Veteran Journalist Charlie LeDuff Teams with OLC to File Lawsuit Challenging “Grant-and-Delay” FOIA Tactics in Michigan

Outside Legal Counsel PLC has filed a lawsuit on behalf of veteran investigative journalist Charlie LeDuff, challenging what the complaint describes as the unlawful and increasingly common practice by Michigan public agencies: granting Freedom of Information Act (FOIA) requests in name, while delaying production of records for months or longer.

The lawsuit, filed in the Michigan Court of Claims, targets the Michigan Department of Attorney General and seeks declaratory and injunctive relief to halt the use of so-called “grant-and-delay” responses, often referred to as King responses, that purport to approve a filed FOIA request but withhold records indefinitely without identifying exemptions or meeting meaningful timelines. 

“This case is about restoring FOIA to what the Legislature intended—a disclosure statute, not a waiting game,” said Philip L. Ellison, principal attorney at Outside Legal Counsel PLC. “When an agency says ‘we grant your request’ but then produces nothing for half a year or more, that’s not transparency. It’s loop evasion.”

In April 2025, LeDuff submitted a FOIA request to the Michigan Department of Attorney General seeking records concerning the State’s response to federal inquiries into COVID-19 and public nursing homes. The Department took an extension, then issued a response stating the request would be granted as to any non-exempt records but without identifying what would be produced or what would be withheld. The Department demanded thousands of dollars in fees. 

LeDuff paid in full. Then nothing happened.

More than six months later, despite payment, follow-up correspondence, and repeated assurances, the requested records have still not been produced. Even a later letter extending the timeline again expired without disclosure. According to the complaint, this pattern mirrors the experience of journalists, researchers, and citizens across Michigan who encounter the same tactic: approval without production, delay without end.

The lawsuit alleges that the Attorney General’s office and other state agencies have relied on internal practices and an Attorney General opinion to justify prolonged delays after a request is nominally granted. The suit argues that these practices undermine FOIA’s core purpose and strip requesters of their statutory rights to timely disclosure and meaningful appeal.

The case has been assigned to Judge Brock Swartzle. 

LeDuff is an award-winning journalist and author known for hard-hitting investigations into government misconduct and institutional failure. He writes for The Michigan Enjoyer and has spent decades using public records to inform the public and expose abuse of power.

Outside Legal Counsel PLC is a Hemlock, Michigan-based constitutional and civil-rights law firm with a growing focus on FOIA enforcement and government transparency. The firm represents residents, journalists, property owners, and citizens seeking to hold public bodies accountable under Michigan and federal law.