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Judicial Watch • 2011 jw-v-doj-complaint-02242011

2011 jw-v-doj-complaint-02242011

2011 jw-v-doj-complaint-02242011

Page 1: 2011 jw-v-doj-complaint-02242011

Category:Legal Document

Number of Pages:5

Date Created:February 24, 2011

Date Uploaded to the Library:July 30, 2013

Tags:hatch, affordable, patient, seeks, produce, failed, protection, access, search, legal, Street, requested, public, requests, Supreme, Pursuant, responsive, justice, government, defendant, watch, plaintiff, request, records, judicial, department, Supreme Court, states, Washington, court, united, EPA, ICE, CIA


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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 

JUDICIAL WATCH, INC.,  
425 Third Street, S.W., Suite 800  
Washington,  20024,  
Plaintiff,  
U.S. DEPARTMENT WSTICE,  
950 Pennsylvania Ave., N.W.  
Washington,  20530-0001,  

COMPLAINT 
Plaintiff Judicial Watch, Inc. brings this action against Defendant United States Department Justice compel compliance with the Freedom oflnformation 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 United States Government and headquartered 
U.S. Department Justice, 950 Pennsylvania Ave., N.W., Washington, 20530-0001. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS The Patient Protection and Affordable Care Act 2010 (the "Act") one the 
most controversial pieces legislation recent U.S. history. has already been the subject much litigation, and the constitutionality the Act will likely decided the United States Supreme Court within the next two years. Before being appointed the U.S. Supreme Court, Justice Elena Kagan served 
the U.S. Solicitor General. has been reported that, while serving U.S. Solicitor General, Justice Kagan may have participated discussions about the Act, including the drafting the new law and legal challenges the new law. See "Sen. Hatch: Kagan Should Sit Out Health Care Case," Associated Press, February 2011. Justice Kagan has publicly acknowledged that she "attended least one meeting where the existence litigation" was mentioned. Id. least one member Congress, U.S. Senator Orrin Hatch, has called for Justice Kagan recuse herself from any legal challenges the Act. Id. June 2010, Plaintiff sent FOIA request Defendant seeking records about 
any involvement Justice Kagan may have had with the Act during her tenure U.S. Solicitor General. Specifically, Plaintiffs FOIA request sought access the following: 	
All records communication, briefing materials, and/or legal opinions concerning the constitutionality the Patient Protection and Affordable Care Act March 23, 2010. 	
Any and all records communications between the Office the Solicitor General and any the following entities concerning the constitutionality the Patient Protection and Affordable Care Act: (a) The Executive Office the President; (b) The Department Justice Office Legal Counsel; and The Office Attorney General. July 2010, Plaintiff received letter from Defendant acknowledging receipt Plaintiff's FOIA request. Pursuant U.S.C.  552(a)(6)(A), Defendant was required respond 
Plaintiff's FOIA request within twenty (20) working days, July 2010. 
10. the date ofthis Complaint, Defendant has failed produce any records 
responsive the request demonstrate that responsive records are exempt from production. Nor has indicated whether when any responsive records will produced. short, other than Defendant's July 2010 acknowledgement letter, Defendant has failed respond the request any manner. 
11. Because Defendant 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 FOIA request, pursuant U.S.C.  552(a)(6)(C). 
COUNT (Violation FOIA, U.S.C.  552) 
12. 
Plaintiff realleges paragraphs through fully stated herein. 

13. 
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552. 
14. Plaintiff being irreparably harmed reason Defendant's 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's FOIA request and demonstrate that employed search methods reasonably likely lead the discovery records responsive 
Plaintiffs FOIA request; (2) order Defendant produce, date certain, any and all non-exempt 
records responsive Plaintiffs 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's 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: February 24, 201 Respectfully submitted, 
JUDICIAL WATCH, INC. 

--i.P'..Lut...St.t'"""oL'--'-e.J..L-t-...>d;---=-
D.C. 
Bar No. 429716 

D.C. 
Bar No. 495488 Suite 800 

425 Third Street, S.W. shington, 20024 
(202) 646-5172 
Attorneys for Plaint i.ff