Skip to content

Judicial Watch • 8_16STAMPEDComplaint

8_16STAMPEDComplaint

8_16STAMPEDComplaint

Page 1: 8_16STAMPEDComplaint

Category:General

Number of Pages:5

Date Created:August 15, 2012

Date Uploaded to the Library:February 20, 2014

Tags:Napolitano, Homeland, Memorandum, determination, defendants, requests, Pursuant, DHS, Secretary, security, defendant, watch, plaintiff, request, records, DOJ, department, states, Washington, united, EPA, ICE, CIA


File Scanned for Malware

Donate now to keep these documents public!

  • demand_answers

See Generated Text   ˅

Autogenerated text from PDF

THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 
    
JUDICIAL WATCH, INC. 
425 Third Street, SW, Suite 800 
Washington,  20024, 
Plaintiff, Civil Action No. 
U.S. DEPARTMENT JUSTICE 
950 Pennsylvania Avenue, 
Washington,  20530-0001, 
and 
UNITED STATES DEPARTMENT 
HOMELAND SECURITY, 
601 South 12th Street 
Arlington, 22202, 
Defendants. 
___________________________________ 
 
COMPLAINT 
 Plaintiff Judicial Watch, Inc. brings this action against Defendants U.S. Department Justice and U.S. Department Homeland Security 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 Judicial Watch, Inc. not-for-profit, educational foundation organized under the laws the District Columbia and having its principal place business 425 Third 
Street, SW, Suite 800, Washington,  20024.  Plaintiff seeks promote integrity, transparency, and accountability government and fidelity the rule law. furtherance its public interest mission, Judicial Watch regularly requests access public records federal, state, and local government agencies and officials and disseminates its findings the public. Defendant U.S. Department Justice (DOJ) agency the U.S. Government and headquartered 950 Pennsylvania Avenue, NW, Washington, 20530-0001.  Defendant has possession, custody, and control public records which Plaintiff seeks access. Defendant U.S. Department Homeland Security (DHS) agency the United States Government and headquartered United States Department Homeland Security, 601 South 12th Street, Arlington, 22202.  Defendant has possession, custody, and control public records which Plaintiff seeks access. 
STATEMENT FACTS June 22, 2012, Plaintiff submitted FOIA request the Office Legal Counsel (OLC), component DOJ, seeking access the following public records: 
All records concerning, regarding, relating the Department Homeland Securitys decision exercise prosecutorial discretion with respect individuals who came the United States children outlined June 15, 2012 Memorandum Secretary Napolitano.  Such records include, but are not limited to, opinions, memoranda, legal advice rendered the Office Legal Counsel. letter dated July 20, 2012, OLC acknowledged receiving Plaintiffs FOIA request June 25, 2012 and assigned the request tracking number FY12-096. OLCs July 20, 2012 letter did not state whether determination comply with Plaintiffs FOIA request had been made.  Nor did the letter notify Plaintiff any such determination, the reasons therefor, the right appeal any adverse determination. Pursuant U.S.C.  552(a)(6)(A)(i), OLC was required determine whether comply with Plaintiffs FOIA request within twenty (20) working days after its receipt the request June 25, 2012, July 24, 2012. also was required notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination. 
 10. June 22, 2012, Plaintiff also submitted FOIA request DHS seeking access the following public records: 
(1)  All records concerning, regarding, relating the DHS decision exercise prosecutorial discretion with respect individuals who came the United States children outlined June 15, 2012 Memorandum Secretary Napolitano.  Such records include, but are not limited to, communications, meeting notes and agenda, briefing materials, and policy memoranda. 
 
(2)  All records concerning, regarding, relating the legal authority for the DHS decision exercise prosecutorial discretion with respect individuals who came the United States children outlined June 15, 2012 Memorandum Secretary Napolitano. 
 
 11. letter dated July 2012, DHS acknowledged receiving Plaintiffs request June 28, 2012 and assigned the request reference number DHS/OPS/PRIV 12-0559. addition, DHS informed Plaintiff that, pursuant U.S.C. 552(a)(6)(B)(i)-(iii), had granted itself ten day extension time which make determination Plaintiffs request. 
 12. DHSs July 2012 letter did not state whether determination comply with Plaintiffs FOIA request had been made.  Nor did the letter notify Plaintiff any such determination, the reasons therefor, the right appeal any adverse determination. 
 13. Pursuant U.S.C.  552(a)(6)(A)(i), DHS was required determine whether comply with Plaintiffs FOIA request within twenty (20) working days after its receipt the request and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination.  Because DHS had granted itself extension time pursuant U.S.C. 552(a)(6)(B)(i), its determination was not due until August 10, 2012 the latest. 
14. the date the Complaint, Defendants have failed to: (i) determine whether comply with Plaintiffs FOIA requests; (ii) notify Plaintiff any such determinations the reasons therefor; (iii) advise Plaintiff the right appeal any adverse determinations; (iv) produce the requested records otherwise demonstrate that the requested records are exempt from production. 
15. Because Defendants have failed comply with the time limits set forth U.S.C. 552(a)(6)(A) and U.S.C. 552(a)(6)(B)(i), Plaintiff deemed have exhausted any and all administrative remedies with respect its FOIA requests, pursuant U.S.C. 552(a)(6)(C). 
COUNT 
(Violation FOIA, U.S.C.  552) 
 16. Plaintiff realleges paragraphs through fully stated herein. 
 17. Defendants are unlawfully withholding public records requested Plaintiff pursuant U.S.C.  552. 
 18. Plaintiff being irreparably harmed reason Defendants unlawful withholding the requested public records, and Plaintiff will continue irreparably harmed unless Defendants are compelled conform their conduct the requirements the law. 
 WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendants conduct searches for any and all records responsive Plaintiffs FOIA requests and demonstrate 
that they employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOIA requests; (2) order Defendants produce, date certain, any and all non-exempt records responsive Plaintiffs FOIA requests and Vaughn indexes any responsive records withheld under claim exemption; (3) enjoin Defendants from continuing withhold any and all non-exempt records responsive Plaintiffs FOIA requests; (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:  August 15, 2012    Respectfully submitted, 
/s/ Paul Orfanedes        
Paul Orfanedes (D.C. Bar No. 429716) 
JUDICIAL WATCH, INC. 
425 Third Street, S.W., Suite 800 
Washington, 20024 
(202) 646-5172 
 
Counsel for Plaintiff



Sign Up for Updates!