Filed Date: May 2, 2017
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On May 2, 2017, the Protect Democracy Project filed this suit under the Freedom of Information Act (FOIA). According to the complaint, plaintiff is an organization seeking to "protect our democracy from descending into a more autocratic form of government by preventing those in power from depriving Americans of a free, fair, and fully-informed opportunity to exercise ultimate sovereignty." As part of its activities, plaintiff aims to inform the public about executive branch activity, including by filing FOIA requests and releasing the results on its website.
Plaintiff sought disclosure of agency records by the Department of Justice (DOJ) that will shed light on the degree to which (if at all) the agency was consulted prior and subsequent to the implementation of President Trump's Jan. 27 Executive Order 13769, the order restricting travel by nationals of 7 majority-Muslim countries.
The complaint alleged that on Feb. 15, 2017, plaintiff submitted a FOIA request to DOJ seeking copies of records that memorialized the following:
1. Whether DOJ reviewed the EO before it was issued;
2. Whether the EO was transmitted to DOJ for review, comment, or awareness;
3. Whether there was any decision to seek or not seek input from DOJ on creating or implementing the EO;
4. Whether there was any process to obtain DOJ review of the EO;
5. Whether any other federal agency personnel reviewed the EO before it was issued.
The complaint further alleged that, to date, plaintiff had not received a substantive response from DOJ. Plaintiff sought a disclosure order under FOIA and sought legal fees.
The case was filed in the U.S. District Court for the District of Columbia and was assigned to Chief Judge Beryl A. Howell.
That same day, plaintiff filed another, similar, FOIA lawsuit against the Office of Management and Budget, described here. On June 9, DOJ filed an unopposed motion to consolidate the two cases; Judge Howell granted the motion on June 12. The case was re-assigned to Judge Amit P. Mehta on June 15. The cases have now been consolidated and continue at Protect Democracy Project v. Office of Management and Budget.
Summary Authors
Ava Morgenstern (7/30/2017)
Protect Democracy Project v. Office of Management and Budget, District of Columbia (2017)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6057867/parties/protect-democracy-project-inc-v-department-of-justice/
Howell, Beryl Alaine (District of Columbia)
Murphy, Allison F. (District of Columbia)
Berns, Matthew (District of Columbia)
Howell, Beryl Alaine (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/6057867/protect-democracy-project-inc-v-department-of-justice/
Last updated March 22, 2024, 3:04 a.m.
State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Trump Administration FOIA cases
Key Dates
Filing Date: May 2, 2017
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Plaintiff is an organization seeking to "protect our democracy from descending into a more autocratic form of government by preventing those in power from depriving Americans of a free, fair, and fully-informed opportunity to exercise ultimate sovereignty." As part of its activities, plaintiff aims to inform the public about executive branch activity, including by filing FOIA requests and releasing the results on its website.
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Department of Justice, Federal
Defendant Type(s):
Case Details
Causes of Action:
Freedom of Information Act (FOIA), 5 U.S.C. § 552
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General:
Discrimination-basis:
National origin discrimination
Immigration/Border:
National Origin/Ethnicity: