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Judicial Watch • FiledComplaint6_5

FiledComplaint6_5

FiledComplaint6_5

Page 1: FiledComplaint6_5

Category:General

Number of Pages:5

Date Created:May 31, 2012

Date Uploaded to the Library:February 20, 2014

Tags:Aspen, Force, defendants, SECRET, requests, colorado, service, defendant, Pentagon, government, plaintiff, Obama, request, records, Washington, EPA, IRS, ICE, CIA


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  • demand_answers

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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. AIR FORCE, 
1000 Air Force Pentagon     
Washington, 20330-1000, 
and  
U.S. SECRET SERVICE, 
245 Murray Drive, Building 410 
Washington, 20223, 
Defendants. 
___________________________________ 
 
 
COMPLAINT 
 
 Plaintiff Judicial Watch, Inc. brings this action against Defendants U.S. Air Force and U.S. Secret Service 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. Air Force (Air Force) agency the U.S. Government and headquartered 1000 Air Force Pentagon, Washington, 20330-1000.  The Air Force has possession, custody, and control certain public records which Plaintiff seeks access. Defendant U.S. Secret Service (Secret Service) agency the U.S. Government and headquartered 245 Murray Drive, Building 410, Washington, 20223.  The Secret Service has possession, custody, and control certain public records which Plaintiff seeks access. 
STATEMENT FACTS February 21, 2012, Plaintiff submitted FOIA request the Air Force, facsimile and certified mail, seeking access the following public records: Any and all records concerning mission taskings First Lady Michelle Obamas February 2012 trip Aspen, Colorado; 
 
ii. Any and all records concerning transportation costs for Mrs.  
 Obamas February 2012 trip Aspen, Colorado;  
 
iii. Any and all passenger manifests (DD-2131) for Mrs. Obamas February 2012 trip Aspen, Colorado. Although Plaintiff initially sent its FOIA request the Air Forces FOIA Headquarters Office, the request, which was assigned FOIA case number 2012-02506-F, was transferred the Air Mobility Command (AMC), component the Air Force, April 11, 2012. AMC acknowledged receipt Plaintiff's FOIA request April 11, 2012 and stated that would provide response Plaintiffs FOIA request May 23, 2012. subsequent communication dated April 25, 2012, AMC indicated that could not provide specific date for the production records responsive Plaintiffs FOIA request. Pursuant U.S.C.  552(a)(6)(A)(i), the Air Force was required determine whether comply with Plaintiffs request within twenty (20) working days after AMCs receipt the request April 11, 2012 and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination.  Accordingly, the Air Forces determination was due May 2012 the latest. 
10. February 21, 2012, Plaintiff submitted FOIA request the Secret Service, facsimile and certified mail, seeking access the following public records: 
All records concerning use U.S. Government funds provide security and/or any other services First Lady Michelle Obama, Malia Obama, Sasha Obama, and any companions their February 2012 trip Aspen, Colorado 
 
11. The Secret Service acknowledged receipt Plaintiffs FOIA request March 12, 2012 and assigned the request File No. 20120270.  
12. Pursuant U.S.C.  552(a)(6)(A)(i), the Secret Service 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.  Because Plaintiff sent its request the component Defendant designated Defendant receive FOIA requests, pursuant U.S.C.  552(a)(6)(A) this twenty (20) working day time period did not commence until ten (10) working days after Defendants receipt the request March 12, 2012.  Accordingly, Defendants determination was due April 23, 2012 the latest. 
13. the date this Complaint, Defendants the Air Force and the Secret Service (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.   
14. 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) 
 
 15. Plaintiff realleges paragraphs through fully stated herein. 
 16. Defendants are unlawfully withholding public records requested Plaintiff pursuant U.S.C.  552.   
 17. 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:  May 31, 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



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