Tuesday, September 29, 2026

FOIA Requests, In DC -- Case No. 25-cv-463, Seeking Records On Tangerine 2.0 Public Health Decision Making Processes (To The Extent ANY Process Exists) At HHS...


This federal court dispute in DC concerns public interest groups trying to figure out whether Trump's Health and Human Services Dept. is complying with applicable law, when it ends funding -- or when it begins new administrative procedures (many of shich have hobbled public health efforts, and have indisputably resulted in excess childhood measles fatalities -- backgrounder here).

And as ever, the Tangerine team lawyers in federal positions are foot dragging, on even the most basic disclosures. Here almost two years on, the plaintiffs have actually received almost no documents. Disgusting -- but here is the latest status report:

. . .On August 29, 2025, CMS issued its first response to FOIA Request No. 2024-01863-FOIA-OS. The agency informed Plaintiff that it processed 425 pages. . . .

On September 30, 2025, the agency issued its second response informing Plaintiff that it processed 822 pages.

On December 23, 2025, the agency issued its third response informing Plaintiff that it reviewed 542 pages as potentially responsive and determined that they were duplicates of pages previously reviewed.

On January 30, 2026, the agency issued its fourth response informing Plaintiff that it reviewed 136 pages of records and that all 136 pages are in consultation with other agencies.

The parties have agreed on the exclusion of certain records that will narrow the scope of production.

As noted in the last status report, the agency reports that: with respect to Request No. 2024-01863, the agency has received a response from CMS regarding the 425 pages of consults. However, a substantial portion of those pages require additional consultation before any release can be made, and remain on consultation.

The parties will continue to confer throughout the course of this action in an effort to reduce or resolve their disputes.

Pursuant to the Court’s May 7, 2025, Minute Order, the parties will file their next joint status report within the next sixty days. . . .


Simply trying to stall -- and run out the clock: we all know that Musk and Trump acted lawlessly, with RFK, Jr. Damnation.

नमस्ते

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