University of Michigan FOIA Appeals Denied: Gerdes–FBI and Kazerooni–HHS-OIG Communications

A federal investigative file currently under FOIA litigation identifies approximately five minutes of audio media and more than 500 pages of records.

Two University of Michigan FOIA requests seeking communications with federal investigative agencies were denied in full.
Both denials were subsequently affirmed on appeal by the Office of the President.

No released record yet accounts for how, or whether, those communications relate to the federal record.

1. OGC → FBI (Gerdes – Lucas Communications)

The first request sought communications between University of Michigan Office of General Counsel attorney Christine Gerdes and FBI Special Agent Sue Lucas referencing or regarding Dr. Bradley Foerster, Dr. Myria Petrou, Paul Cronin, Aine Kelly, Duaa Altaee, “Nick,” and related allegations identified elsewhere in University and federal records.

The University acknowledged that a small number of responsive records were located, but denied the request in full under MCL 15.243(1)(m), characterizing the records as “communications and notes of an advisory nature.”

Initial FOIA Denial

University of Michigan FOIA denial regarding Gerdes-Lucas communications, Request No. 261201.

The appeal addressed:

The external nature of communications with the FBI
The requirement to release segregable factual material
The absence of any meaningful description sufficient to permit review

As stated in the appeal:

Communications between a public university and a federal law enforcement agency do not fall within the core purpose of §13(1)(m), which is limited to internal advisory communications.

The appeal further noted that the University has acknowledged possession of additional memoranda concerning the same underlying subject matter, including materials described in the record as “Russia-Gate”-related.

This raises a central question:

What information was conveyed to federal law enforcement, and how was it characterized?

FOIA Appeal

Appeal Denied by Office of the President

May 7, 2026 University of Michigan Office of the President appeal denial for FOIA Request No. 261201.

On May 7, 2026, the Office of the President denied the appeal in full. The denial, signed by Chief of Staff Steve Yaros, states that the appeal was “carefully considered” and denied for the reasons previously provided by the FOIA office.

2. University → HHS-OIG (Kazerooni Communications)

The second request sought communications between Dr. Ella Kazerooni and the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) referencing or regarding Dr. Bradley Foerster, Dr. Myria Petrou, Tarick Seifeddine, Paul Cronin, Aine Kelly, Duaa Altaee, “Nick,” and related allegations identified elsewhere in University, HHS-OIG, AAPD, and federal records.

The University acknowledged that one responsive record was located, but denied the request in full under MCL 15.243(1)(m), characterizing the record as a communication “of an advisory nature.”

Initial FOIA Denial

University of Michigan FOIA denial regarding Kazerooni-HHS-OIG communications, Request No. 261021.

The appeal addressed:

The withholding of an entire record without segregation
The failure to provide a meaningful description
The external nature of communications with a federal oversight agency

As stated in the appeal:

The responsive record at issue is an external communication between the University and HHS-OIG and does not fall within the core purpose of §13(1)(m).

This raises a second question:

What was communicated to a federal investigative body, and why is the entire record being withheld?

FOIA Appeal

Appeal Denied by Office of the President

May 7, 2026 University of Michigan Office of the President appeal denial for FOIA Request No. 261021.

On May 7, 2026, the Office of the President denied the appeal in full. The denial, again signed by Chief of Staff Steve Yaros, states that the appeal was “carefully considered” and denied for the reasons previously provided by the FOIA office.

3. A Consistent Institutional Position

Across both requests, the University has taken the same position:

Communications with federal agencies are characterized as “advisory”
Records are withheld in full
No segregable material is identified
No meaningful description is provided
Appeals are denied without additional substantive explanation

At the same time:

A federal investigative file exists, including approximately five minutes of audio media
The University acknowledges communications with multiple federal channels concerning the same underlying subject matter
No released record yet explains how, or whether, those communications relate to the federal record

Update (May 9, 2026)

Following the University’s appeal denials, reciprocal FOIA / Privacy Act requests were submitted directly to HHS-OIG and the FBI seeking the corresponding federal-side communications identified in the University’s responses.

The HHS-OIG request seeks the communication identified by the University as “one responsive record” involving communications between Dr. Ella Kazerooni and HHS-OIG.

The FBI request seeks the “small number of records” identified by the University involving communications between OGC Christine Gerdes and FBI Special Agent Sue Lucas.

Two requests.
Two federal agencies.
Two appeals denied by the Office of the President.

Approximately five minutes of audio media identified in a federal investigative file exceeding 500 pages.

No released record yet accounts for how, or whether, those communications relate to the federal record.

Related Reporting

Brad Foerster, MD PhD

Brad Foerster is a FOIA advocate documenting requests, transparency disputes, and accountability investigations involving public agencies, universities, police oversight, and Russia-Gate related inquiries. His work compiles original documents, timelines, and analysis of public records and institutional responses. Brad is also a board-certified radiologist, author of Town & Gown, and has published over 40 peer-reviewed articles. Brad lives in Potomac, Maryland with his family and is active in the Montgomery County Medical Society and the Takoma Park U.S. & World History Book Club.