Filed Date: March 6, 2025
Case Ongoing
Clearinghouse coding complete
This case, brought by the America First Legal Foundation (AFL), challenges a Freedom of Information Act (FOIA) denial by the U.S. Government Accountability Office (GAO).
The case was filed on March 6, 2025, in the United States District Court for the District of Columbia by AFL, a nonprofit organization dedicated to promoting the rule of law and government transparency. Plaintiff brought suit against the GAO, which Plaintiff argued was an executive branch agency subject to FOIA. Plaintiff brought suit under FOIA, 5 U.S.C. § 552.
The dispute arose after Plaintiff submitted a FOIA request to Defendant on March 23, 2023, seeking records related to a report from October 7, 2020, which discussed the Department of Health and Human Services’ (HHS) Office of Refugee and Resettlement (ORR) shelters and their care of unaccompanied alien children. Defendant acknowledged receipt of Plaintiff's request the following day, assigning it case number PRI-23-1278. After nearly a year passed without a response, Plaintiff requested a status update from Defendant. On May 15, 2024, Defendant responded by denying Plaintiff’s FOIA request, asserting that as an agency responsible to Congress, it was not subject to FOIA. Defendant stated that it instead applied its own disclosure regulations and declined to release records. Plaintiff appealed Defendant’s denial on July 12, 2024, arguing that Defendant was indeed subject to FOIA. However, on August 26, 2024, Defendant again denied Plaintiff’s appeal, maintaining its position that it was not under the purview of FOIA.
Plaintiff argued that Defendant was an “executive agency” as defined under FOIA, 5 U.S.C. § 551(1). Plaintiff argued that Defendant should be defined as an “independent establishment” and further defined “independent establishment” as an “executive agency” according to FOIA. Plaintiff supported this argument by pointing to Defendant's exercise of executive powers and the fact that it was headed by the Comptroller General, an officer appointed by the President with the advice and consent of the Senate. Plaintiff further detailed the substantial executive powers exercised by Defendant, such as settling government accounts, supervising debt recovery, deciding bid protests affecting government contracts, investigating the use of public money, auditing financial transactions of agencies, and prescribing accounting standards for executive agencies.
Plaintiff sought declaratory and injunctive relief, asking that the court declare that the requested records must be disclosed, declare that Defendant was an executive branch agency subject to FOIA, order Defendant to conduct FOIA-compliant searches and produce non-exempt records, and award Plaintiff attorneys’ fees and costs.
The case was assigned to Judge Sparkle L. Sooknanan, who ordered briefing on the defendants' motion to dismiss, which was filed on May 28, to be completed by July 28. In their motion, the defendants argued that the plaintiffs failed to state a claim since "as an agency of the legislative branch of the federal government, Defendant is not subject to FOIA." Furthermore, the defendants argued that " the Supreme Court has established that GAO is a legislative branch agency. As such, Defendant does not have executive officers, nor does it exercise executive powers." Therefore, since GAO is not subject to FOIA, the defendants argued that the plaintiffs had failed to state a legally redressable claim and therefore asked the court to dismiss the case.
This case is ongoing.
Summary Authors
Madilynn O'Hara (3/25/2025)
Jeremiah Price (6/18/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69712307/parties/america-first-legal-foundation-v-us-government-accountability-office/
Mills, Christopher Ernest (District of Columbia)
Scolinos, William Frank (District of Columbia)
DeGenaro, Stephen (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/69712307/america-first-legal-foundation-v-us-government-accountability-office/
Last updated Aug. 23, 2025, 9:26 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
Trump Administration 2.0: Challenges to the Government (FOIA)
Key Dates
Filing Date: March 6, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
American First Legal
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
US Government Accountability Office, Federal
Defendant Type(s):
Case Details
Causes of Action:
FOIA (Freedom of Information Act), 5 U.S.C. § 552
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Presidential/Gubernatorial Authority: