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Judicial Watch • 2007 DOJ complaint

2007 DOJ complaint

2007 DOJ complaint

Page 1: 2007 DOJ complaint

Category:Lawsuit

Number of Pages:5

Date Created:February 8, 2007

Date Uploaded to the Library:July 29, 2013

Tags:reasons, Times, dated, privacy, failed, Division, appeal, legal, Street, review, Pursuant, information, letter, Counsel, justice, defendant, watch, plaintiff, request, records, judicial, department, school, states, Washington, united, court, EPA, ICE, CIA


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  • demand_answers

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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 

JUDICIAL WATCH, INC.  
501 School Street, S.W., Suite 500  
Washington, 20024,  
Plaintiff, DEPARTMENT JUSTICE  
950 Pennsylvania Avenue, N.W.  
Washington, 20530-0001,  
Defendant.  

COMPLAINT FOR DECLARATORY AND 

Plaintiff Judicial Watch, Inc. brings this action against Defendant United States Department Justice compel compliance with the Freedom Information 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.  1391(e). 
PARTIES 
Plaintiff Judicial Watch, Inc. non-profit, educational organization 

incorporated under the laws the District Columbia and having its principal place business 501 School Street, S.W., Suite 500, Washington, 20024. Defendant United States Department Justice agency the United 

States Government. Defendant has its principal place business 950 Pennsylvania Avenue, N.W., Washington, 20530-0001. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS January 2006, Plaintiff sent FOIA request Defendant, facsimile and certified U.S. mail, return receipt requested, seeking access the following records: 
Any and all legal opinion(s) and/or memorandum(a) regarding the authorization President George Bush for the National Security Agency (hereinafter "NSA") monitor domestic communications without court-approved warrants, referenced the attached New York Times story. presidential order signed 2002 allowing and/or instructing the NSA monitor domestic communications without court-approved warrants, referenced the attached New York Times story. 
Both requests referenced report journalists James Risen and Eric Lichtblau entitled "Bush Secretly Lifted Some Limits Spying the U.S. After 9/11, Officials Say." The report appeared the December 15, 2005 edition The New York Times. 
The request was sent six (6) separate component offices Defendant, including the Office Information Privacy, the fice Intelligence Policy and Review, the Criminal Division, and the Office Legal Counsel. 
Plaintiffs January 2006 FOIA request sought expedited processing pursuant U.S.C.  552(a)(6)(E) and C.F.R.  16.5(d), well waiver ofboth 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.l l(k)(2)(i) -(iv). letter dated January 11, 2006, the Office Intelligence Polic and Review 

acknowledged receipt Plaintiffs FOIA request and granted Plaintiffs request for expedited processmg. letter dated January 12, 2006, the Office Information and Privacy acknowledged receipt Plaintiffs FOIA request and granted Plaintiffs request for expedited processing. 

10. letter dated January 19, 2006, the Criminal Division acknowledged receipt Plaintiffs FOIA request and granted Plaintiff's request for expedited processing. 

11. 
The Office Legal Counsel has failed acknowledge receipt Plaintiffs FOIA request respond Plaintif request for expedited processing. 

12. light Defendant's decision grant expedited processing Plaintiffs FOIA request, Defendant was required process the request "as soon practicable" pursuant 

U.S.C.  552(a)(6)(E)(iii). 
13. 
Even without taldng into account Plaintif f's request for expedited processing, Defendant's response Plaintif f's FOIA request was due before February 2006 pursuant U.S.C.  552(a)(6)(A)(i). before that date, Defendant was required determine whether comply with the request and immediately notify Plaintiff its determination, the reasons therefor, and the right appeal any adverse determination. 

14. 
Defendant failed produce records responsive Plaintif January 2006 FOIA request before February 2006 claim that such records are exempt from production under U.S.C.  552(b also failed notify Plaintiff any determination whether comply with the request, the reasons therefor, the right appeal any adverse 

determination. Defendant also failed invoke the provisions set forth U.S.C.  

552(a)(6)(B) for extending the time limit respond the request. 
15. February 28, 2006, Plaintiff has received substantive response its January 2006 FOIA request. Nor has received any determination whether Defendant will comply with the request, the reasons therefor, the right appeal any adverse determination. 

16. 
Because Defendant failed comply with the time limit set forth U.S.C.  552(a)(6)(A) extend that time limit pursuant U.S.C.  552(a)(6)(B), Plaintiff deemed have exhausted any and all administrative remedies with respect its January 20, 2006 FOIA request, pursuant U.S.C.  552(a)(6)(c). 

COUNT 
(Violation FOIA) Plaintiff realleges paragraphs through fully stated herein. 
18. Defendant's failure make available the records sought Plaintiff Plaintif January 2006 FOIA request violates FOIA and the corresponding agency regulations. 
WHEREFORE, Plaintiff respectfully requests that the Court: (1) declare Defendant's failure comply with FOIA unlawful; (2) order Defendant process the requested records and produce all responsive records not subject claims exemption and Vaughn index allegedly exempt records Plaintiff soon practicable; (3) enjoin Defendant from charging Plaintiff any fees for searching for, duplicating, otherwise processing the request; award Plaintiff attorney's 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. 

D.C. Bar No. 429716 Suite 500 501 School Street, S.W. Washington, 20024 
(202) 646-5172 
Counsel for Plaintiff



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