Plaintiff alleges U.S Government Agencies violated FOIA over Election Audit Records

Joseph P. Kinneary U.S. Courthouse
Joseph P. Kinneary U.S. Courthouse
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Patrick D. Cummins has filed a lawsuit against three major U.S. government entities, alleging violations of the Freedom of Information Act (FOIA). The complaint was submitted to the United States District Court for the Southern District of Ohio on February 5, 2026, targeting the U.S. Army Cyber Command, U.S. Cyber Command, and the National Security Agency.

The case revolves around Cummins’ requests for information related to a post-election audit of the 2024 United States General Elections. Cummins argues that these agencies have failed to comply with FOIA by not providing requested documents and reports concerning election audits and cybersecurity activities related to the elections. According to Cummins, his FOIA requests were denied or inadequately addressed by all three defendants, despite their roles in safeguarding U.S. elections from interference. He seeks injunctive relief for the release of non-exempt records and recovery of attorney’s fees under FOIA provisions.

Cummins claims that these agencies have not conducted adequate searches or provided sufficient explanations for withholding information. He emphasizes that transparency is crucial given ongoing concerns about election security in the United States. His legal action aims to compel these federal entities to disclose all relevant records regarding potential foreign interference in the 2024 elections and any subsequent investigations or audits conducted by them.

In his filing, Cummins also requests that if no responsive records are found during searches, detailed affidavits should be provided outlining search efforts, including specific search terms used and systems checked. He argues that this level of detail is necessary to ensure compliance with FOIA’s requirements for transparency and accountability.

The plaintiff is represented by Dean Cummins Law PLLC, while Judge Sarah D. Morrison will preside over the case with Magistrate Judge Kimberly A. Jolson assisting in proceedings under Case ID: 2:26-cv-00133-SDM-KAJ.

Source: 226cv00133_Cummins_v_US_Army_Cyber_Command_Complaint_Southern_District_Ohio.pdf


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