DOJ Seeks Dismissal of Attorney’s FOIA Suit Over Alleged DEA Communications

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DOJ FOIA Suit

The U.S. Department of Justice has renewed its push to dismiss a Freedom of Information Act (FOIA) lawsuit filed by Texas attorney Matthew Zorn, who seeks access to communications between Drug Enforcement Administration (DEA) officials and anti-legalization advocates regarding a proposal to reclassify marijuana under federal law.

In a motion to dismiss filed Friday in D.C. federal court, the DOJ contended that Zorn’s lawsuit is unripe because he has not exhausted administrative remedies and lacks standing under Article III of the Constitution.

“Plaintiff has not suffered a concrete and particularized, actual or imminent injury in fact,” the government’s motion states. It further argues that Zorn’s role as an attorney in related administrative proceedings does not grant him personal standing to assert that federal agencies violated the Administrative Procedure Act (APA).

Government Defends DEA’s Handling of Alleged Communications

The DOJ also maintains that Zorn’s claims under the APA are not ready for judicial review, asserting that the DEA’s alleged failure to disclose ex parte communications does not constitute a final agency action.