PROTECT DEMOCRACY PROJECT, INC. v. THE U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION, plus case descriptions

We have added 104 documents from 15 FOIA cases filed between November 11, 2018 and November 17, 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. PROTECT DEMOCRACY PROJECT, INC. v. THE U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION (filed Nov 15, 2018)
   Protect Democracy Project submitted a FOIA request to the Civil Rights Division of the Department of Justice for records concerning communications with President Trump and other government officials or groups concerning the need for a citizenship question for the 2020 Census. The agency acknowledged receipt of the request and denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding), citing the ongoing litigation over the proposed citizenship question. PDP filed an administrative appeal of the decision with the Office of Information Policy. OIP upheld the agency’s decision. PDP then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
2. UNION OF CONCERNED SCIENTISTS v. U.S. DEPARTMENT OF ENERGY et al (filed Nov 13, 2018)
   The Union of Concerned Scientists submitted FOIA requests to the Department of Energy and the Federal Energy Regulatory Commission for records concerning the influence of outside parties on agency decisionmaking in regard to energy policy. The agency acknowledged receipt of the requests. FERC disclosed 30 documents and told UCS that other records would be disclosed within 20 days. After hearing nothing further from the agencies, UCS filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Nov 13, 2018)
   Judicial Watch submitted a FOIA request to the FBI for records concerning meetings between former FBI general counsel James Baker and attorneys from Perkins Coie, which represented the Democratic National Committee, in 2016. The FBI 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. WASHINGTON POST COMPANY v. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION (filed Nov 14, 2018)
   Washington Post reporter Craig Whitlock submitted a FOIA request to the Special Inspector General for Afghanistan Reconstruction for records concerning transcripts and audio recordings of interviews conducted for SIGAR’s “Lessons Learned Program.” The agency acknowledged receipt of the request, but refused to provide identities for all the interviewees. The agency disclosed about half of the records, but after hearing nothing further from the agency, the Post filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. BRADY CENTER TO PREVENT GUN VIOLENCE (filed Nov 15, 2018)
   The Brady Center for Gun Violence submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning changes in ATF Order 5370.1B pertaining to remedies for violations disclosed during Federal gun license inspections. The Brady Center contacted ATF to follow up on its request, but after hearing nothing further from the agency, the Brady Center filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF TRANSPORTATION et al (filed Nov 15, 2018)
   Democracy Forward Foundation submitted FOIA requests to the Department of Transportation and the Federal Transit Administration for records concerning deliberations on funding of transit projects. After hearing nothing further from the agency, DFF filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. BRADY CENTER TO PREVENT GUN VIOLENCE v. DEPARTMENT OF JUSTICE et al (filed Nov 15, 2018)
   The Brady Center to Prevent Gun Violence submitted a FOIA request to the Bureau of Alcohol, Tobacco, and Firearms for warning letters and the underlying reports of violations issued to federal firearms licenses since July 2017. The request was a follow-up to the Brady Center’s earlier litigation for such records covering July 2015-July 2017. The Brady Center also requested a fee waiver. The agency acknowledged receipt of the request and granted the Brady Center’s request for a fee waiver. After hearing nothing further from the agency, the Brady Center filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. Western Watersheds Project v. Bureau of Land Management (filed Nov 14, 2018)
   The Western Watersheds Project submitted two FOIA requests to the Bureau of Land Management. The first FOIA request asked for records concerning BLM recommendations to Interior Secretary Ryan Zinke pertaining to proposed changes in coordination with state governments. The second FOIA request asked for records concerning Endangered Species Act consultations related to BLM’s Wyoming Converse County oil and gas project. The agency acknowledged receipt of both requests, but after hearing nothing further from the agency pertaining to either request, Western Watersheds Project filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. National Consumer Law Center v. Department of Education (filed Nov 16, 2018)
   The National Consumer Law Center submitted a FOIA request to the Department of Education for records concerning the department’s association with Maximus Federal Services or any other party operating under the name Default Resolution Group. NCLC also requested a fee waiver. The agency acknowledged receipt of the request and denied NCLC’s fee waiver request. After hearing nothing further from the agency, NCLC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Kortlander v. Bureau of Land Management et al (filed Nov 13, 2018)
    Christopher Kortlander, the executive director of the Custer Battlefield Museum, submitted a FOIA request to the Bureau of Land Management for records concerning the investigation and prosecution of Robert W. Weaver of Cody, Wyoming, who died in 2016. The agency acknowledged receipt of the request and told Kortlander that it was being put in the complex track for processing. After hearing nothing further from the agency, Kortlander filed an administrative appeal. After hearing nothing more, Kortlander filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
11. Marin v. Kenna (filed Nov 14, 2018)
    Florica Marin filed suit against Francis Kenna, Deputy Clerk of the New York Supreme Court for Queens County. This is not a FOIA claim.
    Issues: FOIA not mentioned
12. GOVERNMENT ACCOUNTABILITY PROJECT v. COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY (filed Nov 12, 2018)
    The Government Accountability Project submitted FOIA requests to the Council of Inspectors General on Integrity and Efficiency for records concerning allegations against Daniel Meyer, who was removed from his position as Executive Director of Intelligence Community Whistleblowing and Source Protection after allegations against him were made to CIGIE. After hearing nothing further from the agency, GAP filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. NORDLICHT v. FEDERAL BUREAU OF PRISONS (filed Nov 14, 2018)
    Mark Nordlicht, who was one of the subjects of an investigation in the Eastern District of New York, submitted a FOIA request to the FBI for records concerning communications between five named individuals and the New York Post, the Wall Street Journal, Bloomberg News, or Reuters during 2016. The agency acknowledged receipt of the request and denied the request on the basis of Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Nordlicht then filed suit.
    Issues: Litigation – Attorney’s fees
14. Voice of San Diego v. United States Department of the Army (filed Nov 15, 2018)
    Voice of San Diego submitted a FOIA request to Los Angeles District of the Department of the Army for records concerning border fences that have been discussed for San Diego and/or Imperial County. The agency acknowledged receipt of the request and told VOSD that the request was being processed by the Dallas-Ft. Worth district and would take at least six months to process. After hearing nothing further from the agency, VOSD filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. COX v. EXECUTIVE OFFICE OF U.S. ATTORNEYS et al (filed Nov 16, 2018)
    Frances Cox, a federal prisoner, submitted FOIA requests to the Executive Office for U.S. Attorneys, the Bureau of Alcohol, Tobacco, and Firearms, and the FBI for records about his case. After hearing nothing further from the agencies, Cox filed suit in the Southern District of Illinois. The case has now been transferred to the District for the District of Columbia.
    Issues: Failure to respond within statutory time limit