Reported / Citable
Background
Andrew Delaney sued the FBI, the Justice Department’s Criminal Division, the SEC, the CIA, and the State Department under the Freedom of Information Act. He alleged that the agencies failed to timely determine or produce records in response to 11 requests concerning, among other things, Toyota’s FCPA investigation, Goldman Sachs and 1MDB, WilmerHale, James Harrison Wilson Thompson, Afghan Wireless Communications Company, and other subjects.
Delaney moved for summary judgment and sought an order requiring searches and production of nonexempt records. The DOJ, SEC, State Department, and CIA cross-moved for summary judgment; the FBI opposed but did not cross-move. Delaney also moved to strike the agencies’ supporting declarations.
The Court’s Holding
The court denied Delaney’s summary-judgment motion and motion to strike. It granted summary judgment to the DOJ, State Department, and CIA, and granted the SEC’s motion except as to one request. The court held that Delaney had not exhausted administrative remedies for most claims because he did not submit a valid request, did not respond to a request for clarification, did not properly appeal an adverse determination, or did not establish that the agency received the alleged request.
The court dismissed without prejudice the claims against DOJ, State, and CIA, as well as most SEC claims. It denied summary judgment to both sides on Delaney’s third SEC request because the record lacked evidence about the request’s subject matter and processing. Delaney’s FBI claim also remained pending because the FBI had not sought summary judgment, although the court concluded his request did not reasonably describe the records sought.
Key Takeaways
- A FOIA requester must submit a request that reasonably identifies the records sought before an agency’s processing obligation is triggered.
- A requester generally must use the agency’s prescribed administrative appeal process after an adverse determination.
- An agency’s late response may permit suit initially, but a timeliness claim becomes moot once the agency responds.
Why It Matters
The opinion underscores that FOIA litigation in the Fifth Circuit requires proof of administrative exhaustion. Broad requests for all records “regarding” or “related to” a subject may fail if they do not allow agency personnel to locate responsive records with reasonable effort.
It also illustrates that procedural defects can resolve FOIA claims without reaching exemptions, search adequacy, or production obligations.