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

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

Filed Date: Aug. 7, 2018

Case Ongoing

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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…

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.

The case and document production is still ongoing; Judicial Watch has not yet contested any of the DOJ's withholdings.

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Summary Authors

Ellen Aldin (12/21/2020)

James Madison Project v. U.S. Department of Justice, 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 Columbia (2018)

Page v. U.S. Department of Justice, 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 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)

Judge(s)

Jackson, Amy Berman (District of Columbia)

Attorney for Plaintiff

Cotca, Ramona Raula (District of Columbia)

Lee, Eric W. (District of Columbia)

Orfanedes, Paul J (District of Columbia)

Attorney for Defendant

Clark, Jeffrey Bossert (District of Columbia)

Gerardi, Michael J. (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Shapiro, Elizabeth J. (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:18-cv-01854	Docket [Pacer] 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

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Docket

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

Last updated Feb. 22, 2024, 3:06 a.m.

ECF Number	Description	Date	Link Date / Link
1	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	Aug. 7, 2018	Aug. 7, 2018 RECAP
2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Cotca, Ramona) (Entered: 08/07/2018)	Aug. 7, 2018	Aug. 7, 2018 PACER
	Case Assigned to Judge Amy Berman Jackson. (zsb)	Aug. 9, 2018	Aug. 9, 2018 PACER
	Case Assigned/Reassigned	Aug. 9, 2018	Aug. 9, 2018 PACER
3	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)	Aug. 10, 2018	Aug. 10, 2018 PACER
4	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)	Aug. 16, 2018	Aug. 16, 2018 PACER
5	NOTICE of Appearance by Michael Joseph Gerardi on behalf of U.S. DEPARTMENT OF JUSTICE (Gerardi, Michael) (Entered: 09/13/2018)	Sept. 13, 2018	Sept. 13, 2018 PACER
6	ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Gerardi, Michael) (Entered: 09/13/2018)	Sept. 13, 2018	Sept. 13, 2018 PACER
	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	Sept. 14, 2018 PACER
	Order	Sept. 14, 2018	Sept. 14, 2018 PACER
7	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 10/12/2018)	Oct. 12, 2018	Oct. 12, 2018 RECAP
	Order	Oct. 12, 2018	Oct. 12, 2018 PACER
	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. 12, 2018	Oct. 12, 2018 PACER
	Set/Reset Deadlines: Joint Status Report due by 10/19/2018. (tb)	Oct. 18, 2018	Oct. 18, 2018 PACER
	Set/Reset Deadlines	Oct. 18, 2018	Oct. 18, 2018 PACER
8	Joint STATUS REPORT (Second) by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 10/19/2018)	Oct. 19, 2018	Oct. 19, 2018 RECAP
	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	Oct. 30, 2018 PACER
	Order	Oct. 30, 2018	Oct. 30, 2018 PACER
9	Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 12/07/2018)	Dec. 7, 2018	Dec. 7, 2018 PACER
	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	Dec. 10, 2018 PACER
	Order	Dec. 10, 2018	Dec. 10, 2018 PACER
10	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)	Dec. 26, 2018	Dec. 26, 2018 PACER
	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	Dec. 28, 2018 PACER
	Order on Motion to Stay	Dec. 28, 2018	Dec. 28, 2018 PACER
11	NOTICE BY DEFENDANT TO THE COURT OF RESTORATION OF APPROPRIATIONS by U.S. DEPARTMENT OF JUSTICE (Gerardi, Michael) (Entered: 01/29/2019)	Jan. 29, 2019	Jan. 29, 2019 PACER
	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	Jan. 30, 2019 PACER
	Order	Jan. 30, 2019	Jan. 30, 2019 PACER
12	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)	Feb. 5, 2019	Feb. 5, 2019 PACER
13	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 02/05/2019)	Feb. 5, 2019	Feb. 5, 2019 PACER
	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	Feb. 6, 2019 PACER
	Order	Feb. 6, 2019	Feb. 6, 2019 PACER
14	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)	March 13, 2019	March 13, 2019 PACER
	Set/Reset Deadlines	March 15, 2019	March 15, 2019 PACER
	Order on Motion for Extension of Time to	March 15, 2019	March 15, 2019 PACER
	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)	March 15, 2019	March 15, 2019 PACER
15	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 03/19/2019)	March 19, 2019	March 19, 2019 PACER
	~Util - Set/Reset Deadlines	March 22, 2019	March 22, 2019 PACER
	.Order	March 22, 2019	March 22, 2019 PACER
	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	March 22, 2019 PACER
	Order	March 22, 2019	March 22, 2019 PACER
16	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 04/10/2019)	April 10, 2019	April 10, 2019 PACER
	~Util - Set/Reset Deadlines	April 16, 2019	April 16, 2019 PACER
	.Order	April 16, 2019	April 16, 2019 PACER
	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	April 16, 2019 PACER
	Order	April 16, 2019	April 16, 2019 PACER
17	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 05/10/2019)	May 10, 2019	May 10, 2019 RECAP
	~Util - Set/Reset Deadlines	May 13, 2019	May 13, 2019 PACER
	.Order	May 13, 2019	May 13, 2019 PACER
	Order	May 13, 2019	May 13, 2019 PACER
	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)	May 13, 2019	May 13, 2019 PACER
18	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 06/14/2019)	June 14, 2019	June 14, 2019 PACER
	~Util - Set/Reset Deadlines	June 17, 2019	June 17, 2019 PACER
	.Order	June 17, 2019	June 17, 2019 PACER
	Order	June 17, 2019	June 17, 2019 PACER
	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)	June 17, 2019	June 17, 2019 PACER
19	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)	June 28, 2019	June 28, 2019 PACER
	Set/Reset Deadlines	June 28, 2019	June 28, 2019 PACER
	Order on Motion for Extension of Time to	June 28, 2019	June 28, 2019 PACER
	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)	June 28, 2019	June 28, 2019 PACER
20	Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 07/19/2019)	July 19, 2019	July 19, 2019 PACER
	~Util - Set/Reset Deadlines	July 23, 2019	July 23, 2019 PACER
	.Order	July 23, 2019	July 23, 2019 PACER
	Order	July 23, 2019	July 23, 2019 PACER
	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)	July 23, 2019	July 23, 2019 PACER
21	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)	Aug. 7, 2019	Aug. 7, 2019 PACER
	Set/Reset Deadlines	Aug. 8, 2019	Aug. 8, 2019 PACER
	Order on Motion for Extension of Time to	Aug. 8, 2019	Aug. 8, 2019 PACER
	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)	Aug. 8, 2019	Aug. 8, 2019 PACER
22	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 09/05/2019)	Sept. 5, 2019	Sept. 5, 2019 PACER
	~Util - Set/Reset Deadlines	Sept. 10, 2019	Sept. 10, 2019 PACER
	.Order	Sept. 10, 2019	Sept. 10, 2019 PACER
	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)	Sept. 10, 2019	Sept. 10, 2019 PACER
23	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 10/01/2019)	Oct. 1, 2019	Oct. 1, 2019 PACER
	~Util - Set/Reset Deadlines	Oct. 2, 2019	Oct. 2, 2019 PACER
	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, )	Oct. 2, 2019	Oct. 2, 2019 PACER
24	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 11/01/2019)	Nov. 1, 2019	Nov. 1, 2019 PACER
	Status Report Order	Nov. 4, 2019	Nov. 4, 2019 PACER
	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)	Nov. 4, 2019	Nov. 4, 2019 PACER
25	Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 12/04/2019)	Dec. 4, 2019	Dec. 4, 2019 PACER
	Status Report Order	Dec. 5, 2019	Dec. 5, 2019 PACER
	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)	Dec. 5, 2019	Dec. 5, 2019 PACER
26	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 01/08/2020)	Jan. 8, 2020	Jan. 8, 2020 PACER
	Status Report Order	Jan. 9, 2020	Jan. 9, 2020 PACER
	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)	Jan. 9, 2020	Jan. 9, 2020 PACER
27	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 02/07/2020)	Feb. 7, 2020	Feb. 7, 2020 PACER
	Status Report Order	Feb. 10, 2020	Feb. 10, 2020 PACER
	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)	Feb. 10, 2020	Feb. 10, 2020 PACER
28	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 03/06/2020)	March 6, 2020	March 6, 2020 PACER
	Set/Reset Deadlines	March 9, 2020	March 9, 2020 PACER
	Status Report Order	March 9, 2020	March 9, 2020 PACER
	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	March 9, 2020 PACER
	Set/Reset Deadlines: Joint status report due by 4/8/2020. (tg)	March 9, 2020	March 9, 2020 PACER
29	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 04/08/2020)	April 8, 2020	April 8, 2020 PACER
	Status Report Order	April 20, 2020	April 20, 2020 PACER
	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)	April 20, 2020	April 20, 2020 PACER
30	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 05/27/2020)	May 27, 2020	May 27, 2020 PACER
	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	May 28, 2020 PACER
	Status Report Order	May 28, 2020	May 28, 2020 PACER
31	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 06/26/2020)	June 26, 2020	June 26, 2020 PACER
	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)	June 26, 2020	June 26, 2020 PACER