REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS v. UNITED STATES DEPARTMENT OF DEFENSE et al, plus case descriptions

We have added 70 documents from 8 FOIA cases filed between December 31, 2023 and January 6, 2024. 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. REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS v. UNITED STATES DEPARTMENT OF DEFENSE et al (filed Jan 3, 2024)
   The Reporters Committee for Freedom of the Press submitted a request to the Department of the Army for records concerning guidance and policies for military blogging. The Reporters Committee also requested news media preferential fee treatment. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Reporters Committee filed suit.
   Issues: Fee Category – Media or Educational, Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
2. Basey v. United States Department of Justice et al (filed Jan 4, 2024)
   Kaleb Basey’s FOIA suit against the Executive Office for U.S. Attorneys was transferred to the District of Alaska from the Eastern District of Kentucky.
   Issues: Adequacy – Search
3. ATECH Inc v. United States Department of the Air Force (filed Jan 5, 2024)
   Altech, Inc. submitted a FOIA request to the Department of Air Force for records concerning the SmartArrest test effort. The agency acknowledged receipt of the request. The agency disclosed a heavily redacted version of the report, with exemptions primarily made under Exemption 5 (privileges). Altech filed an administrative appeal. The agency acknowledged receipt of the appeal. After hearing nothing further from the agency, Altech filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jan 2, 2024)
   Judicial Watch submitted a FOIA request to the Cybersecurity and Information Agency for records concerning Judicial Watch, or Tom Fitton from January 2019 to the present. 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
5. WHITNEY v. U.S. DEPARTMENT OF DEFENSE et al (filed Jan 2, 2024)
   Jack Whitney, an independent documentary filmmaker, submitted a FOIA request to the Department of Defense for records concerning the investigation of the parachute incident that killed SFC Ethan Carpenter, which took place at the Parachute Training and Testing Facility at Pinal Airpark, Arizona. The agency acknowledged receipt of the request. The agency disclosed records but withheld records under Exemption 3 (other statutes) and Exemption 6 (invasion of privacy). Whitney filed an administrative appeal. The agency released it had released previously. Whitney then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
6. MCGINN v. MAYORKAS et al (filed Jan 2, 2024)
   Thomas McGinn, a whistleblower, submitted three FOIA requests to the Department of Homeland Security for records. The first two requests asked for records about himself. The third request asked for records about his OSC complaints. The agency acknowledged receipt of the requests. The agency asked for clarification of the two requests about himself and was told they were too broad to search. The agency located 201 pages of responsive records about the third request. However, after hearing nothing further from the agency, McGinn filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Choice of format, Litigation – Vaughn index, Litigation – Attorney’s fees
7. INFORMED CONSENT ACTION NETWORK v. U.S. DEPARTMENT OF THE TREASURY (filed Jan 6, 2024)
   Informed Consent Action Network submitted four FOIA requests to the Department of Treasury for records concerning meetings held by the CBDC Working Group on the future of money and payments. The agency acknowledged receipt of the requests and asked ICAN to clarify the scope of its requests. 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
8. Madison et al v. Bureau of Indian Affairs (filed Jan 5, 2024)
   Richard and Guy Madison submitted a FOIA request to the Bureau of Indian Affairs for records concerning Katie George Madison and her family members. The agency acknowledged receipt of the request and told the Madisons that their request would be postponed because of the pandemic. However, after hearing nothing further from the agency, the Madisons filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees