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Case Name New York Times v. U.S. Department of Justice PR-NY-0001
Docket / Court 1:17-cv-01946 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Presidential Authority
Special Collection Trump Administration FOIA cases
Case Summary
On Mar. 16, 2017, the New York Times and its reporter Charlie Savage brought this lawsuit in the U.S. District Court for the Southern District of New York against the U.S. Department of Justice (DOJ) under the Freedom of Information Act (FOIA).

Plaintiffs sought disclosure of agency ... read more >
On Mar. 16, 2017, the New York Times and its reporter Charlie Savage brought this lawsuit in the U.S. District Court for the Southern District of New York against the U.S. Department of Justice (DOJ) under the Freedom of Information Act (FOIA).

Plaintiffs sought disclosure of agency records by the Office of Legal Counsel (OLC), a component of DOJ which reviews all Executive Orders for form and legality and reviews legal questions raised by other parts of the executive branch.

Specifically, plaintiffs sought the disclosure of records related to OLC reviews of:
1. All emails, memos, and other documents related to OLC review of proposed Trump administration Executive Orders for form and legality, including during the transition period; and
2. All emails, memos, and other documents related to OLC review of other proposed Trump White House matters, including during the transition period, including but not limited to whether the appointment of Jared Kushner to a White House role would violate anti-nepotism laws and whether the president's ongoing business operations would violate the Emoluments Clause.

The complaint alleged that, on Jan. 28, 2017, plaintiffs submitted the above FOIA request to the defendant federal agencies. The complaint further alleged that, to date, plaintiffs had not received a substantive response from the defendant agencies, and that plaintiffs had constructively exhausted all required administrative remedies. Plaintiffs sought a disclosure order of the information above under FOIA and legal fees.

On Mar. 17, the case was assigned to Judge P. Kevin Castel and to Magistrate Judge Ronald L. Ellis.

On Sept. 11, the parties filed a letter with the court noting that the government completed its initial FOIA searches by Aug. 31. On Oct. 3, the parties submitted a status report noting their agreement that the government would make its first FOIA release on Nov. 10. The Jan. 19, 2018 status report, modified by a later order, stated that DOJ would provide an index of produced documents by Mar. 12. A status report filed on May 7, 2018 indicated the government had processed some but not all of the index.

The documents released by the government are available through this case page, below. This case is ongoing.

Ava Morgenstern - 04/07/2018
Virginia Weeks - 05/11/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Emoluments Clauses
Plaintiff Type
Private Plaintiff
Public (for-profit) corporation
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. ยง 552
Defendant(s) U.S. Department of Justice
Plaintiff Description The New York Times Company publishes The New York Times newspaper and www.nytimes.com. Charlie Savage is a reporter for The New York Times and an employee of The New York Times Company.
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
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  Freedom of Information Act Litigation
www.charliesavage.com
Date: Mar. 16, 2017
By: Savage, Charlie
[ Detail ] [ External Link ]

Docket(s)
1:17-cv-01946 (S.D.N.Y.)
PR-NY-0001-9000.pdf | Detail
Date: 01/19/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PR-NY-0001-0001.pdf | Detail
Date: 03/16/2017
Source: PACER [Public Access to Court Electronic Records]
Answer [ECF# 9]
PR-NY-0001-0002.pdf | Detail
Date: 04/28/2017
Source: PACER [Public Access to Court Electronic Records]
Re: New York Times v. U.S. Department of Justice [ECF# 12]
PR-NY-0001-0003.pdf | Detail
Date: 09/11/2017
Source: PACER [Public Access to Court Electronic Records]
Re: New York Times v. U.S. Department of Justice [ECF# 14]
PR-NY-0001-0004.pdf | Detail
Date: 10/02/2017
Source: PACER [Public Access to Court Electronic Records]
Re: New York Times v. U.S. Department of Justice [ECF# 17]
PR-NY-0001-0005.pdf | Detail
Date: 11/15/2017
Source: PACER [Public Access to Court Electronic Records]
[FOIA Release]
PR-NY-0001-0007.pdf | External Link | Detail
Date: 12/15/2017
[FOIA Release]
PR-NY-0001-0008.pdf | External Link | Detail
Date: 01/16/2018
[Defendant's Motion re: Joint Status Report and Request for Leave to Submit Further Status Report] [ECF# 19]
PR-NY-0001-0006.pdf | Detail
Date: 01/19/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Castel, P. Kevin (S.D.N.Y.)
PR-NY-0001-9000
Plaintiff's Lawyers MacDougall, Ian (New York)
PR-NY-0001-9000
McCraw, David E (New York)
PR-NY-0001-0001 | PR-NY-0001-9000
Defendant's Lawyers Berman, Geoffrey S. (New York)
PR-NY-0001-0006
Kim, Joon H. (New York)
PR-NY-0001-0002 | PR-NY-0001-0003 | PR-NY-0001-0004 | PR-NY-0001-0005
Tinio, Rebecca S. (New York)
PR-NY-0001-0002 | PR-NY-0001-0003 | PR-NY-0001-0004 | PR-NY-0001-0005 | PR-NY-0001-0006 | PR-NY-0001-9000
Torrance, Benjamin H. (New York)
PR-NY-0001-0002 | PR-NY-0001-0003 | PR-NY-0001-0004 | PR-NY-0001-0005 | PR-NY-0001-0006 | PR-NY-0001-9000

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