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Judicial Watch • Danik v DOJ Complaint – Redacted 01792

Danik v DOJ Complaint – Redacted 01792

Danik v DOJ Complaint – Redacted 01792

Page 1: Danik v DOJ Complaint – Redacted 01792

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Number of Pages:6

Date Created:September 1, 2017

Date Uploaded to the Library:September 01, 2017

Tags:Danik, 01792, Subpart, Texts, Sought, McCabe, redacted, appeal, terry, complaint, Virginia, responsive, unclassified, defendant, filed, plaintiff, FBI, request, document, DOJ, records, FOIA, Washington


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Case 1:17-cv-01792 Document Filed 09/01/17 Page THE UNITED STATES DISTRICT OURT
FOR THE DISTRICT OLUMBIA
JEFFREY DANII<
Plaintiff,
U.S. DEPARTMENT JUSTICE,
950 Pennsylvania Avenue, .W.
Washington, 20530-0001,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Jeffrey Danik brings this action against Defendant U.S. Department Justice compel compliance with the Freedom Infonnation Act, U.S.C. 552. grounds
therefor, Plaintiff alleges follows:
JURISDICTION AND VENUE
The Comt 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. 139l (e).
PARTIES
Plaintiff Jeffrey Danik retired, superviso1 special agent, who worked for
the Federal Bureau Investigation for almost years.
Defendant U.S. Department Justice agency the United States
Government. Defendant has possession, custody, and control records which Plaintiff seeks
Case 1:17-cv-01792 Document Filed 09/01/17 Page
access. Defendant headquartered 950 Pennsylvania Avenue, NW, Washington, 205300001.
STATEMENT FACTS October 25, 2016, Plaintiff submitted FOIA request, electronic mail,
the FBI, component Defendant, seeking various types records concerning FBI Deputy
Director Andrew McCabe. The request had four subparts it, each them with date range
January 2015 October 2016
Subpart one the October 25, 2016 request sought text messages and emails
McCabe discussing conflicts interest, McCabe wife (Dr. Jill McCabe political
campaign, McCabe reporting the FBI any job interviews offers. also sought text
messages and emails McCabe containing Common Good VA, Terry McAuliffe,
Clinton, Virginia Democratic Party, Jill McCabe, well any variations those
terms. addition, Plaintiff identified the following three records systems that sought
searched:
FBI external UNCLASSIFIED email system (internet caf IC); and
FBI internal UNCLASSIFIED email system (INTRANET);
Texts any official FBI issued devices such phones.
Subpart two the October 25, 2016 request sought McCabe financial
disclosure forms.
Subpart three the October 25, 2016 request sought entries for McCabe the
FBI Enterprise Process Automation System concerning conflicts interest, job interviews and
employment offers, and Dr. McCabe political campaign.
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Case 1:17-cv-01792 Document Filed 09/01/17 Page
Subpart four the October 25, 2016 request sought records and reports FBI
officials who were assigned monitor political contributions Dr. McCabe campaign
ensure that subjects FBI investigations over which McCabe had control were not contributing
money.
10. letter dated November 2016, the FBI acknowledged receiving Plaintiff
October 25, 2016 FOIA request. addition, the FBI informed Plaintiff that was assigning
each subpart the request separate FOIA/PA Request Number.
11. relevance here, subpart one the October 25, 2016 FOIA request was
assigned FOIA/PA Request Number NFP-61739.
12. letter dated November 2016, the FBI denied FOIA/PA Request Number
NFP-61739, asserting that did not reasonably describe the records Plaintiff sought.
13. December 16, 2016, Plaintiff administratively appealed the FBI November 2016 determination with respect FOIA/PA Request Number NFP-61739.
14. letter dated June 14, 2017, the Office Information Policy, another
component Defendant, granted Plaintiff administrative appeal and remanded FOIA/PA
Request Number NFP-61739 the FBI for search for responsive records.
15. letter dated July 10, 2017, the FBI acknowledged receiving the remanded
appeal concerning FOIA/PA Request Number NFP-61739.
16. the date this Complaint, with respect the remanded appeal concerning
FOIA/PA Request Number NFP-61739, Defendant has failed to: (i) produce the requested
records demonstrate that the requested records are lawfully exempt from production; (ii)
notify Plaintiff the scope any responsive records Defendant intends produce withhold
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Case 1:17-cv-01792 Document Filed 09/01/17 Page
and the reasons for any withholdings; (iii) inform Plaintiff that may appeal any adequately
specific, adverse determination.
17. February 28, 2017, Plaintiff also submitted FOIA request the FBI, using
the FBI eFOIA system.
18.
The February 28, 2017 FOIA request was similar, but not identical, FOIA/PA
Request Number NFP-61739. Specifically, the request sought text messages and emails
McCabe containing Dr. Jill McCabe, Jill, Common Good VA, Terry McAuliffe,
Clinton, Virginia Democratic Party, Democrat, Conflict, Senate, Virginia Senate,
Until return, Paris, France, Campaign, Run, Political, Wife, Donation,
OGC, Email, New York Times. Plaintiff also identified the time frame for the request
January 2015 February 28, 2017 and identified the following three records systems that
sought searched:
FBI external UNCLASSIFIED email system (internet caf IC); and
19.
FBI internal UNCLASSIFIED email system (INTRANET);
Texts any official FBI issued devices such phones. letter dated March 27, 2017, the FBI acknowledged receiving Plaintiff
February 28, 2017 FOIA request and assigned FOIA/PA Request Number 1369822-000.
20. the date this Complaint, with respect Plaintiff February 28, 2017
FOIA request, Defendant has failed to: (i) produce the requested records demonstrate that the
requested records are lawfully exempt from production; (ii) notify Plaintiff the scope any
responsive records Defendant intends produce withhold and the reasons for any
withholdings; (iii) inform Plaintiff that may appeal any adequately specific, adverse
determination.
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Case 1:17-cv-01792 Document Filed 09/01/17 Page
COUNT
(Violation FOIA, U.S.C. 552)
21.
Plaintiff realleges paragraphs through fully stated herein.
22.
Plaintiff being irreparably harmed Defendant violation FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with
FOIA.
23. trigger FOIA administrative exhaustion requirement with respect
Plaintiff remanded appeal concerning FOIA/PA Request Number NFP-61739 and Plaintiff
February 28, 2017 FOIA Request, Defendant was required determine whether comply with
the requests within the time limits set FOIA. Accordingly, Defendant determinations were
due about August 2017 and April 24, 2017, respectively. minimum, Defendant was
obligated to: (i) gather and review the requested records; (ii) determine and communicate
Plaintiff the scope any responsive records Defendant intended produce withhold and the
reasons for any withholdings; and (iii) inform Plaintiff that may appeal any adequately
specific, adverse determination. See, e.g., Citizens for Responsibility and Ethics Washington Federal Election Commission, 711 F.3d 180, 188-89 (D.C. Cir. 2013).
24.
Because Defendant failed determine whether comply with Plaintiff
remanded appeal concerning FOIA/PA Request Number NFP-61739 and Plaintiff February 28,
2017 FOIA Request within the time required FOIA, Plaintiff deemed have exhausted his
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 requests and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA requests; (2) order Defendant produce, date certain, any and all non-5-
Case 1:17-cv-01792 Document Filed 09/01/17 Page
exempt records responsive Plaintiff FOIA requests 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 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: September 2017
Respectfully submitted,
/s/ Michael Bekesha
Michael Bekesha
D.C. Bar No. 995749
JUDICIAL WATCH, INC.
425 Third Street S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
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