Group sues Coast Guard over FOIA about Caribbean boat strike

A Missouri-based nonprofit organization has filed suit in federal court against the United States Coast Guard, alleging the agency violated federal law by failing to respond to a Freedom of Information Act request seeking records related to a September military strike on a vessel in Caribbean waters.

In a complaint filed Dec. 16 in the U.S. District Court for the Eastern District of Missouri, Citizens Against Donald Trump, doing business as Citizens Against Donald Trump for Democracy, is asking for a court order compelling the Coast Guard to release documents it says were improperly withheld, as well as attorneys’ fees and other relief.

The lawsuit centers on a FOIA request submitted by the organization to the Coast Guard on Nov. 16, seeking records concerning a Sept. 2 strike by a U.S. Aegis guided-missile destroyer on a vessel in Caribbean waters.

The plaintiff requested documents relating to whether the vessel was carrying drugs, what intelligence supported that conclusion, what information existed about the identities and alleged gang affiliations of those aboard and any photos or videos taken after the strike, according to the suit.

The organization specifically sought records reflecting evidence or intelligence obtained before the strike that the vessel contained drugs, that the 11 people killed in the strike were members of the Tren de Aragua gang, and records describing the destroyer that carried out the strike.

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The request also included all photos and videos of the vessel, any drugs and the remains of the individuals after the strike. The request covered both physical and electronic records, including photographs, videos and intercepted communications.

The Coast Guard acknowledged receipt of the request by email on Nov. 17, the complaint states, but did not provide any further response within the 20-day statutory deadline required by FOIA.

The organization also alleges the Coast Guard did not notify it of any “unusual circumstances” that would justify extending the deadline, as required by law.

Under FOIA, federal agencies are required to determine whether to comply with a request within 20 working days and notify the requester of their determination.

The plaintiff alleges the Coast Guard failed to meet that requirement and therefore violated the statute.

The complaint asserts that the Coast Guard’s failure to respond was unlawful, arbitrary and capricious and that the organization is entitled to judicial intervention.

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“USCG failed to provide Plaintiff CAT with any response regarding its FOIA request within the statutory deadline,” the filing states.

The plaintiff is asking the court to issue an order directing the Coast Guard to release all records responsive to the FOIA request, to enjoin the agency from relying on FOIA exemptions to withhold documents, to declare that the Coast Guard violated FOIA, to find that its actions were arbitrary and capricious and to require the agency to pay the organization’s litigation costs and attorney’s fees.

The plaintiff is represented by James W. Schottel Jr. of Schottel & Associates.

U.S. District Court for the Eastern District of Missouri, Eastern Division case number: 4:25-cv-01826

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