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Judicial Watch • JW v. CIA Watergate Hotel complaint 00146

JW v. CIA Watergate Hotel complaint 00146

JW v. CIA Watergate Hotel complaint 00146

Page 1: JW v. CIA Watergate Hotel complaint 00146

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Number of Pages:4

Date Created:January 29, 2016

Date Uploaded to the Library:February 18, 2016

Tags:ofFOIA, Watergate, 00146, produce, Plaintiffs, requested, hotel, complaint, responsive, defendant, filed, plaintiff, request, michael, document, records, FOIA, Washington, CIA


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Case 1:16-cv-00146 Document Filed 01/29/16 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, SW, Suite 800
Washington, 20024,
Plaintiff,
CENTRAL INTELLIGENCE AGENCY,
Office General Counsel
Washington, 20505,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant Central Intelligence
Agency compel compliance with the Freedom oflnformation 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 organization that
seeks promote transparency, integrity, and accountability government and fidelity the
rule law. part its educational mission, Plaintiff regularly requests records under FOIA,
analyzes the responses and any records receives, and disseminates its findings and the records the American public inform them about what their government to. US. Dep
Case 1:16-cv-00146 Document Filed 01/29/16 Page
Justice Reporters Committee for Freedom the Press, 489 U.S. 749, 795 (1989). Plaintiff
incorporated under the laws the District Columbia and headquartered 425 Third Street
SW, Suite 800, Washington, 20024.
Defendant agency the United States Government and headquartered
Langley, Virginia. Defendant has possession, custody, and control public records which
Plaintiff seeks access.
STATEMENT FACTS December 11, 2015, Plaintiff submitted FOIA request Defendant,
certified mail, seeking access the following: copy the CIA Inspector General [report) the Watergate Hotel breakin 1972 and subsequent political scandal.
According U.S. Postal Service Records, Defendant received Plaintiffs request December 17, 2015. the date this Complaint, Defendant has failed to: (i) produce the
requested records demonstrate that the requested records are lawfully exempt from
production; (ii) notify Plaintiff the scope any responsive records Defendant intends
produce withhold and the reasons for any withholdings; (iii) inform Plaintiff that may
appeal any adequately specific, adverse determination.
COUNT
(Violation ofFOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
Defendant violating FOIA failing search for and produce all records
responsive Plaintiffs request demonstrate that the requested records are lawfully exempt
from production.
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Case 1:16-cv-00146 Document Filed 01/29/16 Page
10.
Plaintiff being irreparably harmed reason Defendants violation ofFOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
withFOIA.
11. trigger FOIAs administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiffs request within twenty (20) working
days ofreceiving the request December 17, 2015. Accordingly, Defendants determination
was due about January 19, 2016. minimum, Defendant was required to: (i) gather and
review the requested documents; (ii) determine and communicate Plaintiff the scope any
responsive records Defendant intended produce withhold and the reasons for any
withholdings; and (iii) inform Plaintiff that may appeal any adequately specific, adverse
determination. See, e.g., Citizens for Responsibility and Ethics Washington Federal
Election Commission, 711F.3d180, 188-89 (D.C. Cir. 2013).
12.
Because Defendant failed determine whether comply with Plaintiffs request
within the time period required FOIA, Plaintiff deemed have exhausted its administrative
appeal remedies. U.S.C. 552(a)(6)(C)(i).
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
search for any and all records responsive Plaintiffs FOIA request and demonstrate that
employed search methods reasonably calculated uncover all records responsive the 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
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Case 1:16-cv-00146 Document Filed 01/29/16 Page
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: January 29, 2016
Respectfully submitted, Michael Bekesha
Michael Bekesha
D.C. Bar No. 995749
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
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