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Judicial Watch • Daily Caller v. DOJ 01830

Daily Caller v. DOJ 01830

Daily Caller v. DOJ 01830

Page 1: Daily Caller v. DOJ 01830

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Number of Pages:4

Date Created:September 6, 2017

Date Uploaded to the Library:September 07, 2017

Tags:01830, Caller, daily, Administrative, Cheney, determination, appeal, Pennsylvania, justice, responsive, president, defendant, filed, plaintiff, michael, FBI, request, document, DOJ, records, FOIA, Washington


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Case 1:17-cv-01830 Document Filed 09/07/17 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
THE DAILY CALLER NEWS FOUNDATION,
1050 17th Street, N.W., Suite 900,
Washington, 20036
Plaintiff,
U.S. DEPARTMENT JUSTICE,
950 Pennsylvania Avenue, N.W.,
Washington, 20530-0001,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff The Daily Caller News Foundation brings this action against Defendant U.S.
Department Justice compel compliance with the Freedom Information Act, U.S.C.
552. 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 The Daily Caller News Foundation has its principal place business
1050 17th Street, N.W., Suite 900, Washington, 20036.
Founded 2011 Tucker
Carlson, 20-year veteran print and broadcast media, and Neil Patel, former chief policy
adviser Vice President Dick Cheney, Plaintiff 501(c)(3) non-profit organization providing
original investigative reporting from team professional reporters that operates for the public
Case 1:17-cv-01830 Document Filed 09/07/17 Page
benefit. Plaintiff website reaches approximately three million unique monthly visitors and its
content, which available without charge any eligible news publisher, published The
Daily Caller, Yahoo News, Business Insider and growing host other media outlets, reaching combined audience estimated excess million readers.
Defendant U.S. Department Justice agency the United States
Government.
Defendant has possession, custody, and control records which Plaintiff
seeks access.
Defendant headquartered 950 Pennsylvania Avenue, NW, Washington,
20530-0001.
STATEMENT FACTS about June 2017, Plaintiff submitted FOIA request the Federal
Bureau Investigation, component Defendant, seeking all unclassified memoranda
authored former FBI Director James Comey that contemporaneously memorialized his
discussions with President Donald Trump and his aides. The time frame for the request was
from November 2016 May 2017. letter dated June 16, 2017, the FBI denied Plaintiff FOIA request, asserting
that the records responsive the request were exempt from disclosure pursuant FOIA
Exemption 7(A). June 20, 2017, Plaintiff administratively appealed the FBI June 16, 2017
final determination the Office Information Policy, another component Defendant. letter dated August 2017, OIP acknowledged receiving Plaintiff
administrative appeal August 2017. the date this Complaint, OIP has failed make determination
Plaintiff administrative appeal.
Case 1:17-cv-01830 Document Filed 09/07/17 Page
COUNT
(Violation FOIA, U.S.C. 552)
10.
Plaintiff realleges paragraphs through fully stated herein.
11.
Plaintiff being irreparably harmed Defendant violation FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with
FOIA.
12. trigger FOIA administrative exhaustion requirement with respect
Plaintiff administrative appeal, Defendant was required make determination Plaintiff
administrative appeal within the time limit set FOIA.
Accordingly, Defendant
determination was due August 30, 2017.
13.
Because Defendant failed make determination Plaintiff administrative
appeal within the time required FOIA, Plaintiff deemed have exhausted its administrative
appeal remedies. U.S.C. 552(a)(6)(C)(i).
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct searches for any and all records responsive Plaintiff FOIA request and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA request; (2) order Defendant produce, date certain, any and all nonexempt records responsive Plaintiff 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 FOIA request; (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.
Case 1:17-cv-01830 Document Filed 09/07/17 Page
Dated: September 2017
Respectfully submitted,
/s/ Michael Bekesha
Michael Bekesha
D.C. Bar No. 995749
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
Phone: (202) 646-5172
Counsel for Plaintiff