FOIA Advisor

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Court opinions issued Jan. 8, 2025

Wade v. Dep’t of Def. (D.D.C.) — dismissing pro se lawsuit, ostensibly brought under FOIA, for failing to “indicat[e] in the complaint or otherwise that [the plaintiff] had submitted FOIA requests to the relevant agency seeking the documents at issue.”

Gelb v. Dep’t of Def. (D.D.C.) — among other things, granting the government’s motion for summary judgment and ruling that (1) the requester could not bring FOIA claims against the Secretary of Defense and DOD’s Chief FOIA Officer in their individual capacities, and, more notably, (2) that the Defense Finance and Accounting Service was not obliged to “create a computer program that obtains and synthesizes information from multiple databases to create a record that does not otherwise exist,” namely, a “report of all stale-dated checks and EFT payments worth $100,000 or more, issued between 2017 and 2020, that remain uncashed,” as that would entail record creation, “which the FOIA does not require.”

Summaries of all published opinions issued in 2025 are available here. Earlier opinions are available for 2024 and from 2015 to 2023.