Case: Protect Democracy Project v. Office of Management and Budget
1:17-cv-00814 | U.S. District Court for the District of District of Columbia
Filed Date: May 2, 2017
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Case Summary
On May 2, 2017, the Protect Democracy Project filed this lawsuit 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 Office of Management and Budget (OMB) that will shed light on the degree to which (if at all) any federal agencies were consulted prior and subsequent to the implementation of President Trump's Jan. 27 Executive Order 13769, which restricted travel to the U.S. by nationals of seven majority-Muslim countries.
The complaint alleged that on Feb. 15, 2017, plaintiff submitted a FOIA request to OMB seeking copies of records that memorialized the following:
1. Whether any federal agency personnel reviewed the EO before it was issued, including whether DOJ reviewed it for lawfulness or deemed it lawful or unlawful;
2. Whether the EO was transmitted to any federal agency for review, comment, or awareness, including but not limited to the Department of Homeland Security (DHS) or DOJ;
3. Whether there was a decision to seek or not seek input from federal agency personnel on the creation or implementation of the EO, including but not limited to DHS or DOJ;
4. Whether there was any process for obtaining agency input regarding the EO.
The complaint further alleged that, to date, plaintiff had not received a substantive response from OMB. 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 Judge Amit P. Mehta.
That same day, plaintiff filed another, similar, FOIA lawsuit against the Department of Justice, described here. On June 9, OMB filed an unopposed motion to consolidate the two cases; Judge Mehta granted the motion on June 12. The cases have now been consolidated and continue on this page.
OMB and DOJ both answered plaintiff's complaint on June 21. The parties filed a joint status report on July 10. Judge Mehta set the next status report to be due on Aug. 8, and every month subsequent until a further Court order.
On Aug. 8, the parties filed the next joint status report. OMB anticipated releasing the requested records in September, and DOJ would provide a progress update in a subsequent status report.
In the subsequent status report, on Sept. 12, OMB anticipated completing its records search by Sept. 22. DOJ reported that it had located and released only one responsive record so far, and would release more documents on a rolling schedule beginning in October.
This case was reassigned to Judge Timothy J. Kelly on Sept. 19.
In the parties' Oct. 10 joint status report, DOJ reported that it had found approximately 5,500 records responsive either to plaintiff's FOIA request or to the FOIA requests submitted by others seeking records related to the same general subject matter. DOJ anticipated beginning rolling releases of this material within the month of October.
In the next status report of Nov. 14, OMB reported that it had completed its processing. DOJ reported that it had produced some documents in October and would continue to do so on a rolling basis.
In the Dec. 12, 2017 status report, DOJ added that it had produced more documents in November and would continue to produce documents approximately monthly. All subsequent status reports have stated the same.
Monthly status reports continued for the next 1.5 years except the month of January and February of 2019, for which an unopposed motion to stay due to the lapse of appropriations was granted. In the latest status report on April 9, 2019, the defendant indicated that they have continued to make monthly productions. The documents released by the government are available through this case page, below.
On May 7, 2019 the parties filed a joint stipulation of voluntary dismissal with prejudice, with each party bearings its own attorneys’ fees and costs.
Summary Authors
Ava Morgenstern (4/21/2018)
Virginia Weeks (9/26/2018)
Averyn Lee (6/6/2020)
Related Cases
Protect Democracy Project v. U.S. Department of Justice, District of District of Columbia (2017)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6085674/parties/protect-democracy-project-inc-v-office-of-management-and-budget/
Kelly, Timothy James (District of Columbia)
Florence, Justin (District of Columbia)
Andrapalliyal, Vinita (District of Columbia)
Berns, Matthew (District of Columbia)
Hunt, Joseph H. (District of Columbia)
Documents in the Clearinghouse
Resources
Docket
See docket on RECAP: https://www.courtlistener.com/docket/6085674/protect-democracy-project-inc-v-office-of-management-and-budget/
Last updated July 20, 2026, 5 a.m.
Docket for: PROTECT DEMOCRACY PROJECT, INC. v. OFFICE OF MANAGEMENT AND BUDGET
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 1.0 & 2.0 FOIA cases
Trump Administration 1.0: Challenges to the Government
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
Federal
U.S. Office of Management and Budget
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
FOIA (Freedom of Information Act), 5 U.S.C. § 552
Other Dockets:
District of District of Columbia 1:17-cv-00814
Available Documents:
Outcome
Prevailing Party: Unknown
Relief Granted:
Source of Relief:
Form of Settlement:
Issues
General/Misc.:
Discrimination Basis:
National origin discrimination
Affected National Origin/Ethnicity(s):
Immigration/Border:
Case Summary of Protect Democracy Project v. Office of Management and Budget, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/15759/ (last updated 6/6/2020).