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Judicial Watch • 1:13-cv-00945-Bin Laden-Stamped-Complaint

1:13-cv-00945-Bin Laden-Stamped-Complaint

1:13-cv-00945-Bin Laden-Stamped-Complaint

Page 1: 1:13-cv-00945-Bin Laden-Stamped-Complaint

Category:Legal Document

Number of Pages:4

Date Created:June 21, 2013

Date Uploaded to the Library:July 14, 2015

Tags:158923657, stamped, orfanedes, Intelligence, determination, appeal, AGENCY, complaint, responsive, defendant, filed, plaintiff, request, document, records, FOIA, Washington, district, court, CIA


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Case 1:13-cv-00945 Document Filed 06/21/13 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, S.W., Suite 800
Washington, 20024,
Plaintiff,
CENTRAL INTELLIGENCE AGENCY,
Office General Counsel
Washington, 20505,
Defendant.
___________________________________
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc., and through its undersigned counsel, brings this action
against Defendant Central Intelligence Agency( CIA compel its compliance with the
Freedom Information Act, U.S.C. 552 FOIA grounds therefor, Plaintiff alleges
follows:
JURISDICTION AND VENUE
The Court has jurisdiction over this action pursuant U.S.C. 552(a)(4)(B) and U.S.C. 1331.
Venue proper this district pursuant U.S.C. 1391(e).
PARTIES
Plaintiff non-profit, educational foundation organized under the laws the
District Columbia and having its principal place business 425 Third Street, S.W., Suite
800, Washington, 20024. Plaintiff seeks promote integrity, transparency, and
accountability government and fidelity the rule law. furtherance its public interest
Case 1:13-cv-00945 Document Filed 06/21/13 Page
mission, Plaintiff regularly requests access the public records federal, state, and local
government agencies, entities, and offices, and disseminates its findings the public.
Defendant agency the United States Government and headquartered
Langley, Virginia. Defendant has possession, custody, and control public records which
Plaintiff seeks access.
STATEMENT FACTS December 19, 2012, Plaintiff sent FOIA request Defendant, via certified
mail and facsimile, seeking access the following public records:
Any and all guest lists other records identifying
individuals who attended and/or were invited attend the June 24,
2011 awards ceremony CIA Headquarters for individuals
involved the search for, and killing of, Osama bin Laden (see
http://www.politico.com/story/2013/06/leon-panetta-seal-leak-922
63.html?hp=l2).
Any and all records communication between any official,
employee, representative the Central Intelligence Agency and
any other party regarding the attendance Mr. Mark Boal the
aforementioned awards ceremony.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine
whether comply with Plaintiff request within twenty (20) working days receiving the
request and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination. letter dated December 27, 2012, Defendant acknowledged receiving Plaintiff
request December 19, 2012 and assigned the request reference number F-2013-00448.
Defendant letter stated that was unlikely Defendant could respond the request within
working days, but failed state when determination the request would made otherwise
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Case 1:13-cv-00945 Document Filed 06/21/13 Page
invoke the extension time provision made available U.S.C. 552(a)(6)(B). Defendant
letter also contained the following statement:
You have the right consider our honest appraisal denial
your request and you may appeal the Agency Release Panel.
more practical approach would permit continue processing
your request and respond you soon can. You will retain
your appeal rights and, once you receive the results our search,
can appeal that time you wish. will proceed that basis
unless you object.
Defendant statement not adverse determination within the meaning
U.S.C. 552(a)(6)(A), and, therefore, administrative appeal any adverse determination was
necessary possible. the date this Complaint, Defendant has failed to: (i) determine whether
comply with Plaintiff request; (ii) notify Plaintiff any such determination the reasons
therefor; (iii) advise Plaintiff the right appeal any adverse determination; (iv) produce the
requested records otherwise demonstrate that the requested records are exempt from production.
10.
Because Defendant failed comply with the time limits set forth U.S.C.
552(a)(6)(A)-(B), Plaintiff deemed have exhausted any and all administrative remedies with
respect its FOIA request, reference number F-2013-00448, pursuant U.S.C. 552(a)(6)(C).
COUNT
(Violation FOIA, U.S.C. 552)
11.
Plaintiff realleges paragraphs through fully stated herein.
12.
Plaintiff being irreparably harmed reason Defendant unlawful
withholding requested records, and Plaintiff will continue irreparably harmed unless
Defendant compelled conform its conduct the requirements the law.
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct search for any and all responsive records Plaintiff FOIA request, reference number
-3-
Case 1:13-cv-00945 Document Filed 06/21/13 Page
F-2013-00448, and demonstrate that employed search methods reasonably likely lead the
discovery records responsive Plaintiff FOIA request; (2) order Defendant produce,
date certain, any and all non-exempt records responsive Plaintiff FOIA request and Vaughn
index any responsive records withheld under claim exemption; (3) enjoin Defendant from
continuing withhold any and all non-exempt records responsive Plaintiff FOIA request; (4)
grant Plaintiff award attorneys fees and other litigation costs reasonably incurred this
action pursuant U.S.C. 552(a)(4)(E); and (5) grant Plaintiff such other relief the Court
deems just and proper.
Dated: June 21, 2013
Respectfully submitted,
JUDICIAL WATCH, INC.
/S/ Paul Orfanedes
Paul Orfanedes
D.C. Bar No. 429716
425 Third Street, S.W., Suite 800
Washington, 20024
(202) 646-5172
(202) 646-5199, facsimile
porfanedes@judicialwatch.org
Attorneys for Plaintiff
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