The Center to Advance Security in America (CASA) has filed a lawsuit against the U.S. Department of Defense (DOD), alleging the agency violated the Freedom of Information Act (FOIA) by failing to provide requested records within the legally mandated timeframe.
The suit, filed in the U.S. District Court for the District of Columbia on Wednesday, December 18, 2024, seeks to compel the DOD to produce documents related to diversity initiatives, race-related discussions, and the nomination of a senior military official.
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CASA, a non-profit organization focused on national security, submitted a FOIA request to the DOD on August 18, 2024. The request sought records created from January 1, 2024, containing specific terms such as “diversity,” “equity,” “inclusion,” and references to Gen. Ronald P. Clark’s nomination to lead U.S. Army Pacific. It also requested calendar entries, communications with media organizations, and meeting records involving high-ranking DOD officials.
CASA argues that these records are essential to understanding the decision-making processes and policies within the Department of Defense, particularly those related to national security and diversity initiatives.
The lawsuit claims that despite acknowledging receipt of the FOIA request and assigning a tracking number (#24-F-2493), the DOD has failed to take any further action. More than 117 days have passed since the request was submitted, exceeding the statutory deadline for agency responses. CASA asserts that the DOD has neither provided the requested records nor communicated the scope of documents it plans to release or withhold.
“The Department of Defense’s inaction obstructs the public’s right to transparency on critical matters of national interest,” CASA stated in the complaint. “This delay undermines public trust in government accountability.”
CASA is seeking a court order compelling the DOD to:
- Produce all non-exempt records responsive to its FOIA request within 10 days.
- Provide an index justifying any records withheld under claims of exemption.
- Cover legal fees and litigation costs incurred by CASA.
CASA also requested the court maintain jurisdiction over the matter until the DOD complies with all FOIA requirements.
CASA emphasized that the release of these documents is in the public interest, aiming to shed light on how the DOD handles significant issues such as military leadership appointments, diversity policies, and national security. The lawsuit comes amidst growing scrutiny over government transparency and accountability.
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“This case highlights the critical need for transparency in government operations, especially regarding issues that directly impact national security and public trust,” said Jacob William Roth, CASA’s legal counsel. “We expect the Department of Defense to fulfill its legal obligation to provide timely access to these records.”
The court will review CASA’s complaint and determine whether to mandate immediate compliance from the DOD. If successful, the lawsuit could set a precedent for enforcing timely responses to FOIA requests, particularly on matters of national importance.
The DOD has not yet commented on the lawsuit.
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