DAILY CALLER NEWS FOUNDATION v. U.S. DEPARTMENT OF EDUCATION and 10 other new FOIA lawsuits, plus case descriptions

We have added 86 documents from 11 FOIA cases filed between September 17, 2023 and September 23, 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. DAILY CALLER NEWS FOUNDATION v. U.S. DEPARTMENT OF EDUCATION (filed Sep 21, 2023)
   Daily Caller News Foundation submitted three FOIA requests to the Department of Education for records concerning email communications sent or received by Secretary Miguel Cardona or Rebecca Pringle mentioning books bans or Moms For Liberty and/or Ron DeSantis. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Daily Caller News Foundation filed suit.
   Issues: Litigation – Vaughn index, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. MITHAVAYANI v. U.S. DEPARTMENT OF JUSTICE (filed Sep 19, 2023)
   Anwar Mithavayani submitted a FOIA request to the Department of Justice for records concerning his case. After hearing nothing further from the agency, Mithavayani filed suit.
   Issues: Failure to respond within statutory time limit
3. INFORMED CONSENT ACTION NETWORK v. NATIONAL INSTITUTES OF HEALTH (filed Sep 23, 2023)
   Informed Consent Action Network submitted a FOIA request to the National Institute of Health for records concerning emails between 2019 and the present which include Francis Collins or his email address and ivermectin. ICAN also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ICAN filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
4. Torres v. U.S. Department of Justice (filed Sep 18, 2023)
   Wilfredo Torres submitted a FOIA request to the Department of Justice. After hearing nothing further from the agency, Torres filed suit.
   Issues: Failure to respond within statutory time limit
5. FUNCTIONAL GOVERNMENT INITIATIVE v. INTERNAL REVENUE SERVICE (filed Sep 19, 2023)
   Functional Government Initiative submitted a FOIA request to the IRS for records from IRS official Niloke Flax containing any of the large list of key words. The IRS acknowledged receipt of the request. The IRS told FGI that it could not determine what records FGI was seeking. FGI attempted to clarify its request. The IRS told FGI that it could find no records responsive to the request. FGI filed an administrative appeal. The IRS remanded the case for further searching. After hearing nothing further from the agency, FGI filed suit.
   Issues: Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. VIVEK 2024 v. DEPARTMENT OF JUSTICE (filed Sep 20, 2023)
   Vivek 2024 submitted FOIA request to the Department of Justice for records concerning the indictment of former President Donald Trump and any indications that the indictment was intended to benefit Joe Biden. The agency acknowledged receipt of the request. The agency told Vivek 2024 that its referral to the FBI had been closed because the request was too vague. After hearing nothing further from the agency, Vivek 2024 filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. AMERICA FIRST LEGAL FOUNDATION v. UNITED STATES FEDERAL TRADE COMMISSION (filed Sep 21, 2023)
   America First Legal Foundation submitted a FOIA request to the Federal Trade Commission for records concerning the agency filing suit against Elon Musk for purchasing Twitter. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). AFL filed an administrative appeal. The FTC denied the appeal. AFL then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
8. Government Accountability Project v. Environmental Protection Agency (filed Sep 21, 2023)
   Government Accountability Project submitted a FOIA request to the EPA for records concerning communications from other agencies and entities pertaining to the train derailment that resulted chemical spill in East Palestine, Ohio. GAO also requested a fee waiver and expedited processing. Ther agency acknowledged receipt of the request and denied GAO’s requests for a fee waiver and expedited processing. After hearing nothing further from the agency, GAO filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. SOLIMAN v. TRANSPORTATION SECURITY ADMINISTRATION (filed Sep 22, 2023)
   Ayman Fareh Soliman submitted a FOIA request to the Transportation Security Administration for records concerning himself. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Soliman filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. INFORMED CONSENT ACTION NETWORK v. U.S. GENERAL SERVICES ADMINISTRATION (filed Sep 23, 2023)
    Informed Consent Action Network submitted a FOIA request to the General Services Administration for records concerning sufficient to identify the deliverables from Peraton, Inc. ICAN also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, ICAN filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
11. INFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION (filed Sep 23, 2023)
    Informed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning the smallpox and Mpox vaccines in response to survey/health check-in questions with pre-populated response options. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ICAN filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees