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Judicial Watch • Judicial Watch v DOD CIA Complaint 01122012

Judicial Watch v DOD CIA Complaint 01122012

Judicial Watch v DOD CIA Complaint 01122012

Page 1: Judicial Watch v DOD CIA Complaint 01122012

Category:General

Number of Pages:5

Date Created:January 12, 2012

Date Uploaded to the Library:February 20, 2014

Tags:01122012, Dod, complaint, CIA


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  • demand_answers

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JUDICIAL WATCH, TNC., 
425 Third Street, S.W., Suite 800 
Washington, 20024, 
Plaintiff, Civil Action No. 
Case: 12-cv-00049 
U.S. DEPARTMENT DEFENSE, 
Assigned To: Walton, Reggie
1600 Defense Pentagon 
Assign. Date: 1/12/2012 
Washington, 20301-1600, 
Description: FOIA/Privacy Act 
and
CENTRAL lNTELLI.GENCE AGENCY 
Office General Counsel
Washington, 20505,
Defendants. 
COMPLAINT 
Plaintiff Judicial Watch, Inc. brings this action against Defendants U.S. Department 
Defense and the Central Intelligence Agency 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.  Ve1me proper this district pursuant U.S.C.  139l(e).  
PARTIES  Plaintiff non-profit, educational foundation organized under the laws the  

District Columbia and having ils principal place business 425 Third Street, W., Suite 
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. The U.S. Department Defense (''the DoD") agency lhe United States 
Government and headquartered 1600 Defense Pentagon, Washington, 20301-1600. Defendant has possession, custody, and control records which Plaintiff seeks access. The Central lntelligence Agency ("the CIA") agency the United States 
Government and headquartered Langley, Virginia. Defendant has possession, custody, and controI records which Plaintiff seeks access. 
STATEMENT FACTS August 2011, Plaintiffsent FOIA request the DoD seeking access 
information concerning meetings and communications between the DoD and filmmaker Kathryn 
Bigelow, the Academy Award-winning director The Hurt Locker (2008) and Point Break 991). Specifically, Plaintiff sought records communication between any officer, official, employee the DoD and Ms. Bigelow, well with Mr. Mark Boal, Ms. Megan Ellison, 
employees Annapurna Pictures, concerning planned film regarding the killing Osama 
(Usama) Bin Laden. Ms. Bigelow, Mr. Boal, Ms. EIJison, and Annapurna Pictures are involved the film project, which tentatively titled "Killing bin Laden." Plaintiff's FOIA request also 
sought access all records communication between DoD officers, officials, employees and 
any other individuals, entities, government agencies concerning the same planned film, and all 
other DoD records concerning it. letter dated August 22, 2011, the DoD acknowledged receipt Plaintiff's 
FOIA request and designated the request case number 1-F-1374. addition, the DoD 
advised Plaintiff: this time, are unable make release determination your 
request within the 20-day statutory time period there are unusual 
circumstances which impact our ability quickly process your request. Pursuant U.S.C.  552(a)(6)(A)(i), the DoD would have hcen required 
respond Plaintiffs FOIA request within twenty (20) working days August 2011, 
September 2011. light the "unusual circumstances" cited DoD, pursuant U.S.C.  
552(a)(6)(B)(i) the DoD was entitled additional (lO) working days respond, September 
20, 2011. 
Also August 201 Plain sent FOIA rcq uest the CIA seeking access 
all records communication between any officer, official, employee the ClA and Ms. 
Bigelow, Mr. Boal, Ms. Ellison, employees Annapurna Pictures concerning planned film 
regarding the killing Osama (Usama) Bin Laden, tentatively titled "Killing bin Laden." 
Plaintiffs FOTA request also sought access all records communication between CIA officers, 
officials, employees and any other individuals, entities, government agencies conccniing the 
same planned film, and all other CIA records concerning it. 
10. letter dated August 16, 2011, U1e CIA acknowledged receipt August 201l Plaintiff's FOIA request and designated the request case number f-2011-02001. 
addition, the CIA advised Plaintiff: 
The large number ofFOLA requests CTA received has created 
unavoidable delays making unlikely that can respond within the working days the FOIA requires. 
Pursuant U.S.C.  552(a)(6)(A)(i), the CIA was required respond 
Plaintiffs FOIA request within twenty (20) working days August 16, 2011 September 
2011. 
12. the date this Complaint, Defendants have failed produce any records 
responsive Plaintiffs requests demonstrate that responsive records are exempt from 
production. Nor have they indicated whether when they will produce any responsive records. 
13. Recause Defendants have failed comply with the time limit set forth U.S.C. 
 552(a)(6)(A)(i) 552(a)(6)(B)(i), Plaintiff deemed have exhausted any and all 
admjnistrative remedies with respect its FOlA requests. U.S.C.  552(a)(6)(C). 
COUNT 
(Violation .FOIA, U.S.C.  552) 
14. 
Plaintiff rcalleges paragraphs through fully stated herein. 

15. 
Defendants arc unlawfully withholding records requested Plaintiff pursuant u.s.c.  552. 
16. Plaintiff being irreparably harmed Defendants' unlawful withholdings 
requested records, and Plaintiff will continue irreparably harmed unless Defendants arc 
compelled conform their conduct the requirements the law. 
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendants 
conduct searches for any and all records responsive Plaintiff's FOIA requests and demonstrate 
that they have employed search methods reasonably likely lead the discovery records 
responsive Plaintill's FOIA requests; (2) order Defendants produce, date certain, any and 
all non-exempt records responsive Plaintiff's FOIA requests and Vaughn index any 
responsive records wilhhcld under claim exemption; (3) enjoin Dcfcnds.:nts from continuing 
withhold any and all non-exempt records responsive PlaintifI's FOIA requests; (4) grant 
pursuant U.S.C.  552(a)(4)(E) and (5) grant Plaintiff such other relief the Court deems just 
and proper. 
Dated: Januaryl.1:-, 2012 Respectfully submjtted, 
JUDICIAL WATCH, TNC.