Case: Democracy Forward Foundation v. U.S. Department of Justice

1:25-cv-03755 | U.S. District Court for the District of District of Columbia

Filed Date: Oct. 23, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is a challenge to the Department of Justice’s (DOJ) failure to turn over records concerning the Department of Government Efficiency's (DOGE) involvement in the DOJ’s cancellation of over $800 million in grants, including grants addressing public safety functions.  On October 23, 2025, plaintiff Democracy Forward Foundation (DFF) brought suit against defendants U.S. Department of Justice and the Federal Bureau of Investigation (FBI) to compel compliance with the Freedom of Information …

This case is a challenge to the Department of Justice’s (DOJ) failure to turn over records concerning the Department of Government Efficiency's (DOGE) involvement in the DOJ’s cancellation of over $800 million in grants, including grants addressing public safety functions. 

On October 23, 2025, plaintiff Democracy Forward Foundation (DFF) brought suit against defendants U.S. Department of Justice and the Federal Bureau of Investigation (FBI) to compel compliance with the Freedom of Information Act (FOIA). Plaintiffs alleged that it filed several FOIA requests to shed light on the DOJ’s Office of Justice Program's (OJP) abrupt and large-scale termination of grants in early 2025. The requested records included electronic communications by DOJ and DOGE officials and documentation of the grant terminations. According to plaintiffs, OJP received the requests, but did not produced the requested documents in violation of FOIA. Plaintiffs requested that the court declare the defendant’s withholding of records responsive to the request unlawful, order the defendants to search for and produce any and all non-exempt responsive records, and enjoin the defendants from continuing to withhold such records.

On January 7, 2026, the defendants filed their answer to the complaint along with a motion to strike a section of the complaint. The motion to strike alleged that a specific paragraph in the lawsuit, which criticized the Trump-Vance Administration for terminating certain grants, is immaterial and prejudicial under federal court rules. Because FOIA cases should focus strictly on the production of records rather than a requester's personal motives or political commentary, the defendants claimed this section serves no legal purpose. The motion requested that the court remove the offending language and require the plaintiff to submit a revised complaint.

On February 5, 2026, the court denied the motion to strike on the grounds that “motions to strike are not favored," and the government failed to make the "demanding showing" required. The court found that the section of the complaint at issue is relevant to the claims raised in this case, and it is not "redundant, immaterial, impertinent, or scandalous."

This case is ongoing.

Summary Authors

Sofia Yoder (2/14/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71730986/parties/democracy-forward-foundation-v-us-department-of-justice/


Judge(s)

Nichols, Carl John (District of Columbia)

Attorney for Plaintiff

McGrath, Daniel Alexander (District of Columbia)

Vickery, Amy C. (District of Columbia)

Attorney for Defendant

Duffey, Thomas (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-03755

Complaint for Injunctive Relief

Oct. 23, 2025

Oct. 23, 2025

Complaint
15

1:25-cv-03755

Defendants' Motion to Strike in Part

Jan. 7, 2026

Jan. 7, 2026

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71730986/democracy-forward-foundation-v-us-department-of-justice/

Last updated March 5, 2026, 12:17 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 405 receipt number ADCDC-12038387) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(McGrath, Daniel) (Entered: 10/23/2025)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

4 Summons

View on PACER

5 Summons

View on PACER

Oct. 23, 2025

Oct. 23, 2025

Clearinghouse
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (McGrath, Daniel) (Entered: 10/23/2025)

Oct. 23, 2025

Oct. 23, 2025

3

SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 10/23/2025)

Oct. 23, 2025

Oct. 23, 2025

4

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (McGrath, Daniel) (Entered: 10/23/2025)

Oct. 23, 2025

Oct. 23, 2025

Notice of Error- New Case

Oct. 23, 2025

Oct. 23, 2025

Case Assigned/Reassigned

Oct. 23, 2025

Oct. 23, 2025

Case Assigned to Judge Carl J. Nichols. (zmtm)

Oct. 23, 2025

Oct. 23, 2025

NOTICE OF NEW CASE ERROR regarding 2 LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests. The following error(s) need correction: Other - document not uploaded (zmtm)

Oct. 23, 2025

Oct. 23, 2025

5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amy C. Vickery, Filing fee $ 100, receipt number ADCDC-12042383. Fee Status: Fee Paid. by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(McGrath, Daniel) (Entered: 10/24/2025)

Oct. 24, 2025

Oct. 24, 2025

6

STANDING ORDER. Signed by Judge Carl J. Nichols on 10/31/2025. (lccjn2) (Entered: 10/31/2025)

Oct. 31, 2025

Oct. 31, 2025

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 31, 2025

Oct. 31, 2025

MINUTE ORDER. The Court having considered the 5 Motion for Leave to Appear Pro Hac Vice, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(c), it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that the attorney referenced in the Motion is hereby ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. So ORDERED by Judge Carl J. Nichols on 10/31/2025. (lccjn2)

Oct. 31, 2025

Oct. 31, 2025

7

NOTICE of Appearance by Amy Coleman Vickery on behalf of DEMOCRACY FORWARD FOUNDATION (Vickery, Amy) (Entered: 11/06/2025)

Nov. 6, 2025

Nov. 6, 2025

8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/30/2025. Answer due for ALL FEDERAL DEFENDANTS by 11/29/2025. (McGrath, Daniel) (Entered: 11/21/2025)

Nov. 21, 2025

Nov. 21, 2025

9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/03/2025. (McGrath, Daniel) (Entered: 11/21/2025)

Nov. 21, 2025

Nov. 21, 2025

10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 11/3/2025 (McGrath, Daniel) (Entered: 11/21/2025)

Nov. 21, 2025

Nov. 21, 2025

11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 11/3/2025 (McGrath, Daniel) (Entered: 11/21/2025)

Nov. 21, 2025

Nov. 21, 2025

12

MOTION for Extension of Time to File Answer re 1 Complaint, with proposed order by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 12/01/2025)

Dec. 1, 2025

Dec. 1, 2025

Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines

Dec. 1, 2025

Dec. 1, 2025

MINUTE ORDER. Upon consideration of the 12 Motion for Extension of Time, and for good cause shown, that Motion is GRANTED. The government shall respond to the 1 Complaint on or before December 31, 2025. So ORDERED by Judge Carl J. Nichols on 12/01/2025. (lccjn2)

Dec. 1, 2025

Dec. 1, 2025

13

Consent MOTION for Extension of Time to File Answer re 1 Complaint, with proposed order by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 12/30/2025)

Dec. 30, 2025

Dec. 30, 2025

MINUTE ORDER. Upon consideration of the 13 Consent Motion for Extension of Time, that Motion is GRANTED. The government shall respond to the 1 Complaint on or before January 7, 2026. So ORDERED by Judge Carl J. Nichols on 12/31/2025. (lccjn2)

Dec. 31, 2025

Dec. 31, 2025

Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines

Dec. 31, 2025

Dec. 31, 2025

14

ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(Duffey, Thomas) (Entered: 01/07/2026)

Jan. 7, 2026

Jan. 7, 2026

15

MOTION to Strike 1 Complaint, In Part by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 01/07/2026)

Jan. 7, 2026

Jan. 7, 2026

Clearinghouse
16

Memorandum in opposition to re 15 MOTION to Strike 1 Complaint, In Part filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Vickery, Amy) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before February 6, 2026. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request and any discussions regarding whether Plaintiff's request can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. So ORDERED by Judge Carl J. Nichols on 01/16/2026. (lccjn2)

Jan. 16, 2026

Jan. 16, 2026

Status Report Order

Jan. 16, 2026

Jan. 16, 2026

17

REPLY to opposition to motion re 15 Motion to Strike filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

MINUTE ORDER. Upon consideration of the 15 Motion to Strike, that Motion is DENIED. "[M]otions to strike are not favored," and the government has failed to make the "demanding showing" required here. D.C. Int'l Charter Sch. v. Lemus, 660 F. Supp. 3d 1, 19 (D.D.C. 2023) (citation and internal quotation marks omitted). Paragraph 13 of the 1 Complaint is relevant to the claims raised in this case, and it is not "redundant, immaterial, impertinent, or scandalous." Fed. R. Civ. P. 12(f). So ORDERED by Judge Carl J. Nichols on 02/05/2026. (lccjn2)

Feb. 5, 2026

Feb. 5, 2026

Order on Motion to Strike

Feb. 5, 2026

Feb. 5, 2026

18

Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 02/06/2026)

Feb. 6, 2026

Feb. 6, 2026

MINUTE ORDER. Upon consideration of the 18 Joint Status Report, it is hereby ORDERED that the Parties shall file another Joint Status Report on or before March 19, 2026. So ORDERED by Judge Carl J. Nichols on 02/12/2026. (lccjn2)

Feb. 12, 2026

Feb. 12, 2026

Status Report Order

Feb. 12, 2026

Feb. 12, 2026

19

Answer to Complaint

Feb. 18, 2026

Feb. 18, 2026

Case Details

State / Territory:

District of Columbia

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Trump Administration 1.0 & 2.0 FOIA cases

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Oct. 23, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff DFF is a not-for-profit organization incorporated under the laws of the District of Columbia and based in Washington, D.C. Plaintiff works to promote transparency and accountability in government, in part, by educating the public on government actions and policies.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Democracy Forward

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Federal Bureau of Investigation

U.S. Department of Justice

Defendant Type(s):

Jurisdiction-wide

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-03755

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Document/Information

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Funding

Public assistance grants

Presidential/Gubernatorial Authority:

DOGE (Department of Government Efficiency)