PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. v. UNITED STATES DEPARTMENT OF JUSTICE

We have added 134 documents from 16 FOIA cases filed between March 26, 2023 and April 1, 2023. 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. PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. v. UNITED STATES DEPARTMENT OF JUSTICE (filed Mar 29, 2023)
   The Project to Protect Privacy and Surveillance Accountability submitted a FOIA request to the Department of Justice for records concerning all opinions issued by FISC or FISCR since October 1978. The FBI acknowledged receipt of the request. The FBI refused to search for records concerning several parts of the request. PPPSA filed an administrative appeal. After hearing nothing further from the agency, PPPSA filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. AMERICAN IMMIGRANT INVESTOR ALLIANCE v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed Mar 27, 2023)
   American Immigrant Investor Alliance submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the agency’s process of adjudicating Forms I-526 and Forms I-829 with regard to the use of currency swaps or informal value transfer systems. The agency acknowledged receipt of the request. After hearing nothing further from the agency, AIIA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 27, 2023)
   Judicial Watch submitted a FOIA request to the FDA for records concerning communications sent, received or maintained in the accounts of Dr. Judy McMeekin, Associate Commissioner for Regulatory Affairs including specified keywords. 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
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Mar 27, 2023)
   Judicial Watch submitted a FOIA request to the Department of Justice for records concerning the billeting of U.S. Capitol Police Lt. Michael at Joint Base Andrews from January 6, 2021 to the present. The agency acknowledged receipt of the request. 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
5. Turem v. U.S. Social Security Administration et al (filed Mar 27, 2023)
   Jason Turem submitted FOIA requests to the Social Security Administration, the Department of Housing and Urban Development, and the Department of Education for records. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, Turem filed suit.
   Issues: Failure to respond within statutory time limit
6. AMERICA FIRST LEGAL FOUNDATION v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Mar 28, 2023)
   America First Legal Foundation submitted a FOIA request to the National Archives and Records Administration for records at the Obama Presidential Library related to Jennifer Choe Groves, a judge on the U.S. Court of International Trade. The agency acknowledged request of the request and indicated that it had response records but we need to contact Obama to get permission to disclose such records. AFL then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
7. LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE (filed Mar 28, 2023)
   Bloomberg News reporter Jason Leopold submitted FOIA requests for records concerning President Biden’s use of classified records. Leopold also requested expedited processing. The agency acknowledged receipt of the request. The agency granted Leopold’s request for expedited processing. After hearing nothing further from the agency, Leopold filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. KLEIN v. FEDERAL BUREAU OF INVESTIGATION (filed Mar 28, 2023)
   Stephen Klein, an attorney and amateur historian, submitted a FOIA request to the FBI for records concerning Michael Patrick Dansdill, who had been convicted of forgery in Casper, Wyoming. While in prison he provided several lengthy interviews about criminal past. He was released from prison and died in 2021. The agency acknowledged receipt of the request but issued a Glomar response. Klein filed an administrative appeal, which was denied. He then filed suit.
   Issues: Determination – Glomar response
9. National Immigration Litigation Alliance et al v. United States Citizenship and Immigration Services (filed Mar 28, 2023)
   The National Immigration Litigation Alliance and the Church World Service submitted FOIA requests tot U.S. Citizenship and Immigration Services for records concerning the processing and adjudication of Form I-730 Refugee/Asylee Relative Petitions submitted by individuals admitted to the United States and by individuals granted asylum. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NILA filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF TRANSPORTATION (filed Mar 29, 2023)
    Judicial Watch submitted a FOIA request to the Department of Transportation for records concerning Secretary Pete Buttigieg’s use of a private airplane. The agency acknowledged receipt of the request. 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
11. Friends of Animals v. National Marine Fisheries Service et al (filed Mar 30, 2023)
    Friends of Animals submitted a FOIA request to the National Marine Fisheries Service and the Animal and Plant Health Inspection Service for records concerning the deaths of Beluga whales at the Mystic Aquarium. Both agencies acknowledged receipt of the requests. NMFS about 250 records, withholding some under Exemption 4 (commercial and confidential) and Exemption 5 (privileges). It also referred 333 records to APHIS. APHIS withheld all the referred records under Exemption 7 (A) (interference with ongoing investigation or proceeding). Friends of Animals filed administrative appeals to both agencies. NMFS did not respond while APHIS upheld its decision except for records already posted on its website. After hearing nothing further from either agency, Friends of Animals filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. FUNCTIONAL GOVERNMENT INITIATIVE v. UNITED STATES DEPARTMENT OF JUSTICE (filed Mar 30, 2023)
    Functional Government Initiative submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning legal payments made to Steptoe & Johnson to represent Lois Lerner and Holly Paz, two former IRS employees. FGI also requested a fee waiver. 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 – Attorney’s fees
13. MID-ATLANTIC INNOCENCE PROJECT v. U.S. DEPARTMENT OF JUSTICE (filed Mar 30, 2023)
    Mid-Atlantic Innocence Project submitted a FOIA request to the Department of Justice concerning George Eugene Napper relating to his criminal prosecution. MAIP also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, MAIP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Kruse v. Rillema et al (filed Mar 30, 2023)
    Gregory Kruse sued Karolyn Rillema and Fruitland Township for records concerning his assessment taxes. This is not a FOIA case.
    Issues: FOIA not mentioned
15. LATHAM & WATKINS LLP v. U.S. DEPARTMENT OF EDUCATION (filed Mar 31, 2023)
    The law firm of Latham & Watkins submitted a FOIA request to the Department of Education for records concerning the agency’s change in position on the definition of third-party servicers. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lathan & Watkins filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. MADRIGAL v. DEPARTMENT OF JUSTICE et al (filed Mar 31, 2023)
    Manfredo Madrigal submitted a FOIA request to the Department of Justice for records concerning communications between the agency and Derek Harvey pertaining to Madrigal. The agency acknowledged receipt and issued a Glomar response. Madrigal filed an administrative appeal. After hearing nothing further from the agency, Madrigal filed suit.
    Issues: Failure to respond within statutory time limit, 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.

• WEBB v. META PLATFORMS, INC. et al (filed Mar 24, 2023)