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Judicial Watch • 2004 saudi-flight-complaint

2004 saudi-flight-complaint

2004 saudi-flight-complaint

Page 1: 2004 saudi-flight-complaint

Category:Lawsuit

Number of Pages:6

Date Created:September 24, 2004

Date Uploaded to the Library:July 29, 2013

Tags:arabia, subjects, return, leave, Saudi, family, Members, received, appeal, exhibit, Street, defendants, requested, Pursuant, letter, response, documents, responsive, DHS, September, president, defendant, watch, plaintiff, FBI, State Department, request, records, DOJ, judicial, department, school, states, Washington, court, united, EPA, ICE, CIA


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  • demand_answers

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JUDICIAL WATCH, INC.  
501 School Street, S.W., Suite 500  
Washington, 20024,  
Plaintiff,  Civil Action No.  
UNITED STATES DEPARTMENT  
HOMELAND SECURITY  
425 Street,  
2nd Floor ULLICO Building  
Washington, 20536  
and  
FEDERAL BUREAU  
INVESTIGATION  
935 Pennsylvania Ave.,  
Washington, 20535  
Defendants.  

Plaintiff, Judicial Watch, Inc., hereby files this Complaint compel compliance with the Freedom oflnfonnation Act, U.S.C.  552 ("FOIA"). grounds therefor, Judicial Watch, Inc. 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.  139l(e). 
Judicial Watch, Inc. non-profit, educational foundation organized under the laws the District Columbia and having its principal place business 501 School Street, S.W., Suite 500, Washington, 20024. 
Defendant Department Homeland Security ("DHS") agency the United States government. DHS has its principal place business the District Columbia. DHS possession, custody and control over records which Judicial Watch, Inc. seeks access. 
Defendant Federal Bureau Investigation ("FBI") agency the United States government. FBI has its principal place business the District Columbia. FBI possession, custody and control over records which Judicial Watch, Inc. seeks access. 

STATEMENT FACTS October 2003, Judicial Watch, Inc. sent DHS and FBI, facsimile and certified U.S. mail, return receipt requested, FOIA request seeking access any and all records concerning relating the following subjects: 
The decision allow subjects the Kingdom Saudi Arabia, including but not limited members the House Saud and/or members the Bin Laden family, leave the United States within days the terrorist attacks September 11, 2002. 
Flights containing subjects the Kingdom Saudi Arabia, including but not limited members the House Saud and/or members the Bin Laden family, allowed leave the United States between September 11, 2001 and September 15, 2003. September 13, 2001 flight between Raytheon Airport Services, Tampa International Airport and Blue Grass Airport Lexington Kentucky. 
The decision allow subjects the United Kingdom Saudi Arabia, including but not limited members the House Saud and/or members the 
All communication between the CIA, and/or FBI, and FAA and/or the State Department and the Executive Office the President (EOP) and/or the Office the Vice President and/or any agent representative President George Bush concerning the decision allow subjects the Kingdom Saudi Arabia, including but not limited members the House Saud and/or members the Bin Laden family, leave the United States airplane after September 11, 2001. list all subjects [the] Kingdom Saudi Arabia, including but not limited members the House Saud and/or members the Bin Laden family, permitted leave the United States between September 11, 2001 and October 2001. 

Judicial Watch, Inc.'s February 27, 2004 FOIA request also sought waiver both search and duplication fees pursuant U.S.C.  552(a)(4)(A)(ii)(II), U.S.C.  552(a)(4)(A)(iii), and 
C.F.R.  16.ll (k)(2)(i) -(iv). Judicial Watch, Inc.'s October 2003 FOIA request also sought expedited production the requested documents within twenty (20) business days. copy Judicial Watch, Inc.'s October 2003 FOIA request attached hereto Exhibit and incorporated herein reference. October 10, 2003, Judicial Watch, Inc. sent DHS and FBI, facsimile and certified U.S. mail, return receipt requested, supplement its October 2004 FOIA request. This supplement conected two typographical enors contained Judicial Watch, Inc. October 2004 request. copy Judicial Watch, Inc. October 10, 2003, FOIA supplement attached hereto Exhibit and incorporated herein reference. 
Defendant FBI about October 2003, Judicial Watch, Inc. received letter from David Hardy Defendant FBI' Records Management Division, acknow ]edging Defendant FBI' receipt documents contain any definitive statement when Judicial Watch, Inc. could expect receive responsive documents from Defendant FBI. about October 27, 2003, Judicial Watch, Inc. received second letter from Mr. Hardy behalf Defendant FBI. The October 27, 2003 letter stated that responsive documents existed, but that Judicial Watch, Inc.'s request had been denied because the requested documents were allegedly exempt from production pursuant U.S.C. 552(b)(7)(A). 

10. October 31, 2003, Judicial Watch, Inc. sent Defendant FBI, facsimile and certified U.S. mail, return receipt requested, letter appealing Defendant FBI's denial Judicial Watch, Inc.'s October 2003 FOIA request. 

11. about November 12, 2003, Judicial Watch, Inc. received letter from Priscilla Jones the Department Justice ("DOJ"), acknowledging Defendant FBI's receipt Judicial Watch, Inc.'s October 31, 2003 FOIA appeal. 

12. 
Because had not received any response its October 31, 2003, FOIA appeal, about January 27, 2004, Judicial Watch, Inc. sent letter DOJ requesting update the status its October 31, 2003 FOIA appeal. 

13. about January 30, 2004, Judicial Watch, Inc., received letter from Richard Huff ofDOJ denying Judicial Watch's October 31, 2003 FOIA appeal. 
Defendant DRS 
14. about October 15, 2003, Judicial Watch, Inc. received letter from Elizabeth Withnell Defendant DHS, acknowledging Defendant DHS's receipt Judicial Watch, Inc.'s 
October 2003 FOIA request. The October 15, 2003 letter denied Judicial Watch, Inc.'s request the ground that DHS did not possess any responsive documents. 
15. October 27, 2003, Judicial Watch, Inc. sent Defendant DHS, facsimile and certified U.S. mail, return receipt requested, letter appealing Defendant DHS denial Judicial Watch, Inc.' October 2003 FOIA request. 

16. 
Because had not received any response its October 27, 2003, FOIA appeal, about February 2004, Judicial Watch, Inc. sent letter DHS via Express Mail requesting update the status its October 27, 2003 FOIA appeal. 

17. about February 2004, Judicial Watch, Inc., received letter from Stephen Bodo lay ofDHS concerning Judicial Watch's October 27, 2003 FOIA appeal. Mr. Bodolay's letter stated that Judicial Watch's October 2003 FOIA request was being forwarded several components within DHS. However, the February 2004 letter did not contain estimate when Judicial Watch, Inc., could expect receive substantive response its October 2003 FOIA request. 

18. 
Pursuant U.S.C.  552(a)(6)(A)(ii), Defendant DHS was required make determination regarding Judicial Watch, Inc.'s October 27, 2003 FOIA appeal November 25, 2003. However, September 23, 2004, Defendant DHS failed make final determination regarding Judicial Watch, Inc.'s October 27, 2003 FOIA appeal tum over any responsive documents Judicial Watch, Inc. addition, September 23, 2004, DHS failed invoke the provisions set forth U.S.C.  552(a)(6)(B) for extending the time limits respond Judicial Watch, Inc.'s October 2003 FOIA request. 

19. 
Because DHS failed comply with the time limits set forth U.S.C.  552(a)(6)(A) extend those time limit provisions pursuant U.S.C.  552(a)(6)(B), Judicial Watch, Inc. deemed have exhausted any and all administrative remedies with respect its October 2003 FOIA request. U.S.C.  552(a)(6)(C). 

COUNT 
(Violation FOIA) 
20. Plaintiffrealleges paragraphs through fully stated herein. 
WHEREFORE, Plaintiff respectfully requests that the Court: (I) declare Defendants' failure comply with FOIA unlawful; (2) enjoin Defendants from continuing withhold records responsive Plaintiffs October 2003 FOIA request and order Defendants produce all responsive records improperly withheld from Plaintiff without further delay; (4) award Plaintiff attorneys fees and other litigation costs reasonably incurred this action pursuant U.S.C.  552(a)(4)(E); and (5) grant such other relief the Court deems just and proper. 
Respectfully submitted, JUDICIAL WATCH, INC. 

Paul Orfanedes 
D.C. 
Bar No. 429716 Meredith Cavallo 

D.C. 
Bar No. 487733 Suite 500 501 School Street, S.W. Washington, 20024 

(202) 646-5172 
Attorneys for Plaintiff