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Judicial Watch • Filed Complaint FBI 6-4

Filed Complaint FBI 6-4

Filed Complaint FBI 6-4

Page 1: Filed Complaint FBI 6-4

Category:FOIA Request

Number of Pages:5

Date Created:June 4, 2012

Date Uploaded to the Library:September 29, 2014

Tags:State Department, FBI


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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, 
Plaintiff, Civil Action No. 
U.S. DEPARTMENT STATE, 2201 Street, N.W. Washington, 20520, and FEDERAL BUREAU INVESTIGATIONS, 935 Pennsylvania Avenue, Washington, 20535,
 Defendants.
 ___________________________________
 
COMPLAINT 
Plaintiff Judicial Watch, Inc. brings this action against Defendants U.S. Department 
State and the Federal Bureau Investigation 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. (Plaintiff) non-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, Plaintiff regularly requests access the public records federal, state, and local government agencies, entities, and offices, and disseminates its findings the public. 
Defendant U.S. Department State (State) agency the U.S. Government and headquartered 2201 Street, N.W., Washington, 20520. State has possession, custody, and control certain public records which Plaintiff seeks access. 
Defendant Federal Bureau Investigation (FBI) agency the U.S. Government and headquartered 935 Pennsylvania Avenue, NW, Washington, 20535. The FBI has possession, custody, and control certain public records which Plaintiff seeks access. 

STATEMENT FACTS September 30, 2011, Plaintiff submitted FOIA request State, facsimile 
and certified mail, seeking access the following public records: 
[A]ny and all records concerning, regarding related deceased individual named Anwar al-Awlaki, a/k/a Anwar Aulaqi. This individual was born April 22, 1971 Las Cruces, New Mexico and died about September 30, 2011. proof death, [Judicial Watch has] enclosed copy the New York Times obituary the individual. October 20, 2011, State acknowledged receipt Plaintiff's September 30, 2011 FOIA request and assigned the request Case Control Number 201108202. State indicated that [u]nusual circumstances (including the number and location Department components involved responding your request, the volume requested records, etc.) may arise that would require additional time process your request. State also indicated that would notify Plaintiff as soon responsive material has been retrieved and reviewed. Pursuant U.S.C.  552(a)(6)(A)(i), State was required determine whether comply with Plaintiffs request within twenty (20) working days after States receipt the request September 30, 2011 and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination. Accordingly, States determination was due October 31, 2011 the latest. September 30, 2012, Plaintiff submitted FOIA request the FBI, facsimile 
and certified mail, seeking access the following public records: 
[A]ny and all records concerning, regarding related deceased individual named Anwar al-Awlaki, a/k/a Anwar Aulaqi. This individual was born April 22, 1971 Las Cruces, New Mexico and died about September 30, 2011. proof death, [Judicial Watch has] enclosed copy the New York Times obituary the individual. 
10. The FBI acknowledged receipt Plaintiffs FOIA request October 2011 and assigned the request FOIPA Request No.: 1174529-000. 
11. Pursuant U.S.C.  552(a)(6)(A)(i), the FBI was required determine whether comply with Plaintiffs request within twenty (20) working days after receipt the request and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination. Accordingly, Defendants determination was due October 31, 2011 the latest. 
12. the date this Complaint, Defendants State and the FBI (Defendants) have failed to: (i) determine whether comply with Plaintiffs requests; (ii) notify Plaintiff any such determination the reasons therefor; (iii) advise Plaintiff the right appeal any adverse
 
determination; (iv) produce the requested records otherwise demonstrate that the requested records are exempt from production. 
13. Because Defendants 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 requests, pursuant U.S.C. 552(a)(6)(C). 

COUNT
 (Violation FOIA, U.S.C.  552)
 
14. Plaintiff realleges paragraphs through fully stated herein. 
15. 
Defendants are unlawfully withholding public records requested Plaintiff pursuant U.S.C.  552. 

16. 
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 search for any and all records responsive Plaintiffs FOIA requests and demonstrate that 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 index 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: June 2012 Respectfully submitted, 
JUDICIAL WATCH, INC. 
/S/ Paul Orfanedes 
D.C. Bar No. 429716
 425 Third Street, S.W., Suite 800
 Washington, 20024
 
(202) 646-5172
 
Attorneys for Plaintiff