential Library for records concerning a variety of issues. The agency acknowledged receipt of the requests 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
  17. New York Times Company et al v. U.S. Department of Health and Human Services, (filed Oct 24, 2022)
    New York Times reporter Hannah Drier submitted FOIA requests to the Department of Health and Human Services for records concerning a database of unaccompanied child 30-day wellness calls and/or visits since January 2017. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the New York Times Company filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  18. Knight First Amendment Institute at Columbia University v. Office of the Director of National Intelligence et al (filed Oct 24, 2022)
    The Knight First Amendment Institute submitted FOIA requests to the Office of the Director of National Intelligence, the Public Interest Declassification Board, and the CIA for records concerning the killing of Jamil Khashoggi, including the report from the Public Interest Declassification Board recommending that President Joe Biden declassify the records entirely. The Knight Institute also asked for expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. ONDI denied the Knight Foundation’s request for expedited processing while neither the PIDB nor the CIA acted upon the request at all. After hearing nothing further from any of the agencies, the Knight Institute filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  19. Miller v. Federal Bureau of Investigation (filed Oct 24, 2022)
    Travis Miller submitted a FOIA request to the FBI for records concerning interview transcripts and FD-302s concerning interviews of Jeffrey Epstein. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Miller filed an administrative appeal of the denial. After hearing nothing further from the agency, Miller filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  20. Heath v. Department of Defense (filed Oct 23, 2022)
    Quinn Heath, an attorney who specializes in cannabis policy, submitted a FOIA request to the Department of Defense for records concerning a report from the Defense Technical Reports catalogue called a Catalogue of Audiovisual Productions, Vol. II. The agency originally lost the request finally acknowledged receipt of the request. After hearing nothing further from the agency, Heath filed suit.
    Issues: Adequacy – Search, attorney’s fees, Failure to respond within statutory time limit
  21. FINKELSTEIN v. FOOD AND DRUG ADMINISTRATION (filed Oct 25, 2022)
    Katherine Finkelstein, a journalist, submitted a FOIA request to the FDA for records concerning the Living Brain Project. Finkelstein also requested expedited processing and a fee waiver. The agency acknowledged of the request and denied her request for expedited processing. The agency disclosed some records, Finkelstein filed an administrative appeal. After hearing nothing further from the agency, Finkelstein filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  22. BIGGINS v. UNITED STATES POSTAL SERVICE (filed Oct 27, 2022)
    Thomas Biggins submitted FOIA requests to U.S. Postal Service for records concerning the operation of the Princeton Junction post office. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Biggins filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

From → FOIA, PACER

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