Democracy Forward filed a lawsuit against the Department of Justice and the Federal Bureau of Investigation (FBI) after the agencies failed to comply with a Freedom of Information Act request seeking the release of a recording reportedly capturing now–White House Border Czar Tom Homan accepting a $50,000 cash payment from undercover FBI agents in September 2024 — shortly before joining the Trump-Vance administration.

Despite widespread public interest and multiple requests from members of Congress, the DOJ and FBI have not made the recording public. On September 20, 2025, Deputy Attorney General Todd Blanche and FBI Director Kash Patel announced that their agencies had “found no credible evidence of any criminal wrongdoing” and had closed the investigation. The administration’s decision to close the matter, combined with its acknowledgment of the recording’s existence, raises urgent questions about government integrity and transparency.

Despite acknowledging receipt of the requests, DOJ has failed to provide the legally required records or respond within the required timeframe.

Democracy Forward’s lawsuit seeks an order requiring the DOJ and FBI to grant expedited processing and promptly release the non-exempt portions of the recording.

The case is Democracy Forward Foundation v. U.S. Department of Justice and Federal Bureau of Investigation.