FOIA Activity: 32 new FOIA court documents

We have added 29 documents from 5 FOIA cases filed between December 31, 2017 and January 6, 2018. 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. The Center for Investigative Reporting (CIR) v. Department of Homeland Security (filed Jan 3, 2018)
   The Center for Investigative Reporting submitted a FOIA request to U.S. Customs and Border Protection for records concerning land acquisition at the U.S. border and related real estate costs. CIR also requested expedited processing and a fee waiver. The agency asked CIR to clarify the time frame of its request. CIR did so, but CBP then told CIR that its request was being closed for failure to provide clarification. CIR appealed the decision and the agency remanded the request for processing. CIR also informed CBP that the Department of the Army had disclosed similar records in response to another request. CBP told CIR that it was remanding the request again for processing. However, after hearing nothing further from the agency, CIR filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Jan 3, 2018)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Justice for records concerning the decision to invite reporters to the agency on December 12, 2017 to share with them private text messages sent during the 2016 presidential campaign by two former FBI investigators on Special Counsel Robert Mueller’s team. CREW also requested expedited processing. In partial response to its request, DOJ’s Office of Inspector General provided CREW a December 15 letter indicating that DOJ had not consulted OIG as to whether disclosure would raise ethical problems. The Office of Information Policy acknowledged receipt of CREW’s request and told CREW that its request was still pending. After hearing nothing further from any component of the agency, CREW filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Carter v. USDA (filed Jan 5, 2018)
   Jessie Carter filed suit against the Department of Agriculture for placing him on a list of providers excluded from contracting with the agency. His complaint does indicate that he made a FOIA request, but he seems to be believe that the agency has withheld information from him.
   Issues: FOIA not mentioned
4. Demoruelle et al v. Department of Veterans' Affairs (filed Jan 5, 2018)
   Joseph and Sandra Lee Demourelle submitted FOIA requests to the Department of Veterans Affairs’ Pacific Islands Health Care System for records concerning treatment policies and other issues. The agency apparently did not respond to Demourelle’s satisfaction and he filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Love v. Federal Bureau of Investigation (filed Jan 5, 2018)
   Bryant Love submitted a FOIA request to the FBI for records concerning his investigative file. Love also requested expedited processing. The agency acknowledged receipt of the request and denied his request for expedited processing. Love filed an administrative appeal with the Office of Information and Policy. OIP upheld it original decision on appeal. Love then filed suit.
   Issues: Litigation – Attorney’s fees

In addition, we have added 3 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• JORDAN v. U.S. DEPARTMENT OF JUSTICE (filed Dec 18, 2017)