Behar v. Dep’t of Homeland Security (SS Visitor Logs)

The Clinic represents award-winning investigative journalist Richard Behar in a FOIA lawsuit against the Department of Homeland Security and the Secret Service, seeking records cataloguing visitors to Donald Trump and high-level campaign officials during the campaign and transition periods. MFIA filed the initial FOIA request in September 2017, seeking expedited processing, and filed suit in the Southern District of New York October after the government failed to timely respond.

On February 16, 2018, the parties filed a joint stipulation regarding the Secret Service’s records search. The Secret Service will begin reviewing and producing emails from Secret Service detail leaders, assistant detail leaders, and operations supervisors that discuss visitors to Trump and the other high-level officials and family members listed in the FOIA request.

Last fall the Clinic engaged in summary judgment briefing in the Southern District of New York. Oral argument took place in the Second Circuit on November 30, 2021

Key Documents


Government Answer to Complaint

MOL in Support of Defendant's Motion for Summary Judgement

Plaintiff's Memo

Plaintiff's Statement


In Camera Review Order