FOIA Action Filed Against Department of Defense Concerning Requests for Agency Policies and Records

Documenting Requests for Agency Records and Related Proceedings Under the Freedom of Information Act (FOIA)

Published: April 15, 2026

A civil action has been filed in the United States District Court for the Southern District of Florida under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, against the United States Department of Defense. The action was filed by Biazzo Law, PLLC. The action seeks judicial relief to obtain determinations and records required to be produced under FOIA.

The filed complaint is made available below for public reference to allow independent review of the allegations and legal claims asserted.

Nature of the Action

According to the complaint, the action seeks to enforce statutory requirements governing agency responses to requests for public records, including requirements to make timely determinations, conduct adequate searches, and produce non-exempt agency records.

As described in the complaint, FOIA reflects a general policy of disclosure and requires federal agencies to provide determinations and responsive records within specified timeframes.

Requests for Agency Policies and Legal Interpretations

According to the complaint, multiple FOIA requests were submitted seeking final agency policies, legal interpretations, and materials reflecting the “working law” of the agency.

As described in the complaint, the requests concern categories of records relating to:

• War Powers Resolution reporting policies

• Legal standards concerning “imminent threat”

• Executive use-of-force authority

The complaint states that these requests were limited to final agency materials and did not seek draft or deliberative documents.

Allegations Regarding FOIA Compliance

According to the complaint, the Department of Defense:

• Did not make determinations within the twenty working days required by FOIA

• Issued interim responses that did not constitute determinations under the statute

• Placed the requests into a “complex” processing queue

• Reported the existence of a backlog of FOIA requests

• Indicated that processing could extend several months beyond receipt of the requests

As described in the complaint, the Department indicated that completion of processing may not occur until September 1, 2026.

The complaint characterizes these circumstances as constituting constructive denial and unlawful withholding under FOIA.

Fee Waiver Determinations

According to the complaint, fee waivers were requested on the basis of public interest and non-commercial use.

As described in the filing, the Department of Defense deferred making determinations on those fee waiver requests until completion of processing. The complaint alleges that this approach is inconsistent with FOIA’s requirements.

Allegations of Repeated Practices

The complaint further alleges that the Department engages in repeated or ongoing practices relating to the handling of FOIA requests, including:

• Failing to make timely determinations

• Assigning requests to extended or indefinite processing queues

• Delaying production beyond statutory timeframes

According to the complaint, these practices are reflected in the agency’s responses and processing of the requests at issue.

Relief Requested

According to the complaint, the action seeks declaratory and injunctive relief, including orders requiring the Department of Defense to:

• Conduct searches reasonably calculated to identify responsive records

• Produce non-exempt records

• Provide indices describing any withheld materials

• Make determinations regarding fee waivers

• Comply with FOIA’s statutory requirements

The complaint also seeks attorneys’ fees and costs as provided by statute.

Public Access and Legal Framework

As described in the complaint, the requested records concern agency policies and legal interpretations relating to the exercise of federal authority.

Access to such materials contributes to public understanding of:

• How agencies interpret and apply statutory and constitutional standards

• The policies governing the exercise of executive authority

• The legal frameworks guiding agency decision-making

Case Status

The matter is pending in the United States District Court for the Southern District of Florida.

The filed Complaint is made available for public reference to allow independent review of the allegations and legal claims asserted. The inclusion of the complaint is intended to provide access to the underlying court filing.

Filed Complaint:

Filed Complaint.pdf

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