ACLU v. Department of Defense
What's at Stake
The ACLU and ACLU of Montana filed a lawsuit on September 4, 2018 asking a federal court to order several federal government agencies to turn over all records concerning their plans to surveil and police anticipated Keystone XL pipeline protests.
Summary
The lawsuit was filed in the District of Montana under the Freedom of Information Act (FOIA), and came after the government repeatedly refused to comply with a request for documents filed on January 23, 2018.
We requested records describing, among other items, law enforcement funding for and staffing around oil pipeline protests and any coordination or communication between federal employees or law enforcement and private security companies related to the protests.
As we argued in court, the First Amendment protects political speech from the threat of undue government scrutiny. If the government is planning to prevent or monitor indigenous and environmental protests, we need to know about it.
Prompted by our suit, government agencies disclose thousands of pages of documents during the course of the litigation. The documents revealed, among other items, government plans to preemptively close access to federal lands and prevent protests from taking place near the pipeline “by any means.” Eventually, the court found that agencies had improperly withheld documents, improperly redacted documents, and inadequately searched for the records we sought.
Despite this, it is clear that the government is still attempting to hide its plans for potential protests against the pipeline. The FBI continues to refuse to turn over its documents, arguing that it can’t even acknowledge whether such planning documents exist (though we know from other agencies’ disclosures that FBI records definitely do exist).
We will remain vigilant in pushing for transparency, following up on what we’ve learned, and defending everyone’s right to protest.
Legal Documents
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09/04/2018
Complaint - ACLU v. DOD -
09/04/2018
Exhibit A -
09/04/2018
Exhibit B -
09/04/2018
Exhibit C -
09/04/2018
Exhibit D -
09/04/2018
Exhibit E -
10/31/2018
Answer to Complaint -
01/10/2019
Plaintiffs' Preliminary Pretrial Statement -
04/12/2019
Amended Declaration of Michelle Bartlett -
04/12/2019
Army Corps of Engineers' First Amended and Supplemental Vaughn Index -
04/12/2019
Declaration of Sally Sheeks -
04/12/2019
Bureau of Land Management's Vaughn Index -
04/12/2019
Declaration of David M. Hardy -
04/12/2019
Exhibit A to David Hardy Declaration - ACLU Request to FBI -
04/12/2019
Exhibit B to David Hardy Declaration - FBI Acknowledgement of Receipt -
04/12/2019
Exhibit C to David Hardy Declaration - FBI Unusual Circumstances Letter -
04/12/2019
Exhibit D to David Hardy Declaration - FBI Denial of Expedited Processing Request -
04/12/2019
Exhibit E to David Hardy Declaration - FBI Glomar Response -
04/12/2019
Declaration of Gregory Bridges -
04/12/2019
Exhibit A to Gregory Bridges Declaration - ACLU FOIA Request -
04/12/2019
Exhibit B to Gregory Bridges Declaration - FEMA No Responsive Records Final Response -
04/12/2019
Exhibit C to Gregory Bridges Declaration - FEMA Denial of Appeal -
04/12/2019
Exhibit D to Gregory Bridges Declaration - FEMA Search Details -
04/12/2019
Exhibit E to Gregory Bridges Declaration - FEMA Vaughn Index -
04/12/2019
Declaration of Teri Miller -
04/19/2019
Joint Record Index -
04/19/2019
Disclosed Records - FBI 1-18 -
04/19/2019
Disclosed Records - Army Corps of Engineers 1-68 -
04/19/2019
Disclosed Records - Bureau of Land Management 1-167 -
04/19/2019
Disclosed Records - TSA 1-24 -
04/19/2019
Disclosed Records - FEMA 1-253 -
04/19/2019
Disclosed Records - FEMA 254-506 -
04/19/2019
Disclosed Records - Office of Legal Counsel 1-20 -
04/19/2019
Disclosed Records - Office of Intelligence & Analysis 1-286 -
04/26/2019
Second Supplemental Declaration of Michelle Bartlett -
04/26/2019
Declaration of Paul P. Colborn -
04/26/2019
Exhibit A to Paul P. Colborn Declaration - FOIA Request -
04/26/2019
Exhibit B to Paul P. Colborn Declaration - FOIA Response -
04/26/2019
Exhibit C to Paul P. Colborn Declaration - FOIA Response 2 -
05/01/2019
Defendants' Brief in Support of Motion for Summary Judgment -
05/22/2019
Plaintiffs' Combined Brief in Support of Plaintiffs' Motion for Partial Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment -
06/12/2019
Second Supplemental Joint Record -
06/12/2019
Declaration of Keiosha Alexander -
06/12/2019
Bureau of Land Management's First Supplemental Vaughn Index -
06/12/2019
Defendants' Statement of Disputed Facts -
06/12/2019
Defendants' Combined Response and Reply Brief in Support of Motion for Summary Judgment -
06/12/2019
Exhibit 1 to Defendants' Combined Response and Reply Brief in Support of Motion for Summary Judgment - Meeting Agenda -
06/12/2019
Disclosed Records - Bureau of Land Management 168-169 -
06/26/2019
Plaintiffs' Reply in Support of Plaintiffs' Cross-Motion for Partial Summary Judgment -
08/21/2019
Motion for Summary Judgment Opinion and Order -
08/21/2019
Clerk's Judgment -
08/21/2019
Disclosed Records - Army Corps of Engineers 69-131 -
08/28/2019
Disclosed Records - Bureau of Land Management 623-780 -
08/28/2019
Disclosed Records - Bureau of Land Management 781-938 -
08/28/2019
Disclosed Records - Bureau of Land Management 939-1096 -
10/23/2019
United States' Notice of Compliance
Date Filed: 09/04/2018
Court: District Court (D. Mont.)
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Court: District Court (D. Mont.)
Date Filed: 10/23/2019
Court: District Court (D. Mont.)