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Judicial Watch • JW v. Defense & DHS VIP travel complaint 00836

JW v. Defense & DHS VIP travel complaint 00836

JW v. Defense & DHS VIP travel complaint 00836

Page 1: JW v. Defense & DHS VIP travel complaint 00836

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Number of Pages:8

Date Created:May 5, 2017

Date Uploaded to the Library:May 08, 2017

Tags:00836, Melania, VIP, marine, Unknown, Beach, Secret Service, Trump, determination, received, Defense, defendants, requests, complaint, DHS, Pentagon, president, Obama, plaintiff, request, records, travel, Supreme Court, FOIA, Washington


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Case 1:17-cv-00836-APM Document Filed 05/05/17 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT DEFENSE,
1400 Defense Pentagon
Washington, 20301,
and
U.S. DEPARTMENT
HOMELAND SECURITY,
Office the General Counsel
245 Murray Lane
Mailstop 0485
Washington, 20528,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendants U.S. Department
Defense and U.S. Department Homeland Security 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).
Case 1:17-cv-00836-APM Document Filed 05/05/17 Page
PARTIES
Plaintiff Judicial Watch, Inc. not-for-profit, educational organization
incorporated under the laws the District Columbia and headquartered 425 Third Street
SW, Suite 800, Washington, 20024. Plaintiff seeks promote transparency, integrity, and
accountability government and fidelity the rule law. part its mission, Plaintiff
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
agencies responses and disseminates both its findings and the requested records the American
public inform them about what their government to.
Defendant U.S. Department Defense agency the U.S. Government and headquartered 1400 Defense Pentagon, Washington, 20301. Defendant has possession,
custody, and control records which Plaintiff seeks access.
Defendant U.S. Department Homeland Security agency the U.S.
Government and headquartered 245 Murray Lane SW, Washington, 20528. Defendant
has possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS
The U.S. Air Force Air Force and the U.S. Marine Corps Air Facility Marine Corps are components Defendant U.S. Department Defense.
The U.S. Secret Service Secret Service component Defendant U.S.
Department Homeland Security.
Beginning early February and continuing through March 2017, Plaintiff served
multiple FOIA requests the Air Force, the Marine Corps, and the Secret Service, seeking
access records about VIP travel.
-2-
Case 1:17-cv-00836-APM Document Filed 05/05/17 Page
Plaintiff FOIA requests the Air Force sought any and all records concerning
(i) mission taskings; (ii) transportation costs; and (iii) passenger manifests (DD-2131) for the
following persons and trips:
U.S. Supreme Court Nominee Neil Gorsuch
(Denver, Washington, January 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
First Lady Melania Trump
(Palm Beach, February 3-6, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
02/27/17
03/27/17
Unknown
President Donald Trump
(Palm Beach, February 17-21, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
02/14/17
03/15/17
2017-01604-F
First Lady Melania Trump
(Palm Beach, February 10-13, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
02/14/17
03/15/17
2017-01639-F
02/23/17
03/23/17
Unknown
First Lady Melania Trump
(Palm Beach, February 17-21, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
03/23/17
04/20/17
Unknown
-3-
Case 1:17-cv-00836-APM Document Filed 05/05/17 Page
Vice President Mike Pence
(Houston, February 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
First Lady Melania Trump
(Palm Beach, March 3-6, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
02/14/17
03/15/17
2017-01606-F
03/09/17
04/06/17
2017-01929-F
President Donald Trump
(Palm Beach, March 17-20, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
03/22/17
04/19/17
Unknown
The requests were received the Air Force, and the Air Force determinations were due the
dates indicated. The Air Force has assigned the requests the FOIA/File numbers indicated.
10.
Plaintiff FOIA request the Marine Corps sought any and all records
concerning (i) mission taskings; (ii) transportation costs; and (iii) passenger manifests (DD2131) for all President Trump February 2017 trips Marine One. The request was
received the Marine Corps March 20, 2017, and the Marine Corps determination was due April 17, 2017. Plaintiff knowledge, FOIA/File number has been assigned the
request.
11.
Plaintiffs FOIA requests the Secret Service sought all records concerning the
use U.S. Government funds provide security and/or any other services the following
persons and any companions for the trips identified:
-4-
Case 1:17-cv-00836-APM Document Filed 05/05/17 Page
President Barack Obama
(Honolulu, December 2016/January 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.
President Donald Trump
(Palm Beach, February 3-6, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
04/05/17
05/03/17
20171328
First Lady Melania Trump
(Palm Beach, February 10-13, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.
03/03/17
03/31/17
20171123
President Donald Trump
(Palm Beach, February 10-13, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
03/03/17
03/31/17
20171125
First Lady Melania Trump
(Palm Beach, February 3-6, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
03/03/17
03/31/17
20170808
04/05/17
05/03/17
20171329
President Donald Trump First Lady Melania Trump
(Palm Beach, February 17-21, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
02/27/17
03/27/17
20171415
-5-
Case 1:17-cv-00836-APM Document Filed 05/05/17 Page
Vice President Mike Pence
(Houston, February 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
President Donald Trump First Lady Melania Trump
(Palm Beach, March 3-6, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
03/30/17
04/27/17
Unknown
First Lady Melania Trump
(Palm Beach, March 24-27, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
03/10/17
04/07/17
Unknown
President Donald Trump First Lady Melania Trump
(Palm Beach, March 17-20, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
02/16/17
03/17/17
20171124
03/30/17
04/27/17
Unknown
Ivanka Trump, Jared Kuschner, Eric Trump, and Donald Trump, Jr.
(Aspen, March 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
03/30/17
04/27/17
Unknown
The requests were received the Secret Service, and the Secret Service determinations were
due, the dates indicated. The Secret Service has assigned the requests the FOIA/File numbers
indicated.
12. the date this Complaint, the Air Force, the Marine Corps, and the Secret
Service have failed to: (i) determine whether comply with each request; (ii) notify Plaintiff
any such determination the reasons therefor; (iii) advise Plaintiff the right appeal any
-6-
Case 1:17-cv-00836-APM Document Filed 05/05/17 Page
adverse determination; (iv) produce the requested records otherwise demonstrate that the
requested records are exempt from production.
COUNT
(Violation FOIA, U.S.C. 552)
13.
Plaintiff realleges paragraphs through fully stated herein.
14.
Defendants are violating FOIA failing search for and produce all records
responsive Plaintiff requests demonstrate that the requested records are lawfully exempt
from production.
15.
Plaintiff being irreparably harmed Defendants violations FOIA, and
Plaintiff will continue irreparably harmed unless Defendants are compelled comply with
FOIA.
16. trigger FOIA administrative exhaustion requirement, Defendants were
required make determination with respect Plaintiff requests within twenty (20) working
days receiving the appeal. Accordingly, Defendants determinations were due before
the dates indicated paragraphs 10, and 11.
17.
Because Defendants failed make determinations with respect Plaintiff
requests 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 Defendants
search for any and all records responsive Plaintiff FOIA requests and demonstrate that they
employed search methods reasonably calculated uncover all records responsive the
requests; (2) order Defendants produce, date certain, any and all non-exempt records
responsive Plaintiff FOIA requests and Vaughn index any responsive records withheld
under claim exemption; (3) enjoin Defendants from continuing withhold any and all non-7-
Case 1:17-cv-00836-APM Document Filed 05/05/17 Page
exempt records responsive Plaintiff 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 2017
Respectfully submitted,
/s/ Lauren Burke
Lauren Burke
D.C. Bar No. 1028811
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
lburke@judicialwatch.org
Counsel for Plaintiff
-8-