FOIA Activity: 52 new FOIA court documents

We have added 52 documents from 10 FOIA cases filed between April 2, 2017 and April 8, 2017. 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. Dine Bi' Olta School Board Association v. United States Department of Interior et al (filed Apr 6, 2017)
   The Dine Bi Olta School Board Association submitted a FOIA request to the Bureau of Indian Affairs for records concerning the operations of the Bureau of Indian Education and any plans to reorganize it. The Association also requested a fee waiver. The agency acknowledged receipt of the request and indicated that it was processing the request. However, after hearing nothing further from the agency, the Association filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Jason Leopold et al v. FBI (filed Apr 7, 2017)
   Reporter Jason Leopold submitted a FOIA request to the FBI for records about Andrew Breithart. The agency searched its central records system and told Leopold it had found no records. Leopold appealed to the Office of Information Policy, arguing the FBI was obligated to conduct a cross-reference search. OIP upheld the FBI’s decision. Leopold, joined by Buzzfeed, then filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. JUDICIAL WATCH, INC. v. INTERNAL REVENUE SERVICE (filed Apr 3, 2017)
   Judicial Watch submitted a FOIA request to the IRS for records concerning plans for retention of emails of former employees after they departed from the agency. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. JAMES MADISON PROJECT et al v. DEPARTMENT OF JUSTICE (filed Apr 4, 2017)
   The James Madison Project and reporter Brad Heath submitted FOIA requests to the FBI for records concerning applications to the Foreign Intelligence Surveillance Court for warrants to surveil the Trump campaign’s communications with Russian agents. JMP and Heath also requested expedited processing. The FBI acknowledged receipt of the request and granted expedited processing. However, after hearing nothing further from the agency, JMP and Heath filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Apr 4, 2017)
   Judicial Watch submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning the decision to no longer exempt “green tip” ammunition from the definition of armor-piercing ammunition. After hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. JUDICIAL WATCH, INC. v. INTERNAL REVENUE SERVICE et al (filed Apr 6, 2017)
   Judicial Watch submitted a FOIA request to the IRS for records concerning efforts by the agency to contact individuals who either asked for an exemption from the provision in the Affordable Care Act to purchase insurance or paid a penalty. The agency acknowledged receipt of the request. Judicial Watch also submitted a FOIA request to the Department of Health and Human Services for records concerning that agency’s efforts to contact individuals under the same circumstances. HHS also acknowledged the request. However, after hearing nothing further from either agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. HENLEY v. FEDERAL BUREAU OF INVESTIGATION (filed Apr 3, 2017)
   James Henley submitted a FOIA request to the FBI. After hearing nothing further, Henley filed
   Issues: Failure to respond within statutory time limit
8. COZEN O'CONNOR v. THE OFFICE OF FOREIGN ASSETS CONTROL (filed Apr 3, 2017)
   The law firm of Cozen O’Connor submitted a FOIA request to the Office of Foreign Assets Control for records concerning granting licenses to persons or companies to trade with Cuba. The agency acknowledged receipt of the request and told the law firm that it had no records. Cozen O’Connor filed an administrative appeal. The agency’s original decision was upheld on appeal. Cozen O’Connor then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
9. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Apr 4, 2017)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Justice for records concerning whether Attorney General Jeff Sessions should recuse himself from investigations of the Trump campaign. CREW also requested expedited processing and a fee waiver. OIP acknowledged receipt of the request and granted CREW’s request for expedited processing. However, OIP indicated that CREW’s request was being put in the complex track for processing. After the agency failed to respond further, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Wheeler v. Mahar et al (filed Apr 7, 2017)
    Brad Wheeler submitted a FOIA request to the Department of State for records concerning Barack Obama’s passport. After hearing nothing further from the agency, Wheeler filed suit.
    Issues: Failure to respond within statutory time limit