Case: Democratic National Committee v. US Department of Justice

Democratic National Committee v. U.S. Department of Justice

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-12288782) filed by DEMOCRATIC NATIONAL COMMITTEE. (Attachments: # 1 Exhibit FBI FOIA Letter, # 2 Exhibit DOJ-CRT FOIA Letter, # 3 Exhibit DOJ-CRM FOIA Letter, # 4 Exhibit DOJ-OIP FOIA Letter, # 5 Exhibit DHS-CBP FOIA Letter, # 6 Exhibit DHS-FPS FOIA Letter, # 7 Exhibit DHS-ICE FOIA Letter, # 8 Exhibit DHS-HQ FOIA Letter, # 9 Exhibit DOD-NGB FOIA Letter, # 10 Exhibit DOD-NORTHCOMM FOIA Letter, # 11 Exhibit DOD-OSD FOIA Letter, # 12 Civil Cover Sheet, # 13 Summons, # 14 Summons, # 15 Summons)(Freeman, Daniel) (Attachment 12 replaced on 3/10/2026) (zmtm). (Entered: 03/10/2026)

1 Exhibit FBI FOIA Letter

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2 Exhibit DOJ-CRT FOIA Letter

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3 Exhibit DOJ-CRM FOIA Letter

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4 Exhibit DOJ-OIP FOIA Letter

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5 Exhibit DHS-CBP FOIA Letter

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6 Exhibit DHS-FPS FOIA Letter

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7 Exhibit DHS-ICE FOIA Letter

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8 Exhibit DHS-HQ FOIA Letter

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9 Exhibit DOD-NGB FOIA Letter

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10 Exhibit DOD-NORTHCOMM FOIA Letter

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11 Exhibit DOD-OSD FOIA Letter

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12 Civil Cover Sheet

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13 Summons

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14 Summons

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15 Summons

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CIVIL COVER SHEET by DEMOCRATIC NATIONAL COMMITTEE filed by DEMOCRATIC NATIONAL COMMITTEE.(Freeman, Daniel) (Main Document 2 replaced on 3/10/2026) (zmtm). (Entered: 03/10/2026)

REQUEST FOR SUMMONS TO ISSUE filed by DEMOCRATIC NATIONAL COMMITTEE. (Attachments: # 1 Summons USAG, # 2 Summons USAO, # 3 Summons DOJ, # 4 Summons DHS, # 5 Summons DOD)(Freeman, Daniel) (Entered: 03/10/2026)

SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 03/10/2026)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRATIC NATIONAL COMMITTEE (Freeman, Daniel) (Entered: 03/10/2026)

NOTICE of Appearance by Adam B. Miller on behalf of DEMOCRATIC NATIONAL COMMITTEE (Miller, Adam) (Entered: 03/10/2026)

STANDING ORDER. Signed by Judge Beryl A. Howell on March 10, 2026. (lcbah4) (Entered: 03/10/2026)

Notice of Error- New Case

NOTICE OF NEW CASE ERROR The following error(s) need correction: Incorrect civil cover sheet. Please locate the Civil Cover Sheet (JS44) form at www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet. Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmtm)

Case Assigned/Reassigned

Case Assigned to Judge Beryl A. Howell. (zmtm)

NOTICE of Appearance by Benjamin B. Klubes on behalf of All Plaintiffs (Klubes, Benjamin) (Entered: 03/14/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/16/2026. (Freeman, Daniel) (Entered: 03/17/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/16/2026. Answer due for ALL FEDERAL DEFENDANTS by 4/15/2026. (Freeman, Daniel) (Entered: 03/17/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. US DEPARTMENT OF JUSTICE served on 3/17/2026 (Freeman, Daniel) (Entered: 03/17/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. US DEPARTMENT OF HOMELAND SECURITY served on 3/16/2026 (Freeman, Daniel) (Entered: 03/17/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. US DEPARTMENT OF DEFENSE served on 3/16/2026 (Freeman, Daniel) (Entered: 03/17/2026)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, by US DEPARTMENT OF DEFENSE, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Vaden, Andrew) (Entered: 04/15/2026)

MINUTE ORDER (paperless) GRANTING, nunc pro tunc, defendants' 14 Unopposed Motion to Extend Time to Respond; and DIRECTING defendants to file, by May 6, 2026, any response to plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on April 16, 2026. (lcbah4)

Set/Reset Deadlines: Defendants Response To Plaintiff's 1 Complaint due by 5/6/2026. (mac)

Partial MOTION to Strike 1 Complaint,, by US DEPARTMENT OF DEFENSE, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Vaden, Andrew) (Entered: 05/06/2026)

1 Text of Proposed Order

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ANSWER to Complaint by US DEPARTMENT OF DEFENSE, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE.(Vaden, Andrew) (Entered: 05/06/2026)

Memorandum in opposition to re 15 Partial MOTION to Strike 1 Complaint,, filed by DEMOCRATIC NATIONAL COMMITTEE. (Attachments: # 1 Text of Proposed Order)(Freeman, Daniel) (Entered: 05/12/2026)

1 Text of Proposed Order

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REPLY to opposition to motion re 15 Motion to Strike filed by US DEPARTMENT OF DEFENSE, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE. (Vaden, Andrew) (Entered: 05/19/2026)

Unopposed MOTION for Extension of Time to File Joint Meet and Confer Report by US DEPARTMENT OF DEFENSE, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Vaden, Andrew) (Entered: 05/20/2026)

1 Text of Proposed Order

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Order on Motion to Strike

MINUTE ORDER (paperless) DENYING defendants' 15 Partial Motion to Strike Complaint ("Defs.' Mot."), upon consideration of that motion, plaintiff's 17 Memorandum in Opposition to Defendants' Partial Motion to Strike ("Pl.'s Opp'n"), and defendants' 18 Reply in Support of the Partial Motion to Strike ("Defs.' Reply"). The Federal Rules of Civil Procedure provide that a court "may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter," Fed. R. Civ. P. 12(f), but "'[t]he decision to grant or deny a motion to strike is vested in the trial judge's sound discretion,' and '[t]he moving party bears a heavy burden as courts generally disfavor motions to strike,'" Sacchetti v. Gallaudet Univ., 344 F. Supp. 3d 233, 251 (D.D.C. 2018) (RBW) (second alteration in original) (quoting Canady v. Erbe Elektromedizin GmbH, 384 F. Supp. 2d 176, 180 (D.D.C. 2005) (RMU), and Ng v. Lahood, 952 F. Supp. 2d 85, 92 (D.D.C. 2013) (KBJ)); see also Gates v. District of Columbia, 825 F. Supp. 2d 168, 169 (D.D.C. 2011) (RWR) ("[A] motion to strike is a drastic remedy that courts disfavor."). Moreover, the D.C. Circuit has emphasized that "motions to strike, as a general rule, are disfavored." Stabilisierungsfonds Fur Wein v. Kaiser Stuhl Wine Distribs. Pty. Ltd., 647 F.2d 200, 201 (D.C. Cir. 1981) (per curiam); see also Redwood v. Dobson, 476 F.3d 462, 471 (7th Cir. 2007) (Easterbrook, J.) ("Motions to strike words, sentences, or sections out of briefs serve no purpose except to aggravate the opponent--and though that may have been the goal here, this goal is not one the judicial system will help any litigant achieve."). Defendants fall short of meeting this "heavy burden." Defendants' instant motion, which became ripe in the evening of May 19, 2026, seeks to strike allegations made in ten paragraphs of plaintiff's 1 Complaint ("Compl."), ¶¶ 1, 4, 11-15, 19, 20, 23, see Defs.' Mot. at 1, including statements providing the purpose of plaintiff's Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, requests, see Compl. ¶ 4 ("To ensure that the American people obtain timely knowledge of potential threats to free and fair elections and to enable the DNC to take appropriate action to ensure voting rights are protected, the DNC now seeks this Court's aid to enforce FOIA requirements."), public reports of efforts by federal agents to interfere with elections, see id. ¶ 13 ("FBI agents also recently seized ballots cast in Georgia during the 2020 Presidential Election from a Fulton County elections office, based on a warrant affidavit compiling debunked conspiracy theories."), and descriptions of how collecting and disseminating information concerning potential deployments of federal agents to polling locations has been useful in past elections, see id. ¶ 20 ("During February 2026 Minnesota precinct caucuses, the DNC received requests for guidance and assistance concerning the potential presence of armed federal officers at polling places. The DNC provided information, resources, and direct support in response."). In defendants' view, these claims are "false, sensationalized, and wholly unsupported," and prejudice defendants due to the "fanciful narrative impugning Defendants to be filed in [a] FOIA complaint." Defs.' Mot. at 4-5. Plaintiff responds that "the Challenged Paragraphs address standing, the equitable basis for relief, the standard for exemptions that may be asserted, and the basis for the DNC's fees claim." Pl.'s Opp'n at 3. Indeed, defendants virtually concede this point, acknowledging that plaintiff requests attorneys' fees and that "it is true that entitlement to fees is a determination made based on factors including 'the public benefit derived from the case' and 'the nature of the plaintiff's interest in the records.'" Defs.' Reply at 2-3 (quoting McKinley v. Fed. Hous. Fin. Agency, 739 F.3d 707, 711 (D.C. Cir. 2014)). Thus, consistent with even defendants' reasoning, the disputed allegations are relevant because they may help support findings necessary for attorneys' fees. Consequently, the relevancy of the disputed allegations, the absence of scandalous content, and the overall concise nature of the complaint dictate denial of this "disfavored," Stabilisierungsfonds, 647 F.2d at 201, partial motion to strike. Signed by Judge Beryl A. Howell on May 20, 2026. (lcbah4)

Order on Motion for Extension of Time to File

MINUTE ORDER (paperless) GRANTING defendants' 19 Unopposed Motion for Extension of Time to File Joint Meet and Confer Report; and DIRECTING defendants to file, by May 22, 2026, a meet and confer report. Signed by Judge Beryl A. Howell on May 20, 2026. (lcbah4)

Set/Reset Deadlines

Set/Reset Deadlines: Defendants Meet & Confer Statement due by 5/22/2026. (mac)

Joint STATUS REPORT (Abbreviated Joint Meet and Confer Report) by US DEPARTMENT OF DEFENSE, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE. (Vaden, Andrew) (Entered: 05/22/2026)

MINUTE ORDER (paperless), upon consideration of the parties' 20 Joint Meet and Confer Report, DIRECTING defendants to complete, by July 1, 2026, any remaining searches for responsive records; DIRECTING defendants to begin processing records potentially responsive to plaintiff's requests at a rate of 500 pages per month for each outstanding request, and to begin producing records to plaintiff each month thereafter on a rolling basis; and FURTHER DIRECTING the parties to file, by July 1, 2026, a joint status report advising the Court of the status of this matter, whether any disputes remain, and if so, proposing a schedule for further proceedings. At issue in this case is defendants' responses to plaintiff's eleven Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, requests to components of three defendants, the U.S. Department of Justice ("DOJ"), U.S. Department of Homeland Security ("DHS"), and U.S. Department of Defense ("DoD"), submitted on October 17, 2025, "seeking records related to the deployment of uniformed military or national guard personnel to polling places, ballot drop boxes, or election offices between the start of early voting and the completion of election certification." Compl. ¶¶ 112, 119, 128, ECF No. 1; see id. ¶¶ 28, 37, 46, 55 (concerning "deployment of DOJ personnel with criminal law enforcement responsibilities"); id. ¶ 67 (concerning "deployment of CBP [U.S. Customs and Border Protection]"); id. ¶ 77 (concerning "deployment of FPS [Federal Protection Service] personnel"); id. ¶ 88 (concerning "deployment of ICE [U.S. Immigration and Customs Enforcement] personnel"); id. ¶ 99 (concerning "deployment of DHS [U.S. Department of Homeland Security] personnel"). Over the last seven months, the defendants have produced no responsive records to these requests.The components of the three agencies are in various stages of searching for responsive documents. As to DHS, the Federal Protection Service ("FPS") has not yet started a search, the U.S. Customs and Border Protection ("CBP") has no timeline for when its search will be completed, while the U.S. Immigration and Customs Enforcement ("ICE") has found no responsive records, and DHS headquarters has "collected approximately 2,000 pages of potentially responsive records, with one search still pending," with its first production of records anticipated by the end of June 2026. Joint Meet and Confer Report at 5. As to DOJ, the DOJ Criminal Division has found no responsive records, the Federal Bureau of Investigation ("FBI") and Office of Information Policy ("OIP") anticipate completion of their searches by July 17, 2026, and the DOJ Civil Rights Division "collected approximately 55 gigabytes of data from an electronic search of current and former employees." Id. at 4. The parties commendably worked together to reduce the review burden on the DOJ Civil Rights Division by narrowing the scope of this search. See id. at 2 n.2. As to DoD, the National Guard Bureau ("NGB") has not yet started a search, the U.S. Northern Command has found no responsive records, and the Department of Defense Office of the Secretary of Defense / Joint Staff has collected "approximately 3,000 potentially responsive records" and "expects to complete its search in August 2026." Id. at 5. As a consequence of no searches yet begun or completed by seven of the components (i.e., FPS, CBP, DHS Headquarters, FBI, OIP, NGB, Sec. of Defense/Joint Staff), defendants represent that they "do not yet have information on the volume of records potentially responsive to Plaintiff's request." Id. at 6. While defendants urge that the processing of the requests at issue not be expedited, id. at 5-6, plaintiff focuses on the "'time-sensitive importance' of the records" and the importance of these records "to the prospect of a free and fair election this November," id. at 3 (quoting Middle East F. v. USDHS, 297 F. Supp. 3d 183, 186-87 (D.D.C. 2018)). Indeed, the time-sensitive nature of the requests and the fact that "the records are sought to inform an imminent public debate," Ctr. for Pub. Integrity v. U.S. Dept of Def., 411 F. Supp. 3d 5, 10 (D.D.C. 2019) (CKK), dictate the resolution of the parties' competing proposals. The 2026 midterm elections "are currently unfolding stories about federal government activity that are now the subject of public debate and discussion, but they will largely conclude early next year." Brennan Ctr. for Justice at NYU Sch. of L. v. Dep't of Com., 498 F. Supp. 3d 87, 98-99 (D.D.C. 2020) (TJK) (ordering expedition of processing of records responsive to FOIA requests regarding the 2020 Census and reapportionment process, explaining, "[t]he D.C. Circuit has instructed that this element [for expedited FOIA processing] requires that (1) 'the request concerns a matter of current exigency to the American public'; (2) 'the consequences of delaying a response would compromise a significant recognized interest'; and (3) 'the request concerns federal government activity.'" (quoting Am. C.L. Union v. U.S. Dep't of Justice, 321 F. Supp. 2d 24, 30 (D.D.C. 2004) (ESH), and citing Al-Fayed v. C.I.A., 254 F.3d 300, 310 (D.C. Cir. 2001))). The Court's equitable powers to expedite processing will thus be relied upon to supplement the commendable work of both sides to see that these FOIA requests are completed ahead of the 2026 midterm elections because "in these circumstances, 'stale information is of little value.'" Ctr. for Pub. Integrity, 411 F. Supp. 3d at 12 (quoting Payne Enters., Inc. v. United States, 837 F.2d 486, 494 (D.C. Cir. 1988) ("The FOIA imposes no limits on courts' equitable powers in enforcing its terms.")).Signed by Judge Beryl A. Howell on May 26, 2026. (lcbah4)

MINUTE ORDER (paperless), upon consideration of the parties' 20 Joint Meet and Confer Report, DIRECTING defendants to complete, by July 1, 2026, any remaining searches for responsive records; DIRECTING defendants to begin processing records potentially responsive to plaintiff's requests at a rate of 500 pages per month for each outstanding request, and to begin producing records to plaintiff each month thereafter on a rolling basis; and FURTHER DIRECTING the parties to file, by July 10, 2026, a joint status report advising the Court of the status of this matter, whether any disputes remain, and if so, proposing a schedule for further proceedings. At issue in this case is defendants' responses to plaintiff's eleven Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, requests to components of three defendants, the U.S. Department of Justice ("DOJ"), U.S. Department of Homeland Security ("DHS"), and U.S. Department of Defense ("DoD"), submitted on October 17, 2025, "seeking records related to the deployment of uniformed military or national guard personnel to polling places, ballot drop boxes, or election offices between the start of early voting and the completion of election certification." Compl. 112, 119, 128, ECF No. 1; see id. 28, 37, 46, 55 (concerning "deployment of DOJ personnel with criminal law enforcement responsibilities"); id. 67 (concerning "deployment of CBP [U.S. Customs and Border Protection]"); id. 77 (concerning "deployment of FPS [Federal Protection Service] personnel"); id. 88 (concerning "deployment of ICE [U.S. Immigration and Customs Enforcement] personnel"); id. 99 (concerning "deployment of DHS [U.S. Department of Homeland Security] personnel"). Over the last seven months, the defendants have produced no responsive records to these requests.The components of the three agencies are in various stages of searching for responsive documents. As to DHS, the Federal Protection Service ("FPS") has not yet started a search, the U.S. Customs and Border Protection ("CBP") has no timeline for when its search will be completed, while the U.S. Immigration and Customs Enforcement ("ICE") has found no responsive records, and DHS headquarters has "collected approximately 2,000 pages of potentially responsive records, with one search still pending," with its first production of records anticipated by the end of June 2026. Joint Meet and Confer Report at 5. As to DOJ, the DOJ Criminal Division has found no responsive records, the Federal Bureau of Investigation ("FBI") and Office of Information Policy ("OIP") anticipate completion of their searches by July 17, 2026, and the DOJ Civil Rights Division "collected approximately 55 gigabytes of data from an electronic search of current and former employees." Id. at 4. The parties commendably worked together to reduce the review burden on the DOJ Civil Rights Division by narrowing the scope of this search. See id. at 2 n.2. As to DoD, the National Guard Bureau ("NGB") has not yet started a search, the U.S. Northern Command has found no responsive records, and the Department of Defense Office of the Secretary of Defense / Joint Staff has collected "approximately 3,000 potentially responsive records" and "expects to complete its search in August 2026." Id. at 5. As a consequence of no searches yet begun or completed by seven of the components (i.e., FPS, CBP, DHS Headquarters, FBI, OIP, NGB, Sec. of Defense/Joint Staff), defendants represent that they "do not yet have information on the volume of records potentially responsive to Plaintiff's request." Id. at 6. While defendants urge that the processing of the requests at issue not be expedited, id. at 5-6, plaintiff focuses on the "'time-sensitive importance' of the records" and the importance of these records "to the prospect of a free and fair election this November," id. at 3 (quoting Middle East F. v. USDHS, 297 F. Supp. 3d 183, 186-87 (D.D.C. 2018)). Indeed, the time-sensitive nature of the requests and the fact that "the records are sought to inform an imminent public debate," Ctr. for Pub. Integrity v. U.S. Dept of Def., 411 F. Supp. 3d 5, 10 (D.D.C. 2019) (CKK), dictate the resolution of the parties' competing proposals. The 2026 midterm elections "are currently unfolding stories about federal government activity that are now the subject of public debate and discussion, but they will largely conclude early next year." Brennan Ctr. for Justice at NYU Sch. of L. v. Dep't of Com., 498 F. Supp. 3d 87, 98-99 (D.D.C. 2020) (TJK) (ordering expedition of processing of records responsive to FOIA requests regarding the 2020 Census and reapportionment process, explaining, "[t]he D.C. Circuit has instructed that this element [for expedited FOIA processing] requires that (1) 'the request concerns a matter of current exigency to the American public'; (2) 'the consequences of delaying a response would compromise a significant recognized interest'; and (3) 'the request concerns federal government activity.'" (quoting Am. C.L. Union v. U.S. Dep't of Justice, 321 F. Supp. 2d 24, 30 (D.D.C. 2004) (ESH), and citing Al-Fayed v. C.I.A., 254 F.3d 300, 310 (D.C. Cir. 2001))). The Court's equitable powers to expedite processing will thus be relied upon to supplement the commendable work of both sides to see that these FOIA requests are completed ahead of the 2026 midterm elections because "in these circumstances, 'stale information is of little value.'" Ctr. for Pub. Integrity, 411 F. Supp. 3d at 12 (quoting Payne Enters., Inc. v. United States, 837 F.2d 486, 494 (D.C. Cir. 1988) ("The FOIA imposes no limits on courts' equitable powers in enforcing its terms.")).Signed by Judge Beryl A. Howell on May 26, 2026. (lcbah4)

.Order

Set/Reset Deadlines: Parties Joint Status Report due by 7/10/2026. (mac)

Set/Reset Deadlines

ANSWER to Complaint (Amended Answer) by US DEPARTMENT OF DEFENSE, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Redline Against Answer Filed on May 6, 2026)(Vaden, Andrew) (Entered: 06/03/2026)

1 Exhibit Redline Against Answer Filed on May 6, 2026

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Joint STATUS REPORT by US DEPARTMENT OF DEFENSE, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE. (Vaden, Andrew) (Entered: 07/10/2026)

.Order

MINUTE ORDER (paperless), upon consideration of the parties' 22 Joint Status Report ("JSR") regarding record requests made eight months ago, pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, to components of the U.S. Department of Justice ("DOJ"), U.S. Department of Homeland Security ("DHS"), and U.S. Department of Defense ("DoD"), "seeking records related to the deployment of uniformed military or national guard personnel to polling places, ballot drop boxes, or election offices between the start of early voting and the completion of election certification," see Compl. ¶ 112, ECF No. 1, to which requests not a single page of responsive materials has yet been produced, with less than four months before the 2026 midterm elections, DIRECTING defendants to immediately begin processing potentially responsive to plaintiff's requests at a rate of at least 1,000 pages per month, including the month of July, and producing records for each outstanding request; and FURTHER DIRECTING the parties to file, by July 24, 2026, and every 14 days thereafter, a joint status report advising the Court of the status of this matter, whether any disputes remain, and if so, proposing a schedule for further proceedings.Despite the unambiguous order that remaining searches be completed by July 1, 2026, two agencies appear to still be in the process of narrowing search terms, with their searches not yet completed. Specifically, two DHS components, Immigration and Custom Enforcement ("ICE") and U.S. Customs and Border Protection ("CBP"), appear to be noncompliant with the Court's order. Specifically, ICE had previously represented that no responsive records were found, JSR at 8, but has now reversed its position only after plaintiff pointed out that "ICE agents have conducted enforcement actions outside active polling places in Texas and California," that "ICE agents also entered an active polling place in New York to confront a poll worker over a months-old Instagram post addressing the killing of Renee Good," and that Secretary of Homeland Security Mullin has testified on "ICE deployments in polling places," id. at 4 & n.2. Now, ICE reports 11,103 potentially responsive pages, id., with additional searches for additional responsive documents by components within ICE still underway, see id. at 8-9. Additionally, CBP initially uncovered "approximately 1.6 million potentially responsive records," but a search with narrower parameters revealed 116,779 such records, see id. at 8, with CBP still "currently reviewing" a new proposal with even narrower parameters. The parties will address the status of these searches in their next joint status report and a full explanation as to the lack of the compliance by ICE and CPB with the Court's order, dated May 26, 2026. Further, to be clear, ICE and CBP shall still process 1,000 pages of potentially responsive material for the month of July 2026 and each month thereafter, and produce non-exempt responsive records during completion of any ongoing searches. Signed by Judge Beryl A. Howell on July 13, 2026. (lcbah4)

Set/Reset Deadlines

Set/Reset Deadlines: Parties Joint Status Report due by 7/24/2026 (mac)

Joint STATUS REPORT by US DEPARTMENT OF DEFENSE, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE. (Vaden, Andrew) (Entered: 07/24/2026)

.Order

MINUTE ORDER (paperless), upon consideration of the parties' 23 Joint Status Report ("JSR"), which indicates that: (1) "Defendants have not produced a single responsive record to the DNC," JSR at 1; (2) five agencies--the DOJ Criminal Division, DOJ Civil Rights Division, National Guard Bureau, U.S. Northern Command, and DHS Federal Protective Service--have found no responsive records, see id. at 4; (3) despite previously reporting no responsive records, the Federal Bureau of Investigation ("FBI") is now in possession of four records uncovered as potentially responsive by the DOJ Civil Rights Division's search, id., but has indicated no time for completion of processing; (4) three component agencies anticipate issuing a response on or before August 1, 2026, including (a) the DOJ Office of Information Policy, which has processed 55 potentially responsive pages, id.; (b) the Department of Defense Office of the Secretary of Defense / Joint Staff, which has identified "approximately 600 potentially responsive records," consisting of an unspecified number of pages, id. at 6; and (c) DHS headquarters, which has identified 2,165 potentially responsive pages, id. at 4; and (5) two component agencies continue to conduct searches, without indicating any time for completion of processing, despite being directed "to complete, by July 1, 2026, any remaining searches for responsive records," Minute Order (May 26, 2026); see also Minute Order (July 13, 2026) ("Despite the unambiguous order that remaining searches be completed by July 1, 2026, two agencies appear to still be in the process of narrowing search terms, with their searches not yet completed."): (a) U.S. Customs and Border Protection ("CBP") has identified 3,833 records comprising approximately 60,000 pages, without finalizing the narrowing of search parameters though conferral with plaintiff, id. at 5; and (b) Immigration and Custom Enforcement ("ICE") has identified 11,108 pages of potentially responsive records, with its first production anticipated by August 7, 2026, though also without the narrowing of search parameters through conferral with plaintiff, id. at 6.DIRECTING the parties to submit, by 6:00 PM, August 7, 2026, a joint status report explaining: a) how many responsive records, and associated pages, DOJ Office of Information Policy, Department of Defense Office of the Secretary of Defense / Joint Staff and DHS headquarters produced on or before August 1, 2026, and ICE produced by August 7, 2026; b) an explanation as to any delay beyond August 7, 2026, in the FBI's processing of 4 records consisting of 6 pages, whether those pages have been produced to plaintiff or should be produced to the Court for in camera review; c) the status of CBP's implementation of plaintiff's technical suggestions, see JSR at 2, and of CBP and ICE's narrowing of search terms; d) whether, to facilitate the narrowing of plaintiff's requests to a manageable number of potential responsive records and avoid further delays in conferral and narrowing of search parameters, decisionmakers from ICE and CBP should be directed to meet weekly with plaintiff; and e) whether, to avoid delays in production, defendants should be directed to produce responsive processed pages in batches, every 10 days.Signed by Judge Beryl A. Howell on July 31, 2026. (lcbah4)

Set/Reset Deadlines: Parties Joint Status Report due no later than 6:00PM on 8/7/2026 (mac)

Set/Reset Deadlines

Joint STATUS REPORT by US DEPARTMENT OF DEFENSE, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE. (Vaden, Andrew) (Entered: 08/07/2026)

.Order

MINUTE ORDER (paperless), upon consideration of the parties' 24 Joint Status Report ("JSR"), which indicates that out of the eleven FOIA requests sent to components of three agencies, the U.S. Department of Justice ("DOJ"), U.S. Department of Homeland Security ("DHS"), and U.S. Department of Defense ("DoD"), on October 17, 2025, concerning records related to the deployment of uniformed military or law-enforcement personnel to polling places, ballot drop boxes, or election offices, seven of those components--the DHS Federal Protective Service, DOJ Criminal Division, DOJ Civil Rights Division, DOJ Office of Information Policy, Federal Bureau of Investigation, National Guard Bureau, and U.S. Northern Command--have completed processing and production of responsive records in the nearly ten months since the FOIA requests were made, with four remaining components--the DoD Office of the Secretary of Defense/Joint Staff, DHS Headquarters, DHS U.S. Customs and Border Protection, and DHS U.S. Immigration and Customs Enforcement, all of which have significant military or law-enforcement personnel--still processing potentially responsive records, DIRECTING the parties to include in their joint status report due by August 21, 2026, an estimated number of pages remaining to be processed by each of the four components still processing responsive records and estimated date for completion of processing and of production; and FURTHER DIRECTING defendants, given the time sensitivity of upcoming elections and the redaction of purportedly FOIA exempt information in produced documents, see JSR at 3, to produce, by September 10, 2026, a partial Vaughn Index as to all documents produced by August 31, 2026. The parties agree that weekly meetings "to facilitate the narrowing of plaintiff's requests to a manageable number of potential responsive records," Minute Order (July 31, 2026), are unnecessary, see JSR at 2, 5. Signed by Judge Beryl A. Howell on August 8, 2026. (lcbah4)

Set/Reset Deadlines

Set/Reset Deadlines: Parties Joint Status Report due by 8/21/2026. Defendants Partial Vaughn Index due by 8/31/2026, (mac)

Joint STATUS REPORT by US DEPARTMENT OF DEFENSE, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE. (Vaden, Andrew) (Entered: 08/21/2026)

MINUTE ORDER (paperless), upon consideration of the parties' 25 Joint Status Report ("JSR"), which indicates that out of the eleven FOIA requests sent to components of three agencies, the U.S. Department of Justice ("DOJ"), U.S. Department of Homeland Security ("DHS"), and U.S. Department of Defense ("DoD"), on October 17, 2025, concerning records related to the deployment of uniformed military or law-enforcement personnel to polling places, ballot drop boxes, or election offices, four components remain processing potentially responsive records: (1) the DoD Office of the Secretary of Defense/Joint Staff completed processing potentially responsive records identified through an initial search but, upon plaintiff notifying DoD that "it is highly likely that DOD possesses but has not produced factual materials, communications, drafts, and final responses," DoD Office of the Secretary of Defense has agreed to complete supplemental searches, JSR at 2; see id. at 3-4; (2) DHS Headquarters expects to complete processing records by August 31, 2026, and the 13 potentially responsive pages sent out for consultation are expected to be completed by August 28, 2026, see id. at 4; (3) DHS U.S. Customs and Border Protection anticipates that processing of the records that the parties agreed to prioritize will be completed by September 30, 2026, see id.; and (4) DHS U.S. Immigration and Customs Enforcement anticipates that "initial processing will be complete by approximately June 2027" as the parties have not been able to narrow or prioritize plaintiff's requests, an unacceptable delay given the proximity of the 2026 midterm elections, id. at 4-5, DIRECTING the Office of the Secretary of Defense/Joint Staff to complete supplemental searches and to begin processing potentially responsive records by August 28, 2026; DIRECTING DHS Headquarters to send, by August 25, 2026, at 5 P.M., a list of custodians to plaintiff in order to facilitate discussions about prioritization of the search; and FURTHER DIRECTING the parties to include in their joint status report due by September 4, 2026, an estimated number of pages remaining to be processed by each of the four components still processing responsive records and estimated date for completion of processing and of production. Signed by Judge Beryl A. Howell on August 22, 2026. (lcbah4)

.Order

Set/Reset Deadlines

Set/Reset Deadlines: Joint Status Report due by 9/4/2026. (zalh)

MOTION to Modify the Court's August 22, 2026 Minute Order by US DEPARTMENT OF DEFENSE, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Vaden, Andrew) (Entered: 08/27/2026)

1 Text of Proposed Order

View on RECAP

Order on Motion to Modify

MINUTE ORDER (paperless) GRANTING defendants' 26 unopposed Motion to Modify the Court's Aug. 22, 2026, Minute Order; and DIRECTING the Office of the Secretary of Defense/Joint Staff to complete supplemental searches and to begin processing potentially responsive records by September 11, 2026. Signed by Judge Beryl A. Howell on August 27, 2026. (lcbah4)

Joint STATUS REPORT by US DEPARTMENT OF DEFENSE, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE. (Vaden, Andrew) (Entered: 09/04/2026)

.Order

MINUTE ORDER (paperless), upon consideration of the parties' 27 Joint Status Report ("JSR"), which indicates that out of the eleven FOIA requests sent to components of three agencies, the U.S. Department of Justice ("DOJ"), U.S. Department of Homeland Security ("DHS"), and U.S. Department of Defense ("DoD"), nearly eleven months ago, on October 17, 2025, concerning records related to the deployment of uniformed military or law-enforcement personnel to polling places, ballot drop boxes, or election offices, four components remain processing potentially responsive records, with only: 1. The DoD Office of the Secretary of Defense/Joint Staff anticipates that processing of the remaining 937 potentially responsive pages will be completed by September 30, 2026, and that the Northern Command expects to complete its search efforts for records related to the Questions for the Record by September 11, 2026, see JSR at 3; 2. DHS Headquarters reports that consultations for 13 potentially responsive pages processed in July 2026, with responses previously expected "from the consulting agencies by August 28, 2026," 25 Joint Status Report at 4, are nonetheless and without any explanation still not received, and further that the 120 pages of remaining potentially responsive records will be processed by September 30, 2026, see JSR at 3; 3. DHS U.S. Customs and Border Protection continues to estimate that its processing of the records that the parties agreed to prioritize will be completed by September 30, 2026, see id. at 4; and 4. DHS U.S. Immigration and Customs Enforcement anticipates that the 110 potentially responsive pages of prioritized records will be processed by September 8, 2026, and that the agency will continue to process the remaining de-prioritized 10,698 potentially responsive pages at a rate of 1,000 pages per month, see id.,DIRECTING DHS Headquarters, by September 11, 2026, to submit declarations from personnel with personal knowledge from DHS and the consulting agencies explaining the reason(s) for delay in processing the 13 potentially responsive pages processed by DHS Headquarters in July 2026, referenced in 2 above, and the nature of any concerns in producing those records to plaintiff, unless those records are produced to plaintiff by that date; and FURTHER DIRECTING the parties to include in their joint status report due by September 18, 2026, an estimated number of pages remaining to be processed by each of the four components still processing responsive records and estimated date for completion of processing and of production. Signed by Judge Beryl A. Howell on September 5, 2026. (lcbah4)

Set/Reset Deadlines: DHS Headquarters Declarations due by 9/11/2026. Parties Joint Status Report due by 9/18/2026 (mac)

Set/Reset Deadlines

Joint STATUS REPORT by US DEPARTMENT OF DEFENSE, US DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE. (Vaden, Andrew) (Entered: 09/18/2026)

.Order

MINUTE ORDER (paperless), upon consideration of the parties 28 Joint Status Report ("JSR"), which indicates that out of the eleven FOIA requests sent to components of three agencies, the U.S. Department of Justice ("DOJ"), U.S. Department of Homeland Security ("DHS"), and U.S. Department of Defense ("DoD"), eleven months ago, on October 17, 2025, concerning records related to the deployment of uniformed military or law-enforcement personnel to polling places, ballot drop boxes, or election offices, four components continue to process potentially responsive records, at a pace that will make difficult production of responsive records possible by the time of the upcoming mid-term elections, such that: 1. The DoD Office of the Secretary of Defense/Joint Staff has 937 potentially responsive pages still to process, with such processing anticipated to be completed by September 30, 2026, see JSR at 3; 2. DHS Headquarters reports that during "the week of September 14, 2026, DHS counsel identified an additional record comprising 12 pages that was processed in July 2026 and flagged as requiring consultation with the Department of Justice," but "[d]ue to an administrative error, DHS did not include that record in its previous status reports" and "has not been able to confirm that a consultation request regarding that record was sent," id. at 4, and furthermore that the 140 pages of remaining potentially responsive records will be processed by September 30, 2026, see id. at 3, the former issue requiring additional deadlines to be set for DHS Headquarters, as set forth below; 3. DHS U.S. Customs and Border Protection continues to estimate that its processing of the records that the parties agreed to prioritize will be completed by September 30, 2026, see id. at 5; and 4. DHS U.S. Immigration and Customs Enforcement ("ICE") released a "second production once again consist[ing] of unannotated press clippings," which are nonresponsive, id. at 2, despite this problem being brought to ICE's attention on August 7, 2026, 24 Joint Status Report at 4 n.1, and even now ICE "reports that approximately 9,698 pages of potentially responsive records remain, of which approximately 7,000 appear based on metadata to be press clippings," JSR at 5, requiring additional deadlines to be set for ICE, as set forth below; DIRECTING DOJ to complete review, by September 24, 2026, of the 12 pages received by DHS on September 16, 2026, for consultation by DHS, and DHS to produce, by September 25, 2026, any non-exempt information in that record to plaintiff, with clear explanations for any withholdings; DIRECTING ICE to complete, by October 2, 2026, processing of all remaining approximately 9,698 pages of potentially responsive records that do not appear to be, based on metadate review, unannotated press clippings, unless the parties come to an alternative agreement on narrowing and expediting processing of potentially responsive documents by ICE; DIRECTING the parties to include in their joint status report due by October 2, 2026, an estimated number of pages remaining to be processed by each of the four components still processing responsive records and estimated date for completion of processing and of production; and FURTHER DIRECTING defendants to supplement, by October 10, 2026, the existing partial Vaughn Index as to documents processed between August 31, 2026, and October 2, 2026. Signed by Judge Beryl A. Howell on September 21, 2026. (lcbah4)

Set/Reset Deadlines: Parties Joint Status Report due by 10/2/2026. Defendants Supplement To Existing Partial Vaughn Index due by 10/10/2026, (mac)