Democracy Forward Found. V. White House Office of Am. Innovation, No. 18-349, 2019 WL 147447 (D.D.C. Jan. 9, 2019) (Kollar-Kotelly, J.)
Re: Request for records concerning OAI's authority to launch initiatives on issues related to water systems and more
Disposition: Granting defendant's motion to dismiss
- Procedural Requirements, Entities Subject to the FOIA: "The Court concludes that Plaintiffs' Complaint fails to state a claim because, as an entity within the White House Office which does not exercise substantial authority independent of the President, the OAI is not an agency subject to the requirements of FOIA." The court explains that "[t]he overwhelming and exclusive presence of White House staff on the OAI casts doubt on the entity's independence from the President." The court also notes that "the only mission of the OAI is to advise the President." The court also finds that "OAI has little in common with the three entities within the EOP that the D.C. Circuit has previously held to be agencies for purposes of FOIA and analogous statutes."
- Litigation Considerations, Discovery: "Because the Court has determined that Plaintiffs' Complaint fails to state a claim on which relief can be granted, the Court also concludes that Plaintiffs' request for jurisdictional discovery is not appropriate."