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Judicial Watch • 2011 jw-v-atf-complaint-10112011

2011 jw-v-atf-complaint-10112011

2011 jw-v-atf-complaint-10112011

Page 1: 2011 jw-v-atf-complaint-10112011

Category:Obtained Document

Number of Pages:4

Date Created:October 11, 2011

Date Uploaded to the Library:July 30, 2013

Tags:related, seeks, jurisdiction, produce, failed, official, access, search, Street, requested, officer, public, requests, Pursuant, responsive, defendant, government, ATF, watch, plaintiff, FBI, request, records, judicial, Washington, 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. 425 Third Street, SW, Suite 800 Washington, D.C. 20024, 
Case: 11-cv-01797  Plaintiff,  Ass!gned To: Sullivan, Emmet GAssign. Date: 10/11/2011 Description: FOIA/Privacy Act  
BUREAU ALCOHOL, TOBACCO,  
FIREARMS AND EXPLOSIVES New York Ave.,  
Washington, 20226,  
Defendant.  

COMPLAINT 
Plaintiff, Judicial Watch, Inc., brings this action against Defendant Bureau Alcohol, 
Tobacco, Firearms and Explosives ("BATFE") compel 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 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 U.S. Government and headquartered New 
York Ave., NE, Washington, 20226. Defendant has possession, custody, and control 
records which Plaintiff seeks access. 
STATEMENT FACTS July 13, 201 Plaintiff submitted FOIA request Defendant, facsimile 
and certified mail, seeking access the following public records: All records communication, contacts and correspondence 
between Director Kenneth Melson and any official, officer employee the 
Office the Deputy Attorney General regarding ATF Phoenix Operation Fast and 
Furious. All records prepared for submitted the House Committee 
Oversight and Government Reform related Director Melson's interview with the committee July 2011 All records communication between any ATF official, officer 
employee (including Director Melson and ATF Phoenix Special Agent Charge William Newell) and any official, officer employee the Drug Enforcement Administration regarding Operation Fast and Furious. All records regarding, concerning related the October 26, 2009 meeting/telephonic conference call between Director Melson, DAG David Ogden, AAG Lanny Breuer, DEA Administrator Michelle Leonhart, FBI Director Mueller, and other Department Justice officials regarding the Southwest Border Strategy (including, but not limited to, any agendas, minutes, transcripts, notes presentations). 
The timeframe for the request was identified January 20, 2009 July 13, 2011. 
According U.S. Postal Service records, Plaintiffs FOIA request was received 
Pursuant U.S.C.  552(a)(6)(A)(i), Defendant's response Plaintiffs July 13, 

Defendant July 19, 2011 
2011 FOIA request was due later than August 16, 2011 the date this Complaint, Defendant has failed produce any records responsive Plaintiff's July 13, 2011 FOIA request demonstrate that responsive records are exempt from production. Nor has indicated whether when any responsive records will produced. fact, Defendant has failed respond Plaintiff's FOIA request any substantive manner. Because Defendant has failed comply with the time limit set forth U.S.C.  
552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies with 
respect its July 13, 2011 FOIA request pursuant U.S.C.  552(a)(6)(C). 
COUNT 
(Violation FOIA, U.S.C.  552) 

10. 
Plaintiff realleges paragraphs through fully stated herein. 

11. 
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552. 
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: order Defendant conduct search for any and all responsive records Plaintiff's July 13, 2011 FOIA request and demonstrate that employed search methods reasonably likely lead the discovery records 
responsive Plaintiff's FOIA request; (2) order Defendant produce, date certain, any and 
all non-exempt records responsive Plaintiff's 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 Plaintiffs FOIA request; 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: October 11, 2011 Respectfully submitted, 

JUDICIAL WATCH, INC. 

D.C. Bar No. 495488 425 Third Street, S.W., Suite 800 Washington, 20024 
(202) 646-5172 

Attorneys for Plaintiff



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