Case 1:24-cv-01604 Document 1 Filed 05/31/24 Page 1 of 7

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

CENTER TO ADVANCE SECURITY )

IN AMERICA )
1802 Vernon Street NW )
PMB 2095 )
Washington, D.C. 20009, )
)
Plaintiff, )
)
v. ) Civil Case No. 1:24-cv-01604
)
U.S. AIR FORCE )
1670 Air Force Pentagon )
Washington, D.C. 20330-1000 )
)
Defendant. )
_________________________________________ )

COMPLAINT

1. Plaintiff Center to Advance Security in America (“CASA”) brings this action against the

U.S. Air Force (“USAF”) under the Freedom of Information Act, 5 U.S.C. § 552 (“FOIA”),

seeking declaratory and injunctive relief to compel compliance with the requirements of

FOIA.

JURISDICTION AND VENUE

2. This Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B) and 28

U.S.C. §§ 1331.

3. Venue is proper in this Court pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1391(e).

PARTIES

4. Plaintiff CASA is an unincorporated association dedicated to improving the safety and

security of the American people. CASA educates and informs the American people about

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the actions of their government and its officials that impact their safety; peace and security;

democracy, civil rights, and civil liberties; and privacy.

5. Defendant USAF is a federal agency within the meaning of FOIA, 5 U.S.C. § 552(f)(1).

USAF has possession, custody, and control of records responsive to Plaintiff’s FOIA

request.

STATEMENT OF FACTS

6. On August 23, 2023, CASA submitted a FOIA request (attached as Exhibit A) seeking the

following records related to USAF’s Transgender Health Medical Evaluation Unit

(“THEMU”):

1. All meeting requests, calendar entries, virtual meeting invitations, call

logs and any chats in the relevant virtual platforms (e.g., Microsoft
Teams, Zoom, Webex, etc.) pertaining to the creation, implementation,
and any discussion whatsoever of the Transgender Health medical
Evaluation Unit, or THEMU.

2. We are seeking records on the directive to open the THEMU facility, its
operations and procedures, and the exchanged communications between
and among the relevant following officials:
a. Lt. Col. (Dr.) Joshua Smalley
b. Chari’ McMahon
c. Maj. Gen. Leah Lauderback
d. Frank Kendall, Secretary of the Air Force
e. Kristyn E. Jones, Under Secretary
f. Lt. Gen. Robert I. Miller, Surgeon General
g. Mg. John J. Degoes, Deputy Surgeon General
h. Mg. Jeannie M. Leavitt, Chief of Safety

3. We are seeking all emails, text messages, chat sessions, or other forms
of written or electronic communication used to discuss the development
of the 59th Medical Wing’s “THEMU” and communications by and
between those in #2 above containing the following phrases and/or
words: “directive,” “open,” “facility,” “transgender,” “reconstructive
surgery,” “gender dysphoria,” “profiling,” “cross-sex hormone
therapy,” “surgical consultations,” “transition,” “male,” “female,”
“gender assigned at birth,” “nonbinary,” “mental health,” “gender
fluid”, “LGBTQ”, “LGBTQIA+”, “ally”, “cisgender”, or any related
terms or phrases.

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4. All records exchanged by or between any official listed above with any
individual working for one of the following media outlets (with
suggested email addresses) on the topic of development of “THEMU.”
a. Politico (@politico.com)
b. Military Times (@militarytimes)
c. New York Times (@nytimes.com)
d. Washington Post (@washingtonpost.com)
e. NBC News (@nbcnews.com)
f. ABC News (@abcnews.com)
g. LA Times (@latimes.com)
h. CBS News (@cbsnews.com)
i. Fox News (@foxnews.com)
j. Wall Street Journal (@wsj.com)
k. USA Today (@usatoday.com)
l. Fortune (@fortune.com)
m. Forbes (@forbes.com)
n. Vanity Fair (@vanityfair.com)
o. CNN (@cnn.com)
p. Associated Press (@ap.com)
q. George Washington University’s Project for Media and National
Security
r. PBS (@pbs.org)

5. All communications exchanged between any of the above officials

identified as an employee, agent, consultant, or representative of one of
the following organizations:
a. World Professional Association for Transgender Health
([email protected])
b. Human Rights’ Council Foundation ([email protected])
c. Transgender Legal Defense and Education Fund
([email protected])
d. Health Professionals Advancing LGBT+ Equality
([email protected])
e. National Center for Transgender Equality ([email protected])
f. American Medical Association
g. Pan American Health Organization ([email protected])
h. Johns Hopkins Medicine Center for Transgender and Gender
Expansive Health
i. National LGBTQIA+ Health Education Center
([email protected])
j. Point of Pride ([email protected])
k. Equality Federation ([email protected])
l. Doctors for Change ([email protected])
m. Parents, Families, and Friends of Lesbians and Gays
([email protected])
n. The Trevor Project

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6. The timeline for the records requested is from January 20, 2021, to the
date the search begins.

7. The release of these documents is in the public interest because it will help the public

understand whether and how the U.S. government is prioritizing military readiness and is

appropriately using taxpayer resources to keep Americans safe. CASA’s explicit purpose

in requesting these documents is to inform the public so they can be engaged with their

leaders and ensure their decisions are consistent with America’s best interests.

8. On August 23, 2023, USAF confirmed receipt of CASA’s request and assigned it Case

Number 2023-05809-F.

9. USAF sent another email on the same day stating that the status of the request had been

updated to “Received.”

10. On August 29, 2023, USF sent CASA an acknowledgement email. The email stated that

USAF was unable to process CASA’s request within the timeline required by FOIA

because of its FOIA request backlog:

Based on our initial review, we believe we cannot process your request

within the statutory 20 workdays because our organization has a significant
number of pending FOIA requests. To ensure all requesters are properly
served in the order their requests were received, we have instituted
multitrack processing of requests. Based on the information you provided,
we have placed your request in the complex track.

The Freedom of Information Act (FOIA) provides for the collection of fees
based on the costs of processing a FOIA request and your fee category.
Based upon the information provided in your request, we have placed you
in the "other" category.

11. UAF did not provide a time estimate for when it would respond to CASA’s request, instead

stating only that it would “strive to provide an update between 90 and 120 days.”

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12. USAF’s email also deferred granting CASA’s fee waiver request “until the review of

responsive records is complete.”

13. After this acknowledgement email, CASA received no further communications from

USAF regarding the request.

14. Notwithstanding the agency’s representation that it would “strive to provide an update

between 90 and 120 days,” over 120 days have passed with no update.

15. Indeed, to date CASA has received neither a further response nor any other communication

from USAF regarding the request.

16. As the record described above indicates, over 280 days have elapsed since USAF received

CASA’s request. Yet USAF still has not determined whether it will comply with CASA’s

request. See Citizens for Responsibility and Ethics in Washington v. FEC, 711 F.3d 180

(D.C. Cir. 2013). USAF has not produced responsive documents to CASA, has not

communicated to CASA the scope of the documents it intends to produce or withhold—

along with the reasons for any such withholding—and has not informed CASA of its ability

to appeal any adverse portion of its determination.

17. Given these facts, it appears that USAF has not met its statutory obligations to provide the

requested records, nor intends to meet them absent litigation.

18. Through USAF’s failure to make a determination within the time period required by law,

CASA has constructively exhausted its administrative remedies and seeks immediate

judicial review.

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COUNT I
Violation of FOIA, 5 U.S.C. § 552
Wrongful Withholding of Non-Exempt Responsive Records

19. CASA repeats and incorporates by reference each of the foregoing paragraphs as if fully

set forth herein.

20. CASA properly submitted a request for records within the possession, custody, and control

of USAF.

21. USAF is an agency subject to FOIA, and therefore has an obligation to release any non-

exempt records and provide a lawful reason for withholding any materials in response to a

proper FOIA request.

22. USAF is wrongfully withholding non-exempt agency records requested by CASA by

failing to produce non-exempt records responsive to its request.

23. USAF’s failure to provide all non-exempt responsive records violates FOIA.

24. Plaintiff CASA is therefore entitled to declaratory and injunctive relief requiring Defendant

to promptly produce all non-exempt records responsive to its FOIA request and provide an

index justifying the withholding of any responsive records withheld under claim of

exemption.

REQUESTED RELIEF

Center to Advance Security in America respectfully requests this Court:

(1) Assume jurisdiction in this matter and maintain jurisdiction until Defendant complies

with the requirements of FOIA and any and all orders of this Court.

(2) Order Defendant to produce, within ten days of the Court’s order, or by other such date

as the Court deems appropriate, any and all non-exempt records responsive to CASA’s

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FOIA request and an index justifying the withholding of all or part of any responsive

records withheld under claim of exemption.

(3) Award CASA the costs of this proceeding, including reasonable attorney’s fees and

other litigation costs reasonably incurred in this action, pursuant to 5 U.S.C. §

552(a)(4)(E).

(4) Grant CASA other such relief as the Court deems just and proper.

Dated: May 31, 2024 Respectfully submitted,

CENTER TO ADVANCE SECURITY

IN AMERICA
By Counsel:

/s/Gary M. Lawkowski
Gary M. Lawkowski
D.D.C. Bar ID: VA125
DHILLON LAW GROUP, INC.
2121 Eisenhower Avenue, Suite 608
Alexandria, Virginia 22314
Telephone: 703-574-1654
[email protected]

Jacob William Roth

D.D.C. Bar ID: 1673038
DHILLON LAW GROUP, INC.
1601 Forum Plaza, Suite 403
West Palm Beach, Florida 33401
Telephone: 561-227-4959
[email protected]

Counsel for the Plaintiff