Update

The United States Court of Appeals for the Second Circuit has affirmed the district court’s decision in granting the Defendant’s motion to dismiss.

Latest Update

The final decision of the Court is in affirmation of the defendant’s motion to dismiss the case and denial of plaintiff’s request to amend their complaint.

Citizens for Responsibility and Ethics in Washington (CREW), the National Security Archive and the Knight First Amendment Institute at Columbia University sued the Department of Homeland Security (DHS) under the Freedom of Information Act (FOIA) on April 10, 2017 for failing to disclose records of visits to the White House and to President Trump at his Mar-a-Lago and Trump Tower residences. The Secret Service, which is part of DHS, maintains White House visitor logs, but has refused to turn them over in response to FOIA requests.

Following four lawsuits by CREW, then-President Obama announced in September 2009 that the White House would post the visitor logs online every month, on a 90 to 120-day delay, with limited exceptions. The logs contain the names of each White House visitor, the dates of their visits, and who requested they be cleared for entry. The Trump administration however has deviated from the precedent of the Obama administration and instead refused to release visitor log records.

Visitor logs provide meaningful insight into who the president and staff are consulting with on policy matters. Furthermore, these records have proven to be of tremendous value to the public in revealing key information about the potential influences that may shape a president’s decisions and legislative proposals on critical issues. Given the extensive issues with conflicts of interest, outside influence, and potential ethics violations seen in Trump White House, transparency about who the president meets with and, in some cases, seeks advice from is important now more than ever.

CREW, the National Security Archive and Knight First Amendment Institute requested two sets of records: the same records released by the Obama White House, and also for the private properties in Florida and New York in which the president has repeatedly conducted official business. Because the Secret Service has failed to respond to requests for records, the three organizations were left with no remedy under the FOIA statute except to sue.

On July 26, 2018 the district court granted the Defendant’s motion to dismiss. It also granted DHS’ motion for summary judgement in part and dismissed it in part. In September of 2018, Plaintiff’s appealed the court’s decision. Read the appellate brief here.

Lawsuit Documents

  • Complaint
    April 10, 2017
    Read here
  • Amended Complaint
    September 15, 2017
    Read here
  • Plaintiffs' Motion For An Order To Show Cause
    Sept. 20, 2017
    Read here
  • Memorandum In Support of Plaintiff's Motion
    Memorandum In Support of Plaintiff's Motion For An Order To Show Cause - Sept. 20, 2017
    Read here
  • Declaration of Anne L. Weismann
    September 20, 2017
    Read here
  • Exhibit A
    September 20, 2017
    Read here
  • Exhibit B
    September 20, 2017
    Read here
  • Exhibit C
    September 20, 2017
    Read here
  • Exhibit D
    September 20, 2017
    Read here
  • Exhibit E
    September 20, 2017
    Read here
  • Exhibit F
    September 20, 2017
    Read here
  • DHS Memorandum in Opposition to Show Cause Motion
    Oct. 4, 2017
    Read here
  • Declaration by Secret Service FOIA Officer
    Oct. 4, 2017
    Read here
  • Reply ISO Plaintiffs; Motion To Show Cause
    Reply In Support Of Plaintiffs; Motion For An Order To Show Cause - Oct. 11, 2017
    Read here
  • Second Declaration Of Anne L. Weismann
    October 11, 2017
    Read here
  • Exhibit A
    October 11, 2017
    Read here
  • Exhibit B
    October 11, 2017
    Read here
  • Order
    October 11, 2017
    Read here
  • Second Declaration by Secret Service FOIA Officer
    October 23, 2017
    Read here
  • Declaration Of James M. Murray
    October 23, 2017
    Read here
  • Declaration Of William Willson
    October 23, 2017
    Read here
  • Declaration Of Philip C. Droege
    October 23, 2017
    Read here
  • Declaration Of Charles Christopher Herndon
    October 23, 2017
    Read here
  • Memorandum In Support Of Defendants' Motion
    Memorandum In Support Of Defendants' Motion For Summary Judgement/ Dismissal Of Plaintiffs' Remaining Claims - Oct. 23, 2017
    Read here
  • Plaintiffs' Opposition To Defendant's Motion
    Plaintiffs' Opposition To Defendant's Motion For Summary Judgement And Dismissal - Dec. 4, 2017
    Read here
  • Third Declaration Of Anne L. Weismann
    December 4, 2017
    Read here
  • Exhibit A
    December 4, 2017
    Read here
  • Exhibit B
    December 4, 2017
    Read here
  • Order Regarding Oral Argument
    December 4, 2017
    Read here
  • Government's Reply Brief
    January 12, 2018
    Read here
  • Letter to Judge Failla
    Letter to Judge Failla from US Attorney for the S.D.N.Y. and Acting Assistant Attorney General - Jan. 18, 2018
    Read here
  • CREW's letter to Judge Failla
    February 20, 2018
    Read here
  • Defendant's Letter to Failla
    February 28, 2018
    Read here
  • CREW's Second Letter to Judge Failla
    March 2, 2018
    Read here
  • Opinion and Order
    July 26, 2018
    Read here
  • Letter to Judge Falia
    September 21, 2018
    Read here
  • Civil Judgement
    September 21, 2018
    Read here
  • Notice of Appeal
    September 24, 2018
    Read here
  • Brief of Appellants
    January 7, 2019
    Read here
  • Joint Appendix
    Janaury 7, 2019
    Read here
  • Appellee's Brief
    May 1, 2019
    Read here
  • Reply Brief of Appellants
    May 15, 2019
    Read here
  • Second Circuit Opinion
    May 16, 2020
    Read here
  • Final Court Opinion
    July 9, 2020
    Read here

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