Lawsuits 2003-2009

On June 23, 2003, CREW, representing itself  Defenders of Wildlife, and the Endangered Species Coalition filed a lawsuit against the Department of the Interior and the Office of Government Ethics for failing to turn over documents under the Freedom of Information Act related to the $1.1 million payout that Deputy Secretary Steven J. Griles received from his former oil, mining and gas lobbying firm.

On September 29, 2004, CREW filed a lawsuit against the Federal Electoral Commission (FEC) for failing to produce documents requested in a FOIA request regarding the finances of Westar Energy Company.

On November 9, 2004, CREW filed a lawsuit against the Department of Justice (DOJ) for failing to produce documents to CREW pursuant to a Freedom of Information Act request  for records relating to documents stolen from the computers of Democratic staff to the Senate Judiciary Committee.

In March 2003, Senate Sergeant-at-Arms William Pickle issued a report finding that former Senate staff aide Manuel Miranda, who worked first for Judiciary Committee Chairman Orrin Hatch and later Senate Majority Leader Bill Frist, with the assistance of former clerk Jason Lundell, accessed materials on the computers of Democratic staff for a period of 18 months from November 2001 through April 2003. Some of these documents, which concerned judicial nominations, were leaked to the media.

In February 2004, CREW sent a FOIA request to the DOJ requesting any communications regarding judicial nominations that involved documents belonging to Democratic staff.

On December 13, 2004, CREW filed a lawsuit against the Federal Election Commission (FEC) alleging that the FEC abused its discretion by failing to enforce election law against Grover Norquist, Americans for Tax Reform and Bush-Cheney ’04.

In February 2004, CREW filed a complaint with the FEC alleging that Norquist gave Ken Mehlman, the campaign manager for Bush-Cheney ’04 a “master contact list,” including the names and information of conservative activists in 37 states compiled by Norquist over a period of 5 years.

CREW’s complaint alleged that both parties, Mr. Norquist and Mr. Mehlman, were in violation of the law regardless of whether Americans for Tax Reform or Mr. Norquist personally contributed the list. Americans for Tax Reform is a corporation and campaigns are prohibited from accepting contributions from corporations. According to FEC regulations, Bush-Cheney ’04 could not accept the list if it came directly from Americans for Tax Reform. CREW further alleged that Bush-Cheney ’04 violated FEC filing requirements by failing to record the contribution of the list.

On February 23, 2005, CREW filed a lawsuit against the Social Security Administration (SSA) for failing to produce to CREW documents pursuant to a Freedom of Information Act request for records relating to contracts SSA may have entered into with any public relations firms.

CREW filed the FOIA request with SSA on January 11, 2005 after learning that the Department of Education had paid pundit Armstrong Williams to promote the No Child Left Behind Act. FOIA requires federal agencies to respond to requests within 20 days, but in violation of the law, SSA failed to respond to CREW’s request.

On May 26, 2005, the SSA responded to the request and provided CREW with over 100 pages of documents.

On March 16, 2005, CREW sued the U.S. Department of Agriculture (USDA) for failing to produce documents pursuant to a Freedom of Information Act  request.  CREW had asked the USDA to produce any records relating to contracts the USDA may have entered into with any public relations firms.

CREW filed a FOIA with the USDA on January 11, 2005 after learning that the Department of Education had paid pundit Armstrong Williams to promote the No Child Left Behind Act, funneling the money through Ketchum Public Affairs Inc. FOIA requires federal agencies to respond to requests within 20 days, but in violation of the law, the USDA failed to respond to CREW’s request.

One June 6, 2005, CREW sued the Department of Health and Human Services (HHS) for failing to produce documents pursuant to a  Freedom of Information Act request regarding HHS’s relations with Ketchum Public Affairs and Fleischman-Heilliard Public Affairs.

On March 17, 2008, CREW sued the Department of Homeland Security (DHS) for failing to provide records under the Freedom of Information Act (FOIA) related to site selection for the construction of the U.S.-Mexico border fence. The court ordered DHS to release thousands of records and to pay CREW’s attorneys’ fees and court costs.

On April 3, 2008, CREW sued the Department of Health and Human Services (HHS) and HHS Secretary Mike Leavitt for failing to comply with the open meetings and disclosure requirements of the Federal Advisory Committee Act (FACA). Advisory committees for agencies are required by FACA to obtain a charter and make meetings and information publicly accessible. The Office of Head Start within the HHS created a committee and held a private meeting concerning massive changes to Head Start performance standards without obtaining a charter or making the meeting or information from the meeting available as required by FACA. CREW sued the HHS to force disclosure of records from the Head Start advisory committee meeting and to ensure that HHS advisory committees follow FACA requirements in the future.

On September 4, 2008, CREW sued the Department of Homeland Security for failing under the Freedom of Information Act (FOIA) to provide CREW with records related to White House visits by Stephen Payne, a lobbyist accused of selling access to White House officials in exchange for contributions to the Bush Presidential Library. CREW dismissed the lawsuit after the Obama administration agreed to provide CREW with the requested records and to post on its website all White House visitors logs starting in September 2009.

On September 8, 2008, CREW, along with two eminent historians and three organizations of historians and archivists filed a complaint against Vice President Cheney, the Office of the Vice President, the Archivist of the United States, and the National Archives and Records Administration (NARA), challenging their exclusion of a vast majority of Vice President Cheney’s papers from the Presidential Records Act (PRA) and the obligation to preserve them for the American public. In an executive order issued in 2001, then-President Bush declared that the PRA applied only to the “executive records” of the vice president. After that, Vice President Cheney took the view that he was not part of the executive and was attached, if at all, to the congressional branch. Moreover, the Archivist took the view that the congressional records of a vice president were his personal, not presidential, records that he was free to dispose of at will. CREW sued to require most of Vice President Cheney’s records to be transferred to NARA at the end of the Bush administration for eventual release to the public, rather than remain under Vice President Cheney’s custody and control.

On April 6, 2009, CREW sued the Federal Reserve Board for failing to provide CREW records under the Freedom of Information Act identifying the recipients of financial assistance the Board provided from March 2008-March 2009.

On June 3, 2009, CREW sued the National Archives and Records Administration (NARA) for failing to conduct inspections of agency compliance with record keeping requirements. After filing its lawsuit, CREW met with NARA officials, who outlined for CREW NARA’s multi-phase plan for improving agency management of email records. Based on the plan, which includes information-gathering from agency self-assessments and agency inspections, CREW agreed to dismiss the lawsuit.

On June 16, 2009, CREW sued the Department of Homeland Security for failing under the Freedom of Information Act to provide CREW with records related to White House visits by top coal executives. CREW requested these records in an effort to learn the extent to which these individuals may have influenced the Bush administration’s energy policy. CREW dismissed the lawsuit after the Obama administration agreed to provide CREW with the requested records and to post on its website all White House visitors logs starting in September 2009.

On July 22, 2009, CREW sued the Department of Homeland Security for failing under the Freedom of Information Act (FOIA) to provide CREW with records related to White House visits by top health care executives. CREW requested these records in an effort to learn the extent to which these individuals may have influenced the Obama administration’s health care policy. CREW dismissed the lawsuit after the administration agreed to provide CREW with the requested records and to post on its website all White House visitors logs starting in September 2009.

On July 31, 2009, CREW sued the Department of the Army for failing to provide CREW records under the Freedom of Information Act (FOIA) related to documentation of Army guidance that discourages diagnoses of post-traumatic stress disorder (PTSD). After CREW sued, the Army disclosed hundreds pages of records and agreed to pay attorneys’ fees, and CREW subsequently dismissed the lawsuit.

On November 10, 2009, CREW sued the Board of Governors of the Federal Reserve System for failing to provide CREW records under the Freedom of Information Act (FOIA) that identify the recipients of financial assistance the Board provided from March-August 2009, as well as the amount each institution received and the terms of the assistance. Starting in 2007, the Board provided more than $2 trillion in loans and assistance in response to the ongoing financial and economic crisis, but refused to disclose basic information about the recipients of the assistance. CREW withdrew the lawsuit after Bloomberg and Fox News won similar cases, and filed an amicus brief in support of the news organizations when the government appealed the decision.

On December 11, 2009, CREW sued the Department of the Army for failing to provide CREW records under the Freedom of Information Act (FOIA) concerning the Army’s policies towards soldiers accused of domestic violence acts. According to several press reports, the Army mishandled domestic violence cases, sometimes declining to prosecute after asking civilian prosecutors to transfer the cases. This was especially alarming as post-traumatic stress disorder can be a contributing factor in these cases. After CREW sued, the Army disclosed hundreds pages of records and agreed to pay attorneys’ fees, and CREW subsequently dismissed the lawsuit.