Case: Judicial Watch, Inc. v. U.S. Department of Justice

1:18-cv-01854 | U.S. District Court for the District of District of Columbia

Filed Date: Aug. 7, 2018

Closed Date: Dec. 5, 2022

Clearinghouse coding complete

Case Summary

This case is related to the Civil Rights Litigation Clearinghouse's coverage of the Carter Page Foreign Intelligence Surveillance Act (FISA) warrants. For more information on litigation to disclose the warrants that inspired this case, please see this link. For a summary of the warrants and information on ongoing efforts by the Foreign Intelligence Surveillance Court (FISC) to protect the confidential information in them, see this link. The FISA requires the government to obtain a warrant from…

This case is related to the Civil Rights Litigation Clearinghouse's coverage of the Carter Page Foreign Intelligence Surveillance Act (FISA) warrants. For more information on litigation to disclose the warrants that inspired this case, please see this link. For a summary of the warrants and information on ongoing efforts by the Foreign Intelligence Surveillance Court (FISC) to protect the confidential information in them, see this link.


The FISA requires the government to obtain a warrant from the FISC before it may conduct any domestic electronic surveillance to acquire foreign intelligence information. The warrant applications are made ex parte and must include a sworn statement by a federal officer of the facts and circumstances relied upon to justify the government's belief that the target of surveillance is a foreign power or an agent of a foreign power. Once a FISC judge receives a warrant application, the judge can order approval of the surveillance only if the judge finds that there is probable cause to believe that the target of the electronic surveillance is a foreign power or an agent of a foreign power. Because the orders only authorize surveillance up to 90 days, the government must file an application for an extension that meets the same requirements as the initial warrant application and obtain a renewal order from the FISC for continued surveillance. For the Civil Rights Litigation Clearinghouse collection of FISA matters, see our special collection.

On August 7, 2018, Judicial Watch, a conservative-leaning nonprofit specializing in Freedom of Information Act (FOIA) litigation to expose government mismanagement, filed a complaint in the U.S. District Court for the District of Columbia under FOIA (5 U.S.C. § 552) against the U.S. Department of Justice (DOJ) seeking records surrounding surveillance of the 2016 Trump presidential campaign. In a separate case, the FISC released an opinion (In re Carter W. Page: A U.S. Person [FISA dockets 16-1182, 17-52, 17-375, 17-679]) flagging this case as one that could lead to lawful release of information in the Carter Page FISA warrants. The case was assigned to Judge Amy Berman Jackson.

The complaint stated that the plaintiff initially submitted its FOIA request with the DOJ on May 29, 2018, and that as of the date of the complaint, the DOJ had not provided any responsive information to the request. The plaintiff sought information from three offices within the DOJ: the Office of the Deputy Attorney General, the office of a particular former Associate Deputy Attorney General, and the Office of the Director of the Organized Crime Drug Enforcement Task Force. It was looking for any information these offices had pertaining to communications and background information on Fusion GPS, a commercial research and intelligence firm, and various sources publicly disclosed as the basis for the "Steele Dossier," the primary document the DOJ used to pursue FISA surveillance of Trump 2016 campaign advisor Carter Page.

After the complaint was filed, representatives from the plaintiff organization and the DOJ met to discuss a schedule for releasing relevant, non-exempt records under FOIA. In an October 19, 2018 status report, the parties agreed to produce documents on a six-month timeframe, with more updates to come as needed. As investigation commenced, more responsive documents were found that necessitated other searches, and this, combined with the government shutdown in late 2018 and the COVID-19 pandemic, delayed completion of this document request. As of the most recent status report, filed on December 11, 2020, the parties anticipate that the DOJ will be able to estimate a date for final document production in early 2021.

According to a joint status report filed on November 14, 2022, DOJ completed its search and processing of responsive records and transmitted its final interim response to Judicial Watch on February 10, 2022, and the parties continued to confer regarding settlement, including claims for attorneys’ fees and costs. The case was dismissed on December 5, 2022. 

Summary Authors

Ellen Aldin (12/21/2020)

Michael Vandergriff (1/13/2026)

Related Cases

In re Carter W. Page: A U.S. Person [FISA dockets 16-1182, 17-52, 17-375, 17-679], Foreign Intelligence Surveillance Court (2016)

James Madison Project v. U.S. Department of Justice, District of District of Columbia (2017)

FISA Court Matters relating to disclosure of Carter Page surveillance records: Four FISC cases [FISC Misc. 18-01, Misc. 18-02, Misc. 18-03, and Misc. 19-01], Foreign Intelligence Surveillance Court (2018)

N.Y. Times Co. v. United States DOJ, Southern District of New York (2018)

Judicial Watch, Inc. v. United States DOJ, District of District of Columbia (2018)

Page v. U.S. Department of Justice, District of District of Columbia (2019)

In re Accuracy Concerns Regarding FBI Matters Submitted to the FISC [FISC Docket Misc. 19-02], Foreign Intelligence Surveillance Court (2019)

Page v. Comey, District of District of Columbia (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7613372/parties/judicial-watch-inc-v-us-department-of-justice/


Judge(s)

Jackson, Amy Berman (District of Columbia)

Attorney for Plaintiff

Cotca, Ramona Raula (District of Columbia)

Lee, Eric W. (District of Columbia)

Attorney for Defendant

Clark, Jeffrey Bossert (District of Columbia)

Gerardi, Michael J. (District of Columbia)

Documents in the Clearinghouse

Documents in this case

1:18-cv-01854

Civil Docket for Case #: 1:18-cv-01854-ABJ

Judicial Watch v. DOJ

Dec. 21, 2020

Dec. 21, 2020

Docket
1

1:18-cv-01854

Complaint

Aug. 7, 2018

Aug. 7, 2018

Complaint
10/19/2018

1:18-cv-01854

Joint Status Report (Second)

Oct. 19, 2018

Oct. 19, 2018

Pleading / Motion / Brief
35

1:18-cv-01854

Joint Status Report

Dec. 11, 2020

Dec. 11, 2020

Pleading / Motion / Brief
51

1:18-cv-01854

Joint Status Report

Watch v. U.S. Department of Justice

Nov. 15, 2022

Nov. 15, 2022

Pleading / Motion / Brief
52

1:18-cv-01854

Stipulation of Dismissal

Watch v. U.S. Department of Justice

Dec. 5, 2022

Dec. 5, 2022

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7613372/judicial-watch-inc-v-us-department-of-justice/

Last updated June 20, 2026, 5:48 a.m.

ECF Number Date Description Link
1 Aug. 7, 2018

COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5626473) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for U.S. Attorney for DC, # 3 Summons for U.S. Attorney General, # 4 Summons for U.S. Department of Justice)(Cotca, Ramona) (Entered: 08/07/2018)

1 Civil Cover Sheet

View on PACER

2 Summons for U.S. Attorney for DC

View on PACER

3 Summons for U.S. Attorney General

View on PACER

4 Summons for U.S. Department of Justice

View on PACER

Clearinghouse
2 Aug. 7, 2018

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Cotca, Ramona) (Entered: 08/07/2018)

RECAP
Aug. 9, 2018

Case Assigned to Judge Amy Berman Jackson. (zsb)

Aug. 9, 2018

Case Assigned/Reassigned

3 Aug. 10, 2018

SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 08/10/2018)

RECAP
4 Aug. 16, 2018

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/14/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 9/13/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/14/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 8/14/2018 (Attachments: # 1 Declaration of Cristina Rotaru)(Cotca, Ramona) (Entered: 08/16/2018)

RECAP
5 Sept. 13, 2018

NOTICE of Appearance by Michael Joseph Gerardi on behalf of U.S. DEPARTMENT OF JUSTICE (Gerardi, Michael) (Entered: 09/13/2018)

RECAP
6 Sept. 13, 2018

ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Gerardi, Michael) (Entered: 09/13/2018)

RECAP
Sept. 14, 2018

MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule according to which it will complete its production of documents to plaintiff on or before October 12, 2018. Signed by Judge Amy Berman Jackson on 09/14/2018. (lcabj3)

Sept. 14, 2018

Order

7 Oct. 12, 2018

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 10/12/2018)

RECAP
Oct. 12, 2018

Order

Oct. 12, 2018

MINUTE ORDER. In light of the parties' joint status report 7, it is ORDERED that the parties shall file a further status report by October 19, 2018. Signed by Judge Amy Berman Jackson on 10/12/18. (DMK)

Oct. 18, 2018

Set/Reset Deadlines: Joint Status Report due by 10/19/2018. (tb)

Oct. 18, 2018

Set/Reset Deadlines

8 Oct. 19, 2018

Joint STATUS REPORT (Second) by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 10/19/2018)

RECAP
Oct. 30, 2018

MINUTE ORDER. The parties must submit an updated joint status report by December 7, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/30/2018. (lcabj3)

Oct. 30, 2018

Order

9 Dec. 7, 2018

Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 12/07/2018)

RECAP
Dec. 10, 2018

MINUTE ORDER. The parties must submit an updated joint status report by January 21, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/10/2018. (lcabj3)

Dec. 10, 2018

Order

10 Dec. 26, 2018

Unopposed MOTION to Stay Forthcoming Processing Deadlines In Light of a Lapse of Appropriations by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Gerardi, Michael) (Entered: 12/26/2018)

RECAP
Dec. 28, 2018

MINUTE ORDER granting 10 Unopposed Motion to Stay. The government must file a notice within two days of the resumption of operations and it should include a proposed revised schedule if one is necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/28/2018. (lcabj3)

Dec. 28, 2018

Order on Motion to Stay

11 Jan. 29, 2019

NOTICE BY DEFENDANT TO THE COURT OF RESTORATION OF APPROPRIATIONS by U.S. DEPARTMENT OF JUSTICE (Gerardi, Michael) (Entered: 01/29/2019)

RECAP
Jan. 30, 2019

MINUTE ORDER. In light of the government's notice 11, the stay in this case is hereby lifted and the parties must submit a joint status report with a proposed processing schedule by February 5, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/30/2019. (lcabj3)

Jan. 30, 2019

Order

12 Feb. 5, 2019

NOTICE of Appearance by Paul J. Orfanedes on behalf of JUDICIAL WATCH, INC. (Orfanedes, Paul) (Main Document 12 replaced on 2/5/2019) (zjf). (Entered: 02/05/2019)

RECAP
13 Feb. 5, 2019

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 02/05/2019)

RECAP
Feb. 6, 2019

MINUTE ORDER. The parties must submit a joint status report by March 15, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 02/06/2019. (lcabj3)

Feb. 6, 2019

Order

14 March 13, 2019

Unopposed MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Gerardi, Michael) (Entered: 03/13/2019)

RECAP
March 15, 2019

Set/Reset Deadlines

March 15, 2019

Order on Motion for Extension of Time to

March 15, 2019

MINUTE ORDER granting 14 Unopposed Motion for Extension of Time. The parties must file a joint status report by March 19, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 03/15/2019. (lcabj3)

15 March 19, 2019

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 03/19/2019)

RECAP
March 22, 2019

~Util - Set/Reset Deadlines

March 22, 2019

.Order

March 22, 2019

MINUTE ORDER. The parties must file an updated status report by April 10, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/22/2019. (lcabj3)

March 22, 2019

Order

16 April 10, 2019

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 04/10/2019)

RECAP
April 16, 2019

~Util - Set/Reset Deadlines

April 16, 2019

.Order

April 16, 2019

MINUTE ORDER. The parties must file an updated status report by May 10, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/16/2019. (lcabj3)

April 16, 2019

Order

17 May 10, 2019

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 05/10/2019)

RECAP
May 13, 2019

~Util - Set/Reset Deadlines

May 13, 2019

.Order

May 13, 2019

Order

May 13, 2019

MINUTE ORDER. The parties must submit a joint status report by June 14, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 05/13/2019. (lcabj3)

18 June 14, 2019

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 06/14/2019)

RECAP
June 17, 2019

~Util - Set/Reset Deadlines

June 17, 2019

.Order

June 17, 2019

Order

June 17, 2019

MINUTE ORDER. The parties must submit an updated joint status report by July 15, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/17/2019. (lcabj3)

19 June 28, 2019

Unopposed MOTION for Extension of Time to Extend Deadline for Release of Records and File Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Gerardi, Michael) (Entered: 06/28/2019)

RECAP
June 28, 2019

Set/Reset Deadlines

June 28, 2019

Order on Motion for Extension of Time to

June 28, 2019

MINUTE ORDER. The Court grants the parties' 19 Consent Motion for Extension of Time to allow defendant to complete its final production by July 10, 2019, and to submit a joint status report by July 19, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/28/2019. (lcabj3)

20 July 19, 2019

Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 07/19/2019)

RECAP
July 23, 2019

~Util - Set/Reset Deadlines

July 23, 2019

.Order

July 23, 2019

Order

July 23, 2019

MINUTE ORDER. The parties must submit an updated joint status report by September 2, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 07/23/2019. (lcabj3)

21 Aug. 7, 2019

Unopposed MOTION for Extension of Time to File Next Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Gerardi, Michael) (Entered: 08/07/2019)

RECAP
Aug. 8, 2019

Set/Reset Deadlines

Aug. 8, 2019

Order on Motion for Extension of Time to

Aug. 8, 2019

MINUTE ORDER granting 21 Motion for Extension of Time. The parties must submit a joint status report by September 5, 2019. The September 2, 2019 deadline is hereby VACATED. SO ORDERED. Signed by Judge Amy Berman Jackson on 08/08/2019. (lcabj3)

22 Sept. 5, 2019

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 09/05/2019)

RECAP
Sept. 10, 2019

~Util - Set/Reset Deadlines

Sept. 10, 2019

.Order

Sept. 10, 2019

MINUTE ORDER. The parties must submit an updated joint status report by October 1, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/10/2019. (lcabj3)

23 Oct. 1, 2019

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 10/01/2019)

RECAP
Oct. 2, 2019

~Util - Set/Reset Deadlines

Oct. 2, 2019

MINUTE ORDER. The parties shall submit a joint status report on November 1, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/2/2019. (lcabj3, )

24 Nov. 1, 2019

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 11/01/2019)

RECAP
Nov. 4, 2019

Status Report Order

Nov. 4, 2019

MINUTE ORDER. Based on the parties' 24 joint status report, the parties shall submit another joint status report by December 4, 2019 to update the Court on the status of document production. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/4/2019. (lcabj3)

25 Dec. 4, 2019

Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 12/04/2019)

RECAP
Dec. 5, 2019

Status Report Order

Dec. 5, 2019

MINUTE ORDER. The parties must submit another joint status report by January 8, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/5/2019. (lcabj3)

26 Jan. 8, 2020

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 01/08/2020)

RECAP
Jan. 9, 2020

Status Report Order

Jan. 9, 2020

MINUTE ORDER. In light of the parties' 26 joint status report, the parties must submit another joint status report by February 7, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/9/2020. (lcabj3)

27 Feb. 7, 2020

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 02/07/2020)

RECAP
Feb. 10, 2020

Status Report Order

Feb. 10, 2020

MINUTE ORDER. In light of the parties' 27 joint status report, the parties must file another status report by March 6, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/10/2020. (lcabj3)

28 March 6, 2020

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 03/06/2020)

RECAP
March 9, 2020

Set/Reset Deadlines

March 9, 2020

Status Report Order

March 9, 2020

MINUTE ORDER. In light of the parties' 28 joint status report, the parties must file another status report on April 8, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/9/2020. (lcabj3)

March 9, 2020

Set/Reset Deadlines: Joint status report due by 4/8/2020. (tg)

29 April 8, 2020

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 04/08/2020)

RECAP
April 20, 2020

Status Report Order

April 20, 2020

MINUTE ORDER. In light of the parties' 29 joint status report, the parties must submit another status report by May 27, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/20/2020. (lcabj3)

30 May 27, 2020

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 05/27/2020)

RECAP
May 28, 2020

MINUTE ORDER. In light of the parties' 30 joint status report, the parties must submit another status report by June 26, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/28/2020. (lcabj3)

May 28, 2020

Status Report Order

31 June 26, 2020

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 06/26/2020)

RECAP
June 26, 2020

MINUTE ORDER. In light of the parties' 31 joint status report, the parties must submit another status report by July 24, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/26/202. (lcabj3)

Case Details

State / Territory:

District of Columbia

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 7, 2018

Closing Date: Dec. 5, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Judicial Watch, a conservative-leaning nonprofit specializing in FOIA litigation

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. Department of Justice

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

FOIA (Freedom of Information Act), 5 U.S.C. § 552

Other Dockets:

District of District of Columbia 1:18-cv-01854

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Document/information produced

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Required disclosure

Issues

General/Misc.:

Confidentiality

Record-keeping

Records Disclosure

Terrorism/Post 9-11 issues

Recommended Citation