University of Michigan Law School
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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 under the Freedom of Information Act ("FOIA").

The 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 under the Freedom of Information Act ("FOIA").

The plaintiffs sought disclosure of agency records by the Office of Legal Counsel ("OLC"), which is a component of the defendant Department of Justice ("DOJ") serving several functions within the DOJ, one of which is to review all executive orders for form and legality and to review legal questions raised by other parts of the executive branch.

Specifically, the 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, the plaintiffs submitted the above FOIA request to the defendant federal agencies. The complaint further alleged that, to date, the plaintiffs had not received a substantive response from the defendant agencies, and that the plaintiffs had constructively exhausted all required administrative remedies. The 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. The parties held a pretrial conference on Apr. 4, and on Apr. 28 the DOJ answered the complaint. On Sep. 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 will make its first FOIA release on Nov. 10. The court endorsed this agreement and adjourned the next conference to Nov. 30.

On Nov. 15, the parties submitted a joint status report.

This case is ongoing.

Julie Aust - 11/24/2017


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Issues and Causes of Action
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Issues
Plaintiff Type
U.S. Dept of Justice plaintiff
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
Docket(s)
1:17-cv-01946 (S.D.N.Y.)
PR-NY-0001-9000.pdf | Detail
Date: 10/06/2017
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]
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 Kim, Joon H. (New York)
PR-NY-0001-0002
Tinio, Rebecca S. (New York)
PR-NY-0001-0002 | PR-NY-0001-9000
Torrance, Benjamin H. (New York)
PR-NY-0001-0002 | PR-NY-0001-9000

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