Filed Date: March 14, 2025
Case Ongoing
Clearinghouse coding complete
This is a case about government transparency and the public’s right to access information about possible executive branch interference in the federal judiciary.
On March 14, 2025, the Democracy Forward Foundation, a nonprofit organization focused on government accountability, filed this lawsuit against the U.S. Marshals Service ("USMS") in the United States District Court for the District of Columbia. The Plaintiff had previously filed several requests under the Freedom of Information Act ("FOIA"), seeking information and documentation relating to (1) potential inappropriate communications between USMS and federal judges about pending cases related to the January 6, 2021 riots at the U.S. Capitol, potentially following direction from the Department of Government Efficiency ("DOGE"); and (2) USMS’s role in enforcing court orders in light of Vice President JD Vance’s comments declaring that “judges aren’t allowed to control the executive’s legitimate power.”
Democracy Forward brought this action after the Defendant failed to respond to its FOIA requests within the time period required by law. The plaintiff sued the U.S. Marshals Service (USMS) under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. Represented by its in-house counsel, Democracy Forward sought a court order compelling USMS to conduct a comprehensive search for responsive documents and to release all non-exempt records. Democracy Forward also asked for a Vaughn index describing any withheld documents and invoked its right to recover litigation costs and attorneys’ fees under FOIA’s fee-shifting provision. The case was assigned to Judge Timothy J. Kelly.
On April 21, 2025, the U.S. Marshals Service filed its answer to the complaint, denying allegations of unlawful FOIA delay and raising standard defenses. In response, Judge Timothy J. Kelly issued a Minute Order on April 23, directing the parties to meet and confer regarding a proposed schedule for briefing or document disclosure. In a subsequent status conference on July 9, the parties agreed to narrow the responsive documents and schedule the disbursement of documents to DFF. Specifically, the report detailed that USMS had identified 674 pages of records that were potentially responsive to DFF’s requests. The parties will file another joint status report on October 6, 2025.
The case is ongoing.
Summary Authors
Karma Karira (5/7/2025)
Jeremiah Price (6/9/2025)
Madena Mustafa (9/24/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69737989/parties/democracy-forward-foundation-v-us-marshals-service/
Kelly, Timothy James (District of Columbia)
McGrath, Daniel Alexander (District of Columbia)
Thurston, Robin F. (District of Columbia)
Bardo, John (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/69737989/democracy-forward-foundation-v-us-marshals-service/
Last updated Oct. 15, 2025, 1:43 p.m.
State / Territory: District of Columbia
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump Administration 1.0 & 2.0 FOIA cases
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: March 14, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The plaintiff, Democracy Forward Foundation, is a nonprofit organization based in Washington, D.C., dedicated to promoting transparency and accountability in government through legal advocacy and public education.
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Marshals Service (District of Columbia, - United States (national) -), Federal
Defendant Type(s):
Case Details
Causes of Action:
FOIA (Freedom of Information Act), 5 U.S.C. § 552
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Access to lawyers or judicial system
Presidential/Gubernatorial Authority: