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FOIA Obamas Uncle

FOIA Obamas Uncle

Page 1: FOIA Obamas Uncle

Category:General

Number of Pages:4

Date Created:April 11, 2012

Date Uploaded to the Library:February 20, 2014

Tags:Uncle, Obamas, FOIA


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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 

JUDICIAL WATCH, INC.,  
425 Third Street, W., Suite 800  
Washington,  20024,  Case: 12-cv-00563  Assigned To: Kollar-Kotelly, Colleen  

Plaintiff, 
Assign. Date 4/11/2012 UNITED STATES DEPARTMENT HOMELAND SECURJTY, 601 South 12th Street Arlington, 22202, 
Defendant. 

COMPLAINT 
Plaintiff Judicial Watch, Inc. ("Plaintiff') brings this action against Defendant United 
States Department Homeland Security ("Defendant") 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.  39l(e). 
Plaintiff non-profit, educational foundation organized under the laws the 

PARTIES 
District Columbia and having its principal place business 425 Third Street, SW, Suite 800, 
Washington, 20024. Plruntiff 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 agency the United States Govemment and headquartered United States Department Homeland Security, South 12th Street, Arlington, 22202. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS September 2011, Plaintiff submitted FOIA request U.S. Immigration and 
Customs Enforcement ("ICE"), component Defendant, email and certified mail. 
Plaintiff's September 2011 request sought access the following public records: 
All records communications, contacts, and correspondence between ICE and the following entities concerning relating Onyango Obama, who was arrested Framingham, Massachusetts August 25, 2011 (sic): 
 
The Framingham Policy Department; 
 
The White llouse; 
 
The Executive Office the President; 
 
'lbe Department Justice. 	All records communications between any officials, officers, employees ICE concerning relating Onyango Obama. September 12, 2011, Plaintiff submitted second FOIA request ICE, 
email and certified mail. Plaintiffs September 12, 2011 request sought access the following 
public records: 	All records commlll1ications, contacts, and correspondence between ICE and the following entities concerning relating Onyango Obama, who was arrested Framingham, Massachusetts August 24, 2011 and released from federal custody the Plymouth Colll1ty House Correction September 2011, via "order supervision": 
The Framingham Policy Department; 
The Plymouth County Sheriffs Department; 
The White House; 
The Executive Office the President; 
The Department Justice. 	All records communications between any officials, officers, employees ICE concerning relating Onyango Obama. letter dated September 20, 2011, ICE acknowledged receipt PlaintifPs September 2011 and September 12, 2011 requests and indicated that was consolidating the two requests because they sought similar information. ICE's letter also stated that considered the consolidated request have been received its FOlA office September 20, 2011. 
Pursuant U.S.C.  552(a)(6)(A)(i), Defendant was required dete1mine whether comply with Plaintifrs requests within twenty (20) working days, October 19th, 2011, and notify Plaintiff immediately its determination. the reasons therefor, and the right appeal any adverse determination. the date this Complaint, Defendant has failed to: (i) determine whether comply with Plaintiff's 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. 

10. 
Because Defendant 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) 	Pl:::iintiff rea!!eges paragraphs through fully stated herein. 
12. 
Defondanl unlawfully withholding public records requested Plaintiff pursuant U.S.C.  552. 

13. Plaintiff being irreparably harmed reason Defendant's unlawful withholding the requested public records, and Plaintiff will continue irreparably haimed Wlless Defondant compelled conform its conduct the requirements the law. 

WlJEREFORE, Plaintiff respectfully requests that the Com1: (1) order Defendant conduct search for any and all records responsive Plaintiffs fOlA requests and demonstrate that employed search methods reasonably likely lead the discovery ofrecords responsive Plaintiffs FOIA requests; (2) order Oefendant produce, date certain, any and all non-exempt records responsive Plaintiirs 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 Plaintiffs FOIA requests; 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: April 11, 2012 Respectfully submitted, 
JUDICIAL WATCI INC. 

David Rothstein 
D.C. Bar No. 450035 425 Third Street, S.W., Suite 800 Washington, 20024 
(202) 646-5172 
Attorneys for Plaintiff