Case: American Oversight v. U.S. Department of Homeland Security

1:25-cv-03113 | U.S. District Court for the District of District of Columbia

Filed Date: Sept. 10, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 10, 2025, American Oversight filed suit against the Department of Homeland Security (“DHS”) in the U.S. District Court for the District of Columbia seeking records about Corey Lewandowski’s role at the agency. Though officially designated a Special Government Employee (“SGE”), capped at 130 workdays per year, Lewandowski—former campaign manager for President Trump and now “Chief Advisor” to DHS Secretary Kristi Noem—was reported to act as her de facto chief of staff, exercising bro…

On September 10, 2025, American Oversight filed suit against the Department of Homeland Security (“DHS”) in the U.S. District Court for the District of Columbia seeking records about Corey Lewandowski’s role at the agency. Though officially designated a Special Government Employee (“SGE”), capped at 130 workdays per year, Lewandowski—former campaign manager for President Trump and now “Chief Advisor” to DHS Secretary Kristi Noem—was reported to act as her de facto chief of staff, exercising broad authority over contracts, personnel, and access while avoiding documentation and failing to file required financial disclosures.

To shed light on his activities, American Oversight submitted three FOIA requests between May and July 2025 seeking Lewandowski’s official calendar, his communications with Congress, the White House, and outside actors, as well as emails relating to the Insurrection Act and Posse Comitatus Act and to the denaturalization of U.S. citizens. Although DHS allegedly acknowledged each request, it produced no records or determinations. American Oversight now seeks declaratory and injunctive relief under FOIA and the Declaratory Judgment Act, 28 U.S.C. §§ 2201–2202, to compel DHS to conduct adequate searches and release responsive records

The matter was assigned to Judge Trevor N. McFadden on September 12, 2025.

This case is ongoing.

Summary Authors

Michael Vandergriff (12/12/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71310654/parties/american-oversight-v-us-department-of-homeland-security/


Judge(s)

McFadden, Trevor Neil (District of Columbia)

Attorney for Plaintiff

Martinez, Daniel Havlir (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-03113

Complaint

Sept. 10, 2025

Sept. 10, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71310654/american-oversight-v-us-department-of-homeland-security/

Last updated June 20, 2026, 4:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 405 receipt number ADCDC-11947886) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons USAO, # 3 Summons AG, # 4 Summons DHS, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C)(Martinez, Daniel) (Entered: 09/10/2025)

Sept. 10, 2025

Sept. 10, 2025

Clearinghouse
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Martinez, Daniel) (Entered: 09/10/2025)

Sept. 10, 2025

Sept. 10, 2025

3

SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zhcn) (Entered: 09/12/2025)

Sept. 12, 2025

Sept. 12, 2025

4

STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 9/12/2025. (lctnm1) (Entered: 09/12/2025)

Sept. 12, 2025

Sept. 12, 2025

Case Assigned to Judge Trevor N. McFadden. (zhcn)

Sept. 12, 2025

Sept. 12, 2025

Case Assigned/Reassigned

Sept. 12, 2025

Sept. 12, 2025

5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 9/22/2025 (Attachments: # 1 Declaration)(Martinez, Daniel) (Entered: 09/23/2025)

Sept. 23, 2025

Sept. 23, 2025

6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/12/2025. ( Answer due for ALL FEDERAL DEFENDANTS by 10/12/2025.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/22/2025. (See docket entry 5 to view document) (mg) (Entered: 09/24/2025)

Sept. 23, 2025

Sept. 23, 2025

Summons Returned Executed as to U.S. Attorney General AND Summons Returned Executed in FOIA case as to U.S. Attorney

Sept. 24, 2025

Sept. 24, 2025

7

ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Walker, Anna) (Entered: 12/08/2025)

Dec. 8, 2025

Dec. 8, 2025

MINUTE ORDER: Before the Court are a Complaint and Answer in this FOIA case. It is hereby ORDERED that the parties meet and confer and that they then file a Joint Status Report proposing a schedule for proceeding in this matter. That JSR should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the JSR on or before February 9, 2026. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/9/2025. (lctnm1)

Dec. 9, 2025

Dec. 9, 2025

.Order AND ~Util - Set/Reset Deadlines

Dec. 9, 2025

Dec. 9, 2025

8

Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Walker, Anna) (Entered: 02/09/2026)

Feb. 9, 2026

Feb. 9, 2026

RECAP

MINUTE ORDER. The parties are directed to file another Joint Status Report on or before April 10, 2026 apprising the Court of updates on Plaintiff's FOIA request. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/10/2026 (lctnm1).

Feb. 10, 2026

Feb. 10, 2026

.Order AND ~Util - Set/Reset Deadlines

Feb. 10, 2026

Feb. 10, 2026

9

NOTICE of Appearance by Benjamin A. Sparks on behalf of AMERICAN OVERSIGHT (Sparks, Benjamin) (Entered: 04/09/2026)

April 9, 2026

April 9, 2026

10

NOTICE OF SUBSTITUTION OF COUNSEL by Tara Derbisz on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Anna D. Walker (Derbisz, Tara) (Entered: 04/09/2026)

April 9, 2026

April 9, 2026

11

Joint STATUS REPORT by AMERICAN OVERSIGHT. (Martinez, Daniel) (Entered: 04/10/2026)

April 10, 2026

April 10, 2026

.Order AND ~Util - Set/Reset Deadlines

April 10, 2026

April 10, 2026

MINUTE ORDER. The parties are directed to submit another Joint Status Report by May 11, 2026. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/11/2026 (lctnm1).

April 10, 2026

April 10, 2026

12

Status Report

May 11, 2026

May 11, 2026

.Order AND ~Util - Set/Reset Deadlines

May 12, 2026

May 12, 2026

13

Status Report

June 10, 2026

June 10, 2026

.Order AND ~Util - Set/Reset Deadlines

June 11, 2026

June 11, 2026

Case Details

State / Territory:

District of Columbia

Case Type(s):

National Security

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Sept. 10, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Oversight Watchdog files suit to compel DHS FOIA compliance.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Secretary Kristi Noem

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 1:25-cv-03113

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Document/Information

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Presidential/Gubernatorial Authority:

Access to information systems

Appointment Authority

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