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

View on RECAP

2 Exhibit DOJ-CRT FOIA Letter

View on PACER

3 Exhibit DOJ-CRM FOIA Letter

View on PACER

4 Exhibit DOJ-OIP FOIA Letter

View on PACER

5 Exhibit DHS-CBP FOIA Letter

View on PACER

6 Exhibit DHS-FPS FOIA Letter

View on PACER

7 Exhibit DHS-ICE FOIA Letter

View on PACER

8 Exhibit DHS-HQ FOIA Letter

View on PACER

9 Exhibit DOD-NGB FOIA Letter

View on PACER

10 Exhibit DOD-NORTHCOMM FOIA Letter

View on PACER

11 Exhibit DOD-OSD FOIA Letter

View on PACER

12 Civil Cover Sheet

View on PACER

13 Summons

View on PACER

14 Summons

View on PACER

15 Summons

View on PACER

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

View on PACER

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

View on PACER

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

View on PACER

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