Filed Date: March 6, 2025
Case Ongoing
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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 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, but 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. Plaintiff appealed Defendant’s denial on July 12, 2024, arguing that Defendant was indeed subject to FOIA, but Defendant again denied Plaintiff’s appeal on August 26, 2024.
Plaintiff argued that Defendant was an “executive agency” as defined under FOIA, 5 U.S.C. § 551(1). 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 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, 2025. Briefing completed on July 28, 2025. In their motion to dismiss for failure to state a legally redressable claim, GAO argued that the plaintiffs failed to state a claim because GAO is an agency of the legislative branch without executive officers or powers, and therefore not subject to FOIA.
This case is ongoing.
Summary Authors
Madilynn O'Hara (3/25/2025)
Jeremiah Price (6/18/2025)
Madena Mustafa (9/22/2025)
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)
Horowitz, Brenda A. (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/69712307/america-first-legal-foundation-v-us-government-accountability-office/
Last updated March 26, 2026, 4:05 a.m.
State / Territory:
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 6, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
American First Legal, a nonprofit organization dedicated to promoting the rule of law and government transparency
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
US Government Accountability Office
Defendant Type(s):
Case Details
Causes of Action:
FOIA (Freedom of Information Act), 5 U.S.C. § 552
Other Dockets:
District of District of Columbia 1:25-cv-00662
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Presidential/Gubernatorial Authority:
Case Summary of America First Legal Foundation v. U.S. Government Accountability Office, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46278/ (last updated 9/22/2025).