Grusch’s FOIA suit against DoD isn’t about crash retrievals — it’s whether the search was ever adequate

The case involves a FOIA suit against the Department of Defense, with the central issue being whether the search conducted was legally adequate. The plaintiff argues that the Department of Defense failed to meet its obligation to search thoroughly for records related to unauthorized-disclosure complaints involving David Charles Grusch, who is associated with UAP/UFO-related terms. The court is considering whether the search methods used were reasonable and sufficient.

The Department of Defense released 40 pages of records on May 18, 2026, based on a FOIA request. The search included the Senior Intelligence Oversight Official (SIOO) office, and the search terms included "David Charles Grusch," "unidentified aerial phenomenon," and "UAP." The search did not find any records related to unauthorized-disclosure complaints. The Department of Defense also searched classified and unclassified email for specific individuals, but the search terms were deemed too narrow for the first prong of the request, which focused on unauthorized-disclosure complaints.

The motion for summary judgment hinges on whether the search was adequate, and the court is expected to determine this without a full trial. The plaintiff has already dropped the withholding argument, and the defense has already conceded the redactions on the May release. The court is now focusing on the adequacy of the search methods, which are evaluated based on the details provided in the agency affidavits. The defense argues that the search was reasonable and that the terms used were appropriate, but the plaintiff is challenging the narrowness of the search terms and the lack of coverage for the second prong of the request.

The case is not about the classification of records or the Glomar exception, but rather about whether the search was legally adequate. The plaintiff has confirmed they are not challenging the redactions on the May release, and the defense has already conceded those. The court is now focusing on the adequacy of the search methods, which are evaluated based on the details provided in the agency affidavits. The defense argues that the search was reasonable and that the terms used were appropriate, but the plaintiff is challenging the narrowness of the search terms and the lack of coverage for the second prong of the request.

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