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Judicial Watch • JW Compliance Complaint Against DOD and CIA

JW Compliance Complaint Against DOD and CIA

JW Compliance Complaint Against DOD and CIA

Page 1: JW Compliance Complaint Against DOD and CIA

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Number of Pages:5

Date Created:January 11, 2012

Date Uploaded to the Library:October 30, 2012

Tags:pictures, Bigelow, Compliance, ELLISON, laden, Dod, access, Defense, defendants, Plaintiffs, requests, complaint, responsive, Pentagon, September, plaintiff, request, records, FOIA, Washington, court, 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.
US. DEPARTMENT DEFENSE,
1600 Defense Pentagon
Washington, 20301-1600,
and
CENTRAL INTELLIGENCE AGENCY
Office General Counsel
Washington, 20505,
Defendants.
_{_)
COMPLAINT
~D,1////C/C/C/C/C/C/44C/WC/V
Plaintiff Judicial Watch, Inc. brings this action against Defendants US. Department
Defense and the Central Intelligence Agency compel compliance with the Freedom
Information Act, USC. 552 FOIA grounds therefor, Plaintiff alleges follows:
JURISDICTION AND VENUE The Court hasjurisdiction over this action pursuant U,S.C. 552(a)(4)(B) and U.S.C, 1331. Venue proper this district pursuant USC. l39l(e).
PARTIES Plaintiff non-profit, educational foundation organized under the laws olithc
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 delity the rule law. furtherance its public interest
mission, Plaintiff regularly requests access the public records federal, state, and local
government agencies, entities, and ces, and disseminates its ndings the public. The US. Department Defense the DoD agency the United States
Government and headquartered l600 Defense Pentagon, Washington, 20301-1600.
Defendant has possession, custody, and control records which Plaintiff seeks access. The Central Intelligence Agency the CIA agency the United States
Government and headquartered Langley, Virginia. Defendant has possession, custody, and
control records which Plaintiff seeks access.
STATEM FACTS August 2011, Plaintiff sent OIA request the DoD seeking access
information concerning meetings and communications between the DoD and lmmaker Kathryn
Bigelow, the Academy Award~winning director Hurt Locker (2008) and Point Break 991). Speci cally, Plaintiff sought records communication between any cer, official,
employee ofthe DoD and Ms, Bigelow, well wit.h Mr. Mark Boal, Ms. Megan Ellison,
employees Annapurna Pictures, concerning planned regarding the killing ofOsama
(Usama) Bin Laden. Ms. Bigelow, Mr. Boal, Ms. Ellison, and Annapurna Pictures are involved the project, which tentatively titled Killing bin Laden. Plaintiffs FOIA request also
sought access all records ofcommunication between Dol) cers, officials, employees and
any other individuals, entities, government agencies concerning the same planned lm, and all
other DOD records concerning it. letter dated August 22, 201 the DOD acknowledged receipt Plaintiff
FOIA request and designated the request case number ll-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 .S.C. 5SZ(a)(6)(A)(i), the Del) would have been required
respond Plaintif1 FOIA request within twenty (20) working days August 2011,
September 2011. light ofthe unusual circumstances cited DoD, pursuant US.
552(a)(())(B)(i) the DoD was entitled additional (10) working days respond, September
20, 201 Also August 2011, P1aintiftsentaFOIA request the CIA seeking access
all records communication between any officer, cial, employee the CIA and Ms.
Bigelow, Mr, Boal, Ms. Ellison, employees Annapurna Pictures concerning planned
regarding the killing Osama (Usama) Bin Laden, tentatively titled Killing bin Laden.
Plaintiff 01A request also sought access all records communication between CIA ollicers,
officials, employees and any other individuals, entities, government agencies concerning the
same planned lm, and all other CIA records concerning it.
10. letter dated August 16, 201 the CIA acknowledged receipt August 201 Plaintift FOIA request and designated the request case number 2()11-02001.
addition, the CIA advised Plainti
The large number FOIA requests CIA 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 ofAugust 16, 20l September
20l
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. Because Defendants have failed comply with the time limit set forth UrS.C.
552(a)(6)(A)(i) SS2(a)(6)(B)(i), Plaintiffis deemed have exhausted any and all
administrative remedies with respect its FOIA requests. U.S.C. 5S2(a)(6)(C).
COUNT
(Violation F0lA, U.S.C. 552)
14. Plaintiff realleges paragraphs through fully stated herein.
l5. Defendants are unlawfully withholding records requested Plaintiff pursuant U.S.C. 552.
to. Plaintilfis being irreparably harmed Defendants unlawful withholdings
requested records, and Plaintiff will continue irreparably harmed unless Defendants are
compelled conform their conduct the requirements tlie law.
WllliR[ 0RE, Plaintiff respectfully requests that the Court: (1) order Defendants
conduct searches for any and all records responsive Plaintiffs FOIA requests and demonstrate
that they have 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
.4.
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 dccmsjust
and proper.
Dated: Januaryl}, 2012
Respectfully submitted,
JUDICIAL WATCH, INC.
D.C. Bar N0y4297l6
,2,
Chris Fedeli
l).C, Bar No. 472919
JUDICIAL WATCH, INC.
425 Third Street, SW, Ste. 800
Washington, 20024
(202) 646-5172
Attorneys/or Plaintiff