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Judicial Watch • Filed Complaint

Filed Complaint

Filed Complaint

Page 1: Filed Complaint

Category:General

Number of Pages:4

Date Created:September 12, 2012

Date Uploaded to the Library:February 20, 2014

Tags:determination, deputy, appeal, Pursuant, Attorney, responsive, September, defendant, president, watch, Obama, plaintiff, request, records, judicial, office, Washington, court, 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, Civil Action No. 
U.S. DEPARTMENT JUSTICE 
950 Pennsylvania Avenue, N.W. 
Washington,  20530-0001, 
Defendant. 
___________________________________ 
 
COMPLAINT 
 Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department Justice 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, S.W., 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 agency the U.S. Government and headquartered 950 Pennsylvania Avenue, NW, Washington, 20530-0001.  Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS June 22, 2012, Plaintiff submitted FOIA request the Office Information Policy (OIP), component Defendant, seeking access copies of: 
All records subject the claim executive privilege invoked President Barack Obama about June 20, 2012, referenced the letter Deputy Attorney General James Cole the Honorable Darrell Issa, Chairman, Committee Oversight and Government Reform the U.S. House Representatives, dated June 20, 2012.  More specifically, the records requested herein are those records described Deputy Attorney General Cole his June 20, 2012 letter the relevant post-February, 2011, documents over which the President has asserted executive privilege. letter dated August 2012, OIP informed Plaintiff that the Offices the Attorney General and Deputy Attorney General had determined that the documents responsive Plaintiffs FOIA request should withheld full pursuant FOIA Exemption addition, the OIP stated that the documents are protected the Presidents assertion Executive Privilege.  Moreover, the OIP informed Plaintiff its right file administrative appeal within days.  The OIPs August 2012 letter however did not indicate that the OIP had conducted search for responsive records.  Nor did state how many responsive records were being withheld from Plaintiff. letter dated August 2012, Plaintiff sent timely administrative appeal the OIPs final determination. letters dated August 16, 2012, the Administrative Appeals Staff the OIP informed Plaintiff that had received Plaintiffs administrative appeal August 13, 2012.  The Administrative Appeals Staff the OIP assigned the appeal the Office the Attorney Generals determination Number AP-2012-03101 and assigned the appeal the Office the Deputy Attorney Generals determination Number AP-2012-03102.  The OIPs July August 16, 2012 letters did not state whether determination with respect Plaintiffs appeal had been made.  Nor did the letters inform Plaintiff any such determination notify Plaintiff the provisions for judicial review. Pursuant U.S.C.  552(a)(6)(A)(ii), the OIP was required make determination with respect Plaintiffs appeal within twenty (20) working days after its receipt the appeal, September 11, 2012. 
10. the close business September 12, 2012, the OIP failed make determination with respect Plaintiffs appeal. 
11. Because the OIP has failed comply with the time limits set forth U.S.C. 552(a)(6)(A)(ii), 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 public records requested Plaintiff pursuant U.S.C.  552. 
 14. Plaintiff being irreparably harmed reason Defendants unlawful withholding the requested public 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 records responsive Plaintiffs 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 Plaintiffs 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. 
Dated:  September 12, 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