UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA THE PROTECT DEMOCRACY PROJECT, INC., Plaintiff, v. Civ. Action No. 20-2810 (EGS) UNITED STATES DEPARTMENT OF JUSTICE, Defendant. MEMORANDUM OPINION Plaintiff The Protect Democracy Project (“Protect Democracy”)—a nonpartisan non-profit organization that “seeks to inform the public’s understanding of government operations and activities, including the conduct of elections” by “gathering and disseminating information that is likely to contribute significantly to the public’s understanding of executive branch operations and activities”—brings this lawsuit against Defendant United States Department of Justice (“DOJ”). See Compl., ECF No. 1 ¶ 10. 1 Protect Democracy alleges that DOJ has failed to comply with its duties under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. See id. ¶¶ 45-47. Protect Democracy seeks a 1 When citing electronic filings throughout this Opinion, the Court cites to the ECF page number, not the page number of the filed document. preliminary injunction ordering DOJ to “process Plaintiff’s FOIA request on an expedited basis” and to “produce, by a date certain set by this Court, all non-exempt records responsive to Protect Democracy’s FOIA request for ‘[a]ny and all communications with individuals in the United States Postal Inspection Service regarding participation in any DOJ voting or voting fraud task force,’ or, if no such records exist, an acknowledgment to that effect.” See Pl.’s Mot. Prelim. Inj., ECF No. 16 at 1. 2 Upon consideration of the Plaintiff’s motion, the response, the reply thereto, the applicable law, and the entire record, the Court GRANTS IN PART and DENIES IN PART Plaintiff’s motion. I. Background A. Statutory and Regulatory Framework FOIA provides a “statutory right of public access to documents and records” held by federal government agencies. Pratt v. Webster, 673 F.2d 408, 413 (D.C. Cir. 1982). Pursuant to FOIA, agencies are directed to determine within 20 business 2 Protect Democracy also requests oral argument on its motion for preliminary injunction. See Pl.’s Mot. Prelim. Inj., ECF No. 16 at 2. Because the Court is ruling on the motion within 21 days of its filing, the Court deems oral argument unnecessary. See L. Civ. R. 65.1(d) (“On request of the moving party together with a statement of the facts which make expedition essential, a hearing on an application for preliminary injunction shall be set by the Court no later than 21 days after its filing, unless the Court earlier decides the motion on the papers . . . .”). 2 days whether to comply with requests it receives and to notify immediately the person making the request of such determination and of the reasons for the determination. 5 U.S.C. § 552(a)(6)(A)(i); see also Citizens for Responsibility & Ethics in Wash. v. Fed. Election Comm’n, 711 F.3d 180, 188 (D.C. Cir. 2013) (“CREW”) (noting that a government agency must respond to a FOIA request within twenty business days and “at least: (i) gather and review the documents; (ii) determine and communicate the scope of the documents it intends to produce and withhold, and the reasons ...
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