FOIA Activity: 43 new FOIA court documents, plus case descriptions

We have added 41 documents from 7 FOIA cases filed between December 22, 2019 and December 28, 2019. 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. JUDICIAL WATCH, INC. v. CENTRAL INTELLIGENCE AGENCY (filed Dec 23, 2019)
   Judicial Watch submitted a request to the CIA for records concerning CIA official Eric Ciaramella, who conservative media allege is the whistleblower who filed a complaint about President Trump’s phone call to Ukraine. After hear nothing further from the agency, it submitted a second FOIA request for records on Ciaramella, this time asking for expedited processing. After hearing nothing further from the agency pertaining to either request, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
2. DEMOCRACY FORWARD FOUNDATION v. UNITED STATES DEPARTMENT OF THE INTERIOR (filed Dec 23, 2019)
   Democracy Forward Foundation submitted a FOIA request to the Department of Interior for records concerning communications between certain government employees. DFF also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Democracy Forward Foundation filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
3. WILDEARTH GUARDIANS v. U.S. BUREAU OF LAND MANAGEMENT (filed Dec 23, 2019)
   WildEarth Guardians submitted a FOIA request to the California field office of the Bureau of Land Management for records concerning proposed revisiting of the Desert Renewable Energy Conservation Program. The agency acknowledged receipt of the request. WildEarth Guardians attempted to check on the status of the request several times. After hearing nothing further from the agency, WildEarth Guardians filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (filed Dec 27, 2019)
   White Coat Project submitted two FOIA requests to the Department of Veterans Affairs for records concerning dog experimentation at the St. Louis Veterans Hospital. The agency acknowledged receipt of both requests but after hearing nothing further from either agency, White Coast Project filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Dec 27, 2019)
   White Coat Project submitted two FOIA requests to the Department of Health and Human Services’ National Institute of Mental Health for records concerning funding applications to the Institutional Animal Care and Use Committee and IAUC-approved protocols. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, White Coat Project filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. ALBALADEJO v. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Dec 23, 2019)
   Angelica Albaladejo, a free-lance journalist, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning medical summaries for individuals transported between 2003 and the present by the ICE Air Operations division of the Office of Enforcement and Removal Operations. The agency acknowledged receipt of her request and asked for clarification which Albaladejo provided. The agency ultimately told Albaladejo that it found no responsive records. Albaladejo filed an administrative appeal of the agency’s no records decision. The agency upheld its initial action on appeal. Albaladejo then filed suit.
   Issues: Litigation – Attorney’s fees
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Dec 23, 2019)
   Judicial Watch submitted a FOIA request to the FBI for records concerning communications between former FBI employees Peter Strzok, Lia Page, or Andrew McCabe, and CIA official Eric Ciaramella. The agency acknowledged receipt of the request. Judicial Watch submitted a second FOIA request to the Department of Justice for communications between any employees of the Office of Special Counsel and CIA official Eric Ciaramella. The agency acknowledged receipt of the request and told Judicial Watch that it qualified for unusual circumstances. After hearing nothing further from the agency pertaining to either request, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

In addition, we have added 2 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• American Civil Liberties Union of Massachusetts et al v. United States Department of Homeland Security et al (filed Dec 20, 2019)
• CASE NUMBER NOT USED (filed Dec 16, 2019)