Dennis M. Buckovetz v. Department of the Navy

Retired U.S. Marine Lt. Colonel Dennis Buckovetz was copied on emails revealing a covert scheme in which a military general had on-duty U.S. Marines sell Marine Corps “Challenge Coins” awarded to recruits who complete grueling training. The proceeds topped $100,000 per year – accumulated under the radar of government accounting. The illgotten gains funded parties and activities prohibited from being paid for with public funds. The creators replaced the enduring motto of “God, Corps and Country” with “God, Corps and Cash.” The Colonel filed a federal Freedom of Information Act (“FOIA”). The Navy’s response hid emails Colonel Buckovetz had revealing the scheme, and did not provide a full response. Because the Navy later provided ‘some’ emails, the lower courts dismissed his case, overlooking a critical fact: the Navy did not provide all required responsive records. The Ninth Circuit’s decision is a seal of approval for federal agencies to provide citizens only a partial response violating the letter and spirit of FOIA. The net effect of the decision will gut FOIA – the nation’s premier law designed as a “check against corruption and to hold the governors accountable to the governed.” The critical federal questions presented are:

1. Whether the Ninth Circuit erred in holding that the District Court lacked jurisdiction because the case was not justiciable premised on mootness.

2. Whether the Ninth Circuit erred in holding that the District Court lacked jurisdiction at the time the case was filed because the action was not justiciable premised on a lack of standing.