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Judicial Watch • JW v DHS email waivers 01772

JW v DHS email waivers 01772

JW v DHS email waivers 01772

Page 1: JW v DHS email waivers 01772

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Number of Pages:4

Date Created:October 21, 2015

Date Uploaded to the Library:November 17, 2015

Tags:Waivers, 01772, Homeland, determination, Plaintiffs, email, responsive, DHS, security, government, defendant, filed, plaintiff, document, request, records, FOIA, Washington, court, united


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Case 1:15-cv-01772 Document Filed 10/21/15 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, 20024,
Plaintiff,
UNITED STATES 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 Defendant U.S. Department
Homeland Security 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
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
Case 1:15-cv-01772 Document Filed 10/21/15 Page
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 United States Department Homeland Security (DHS
Defendant) agency the United States Government and headquartered 245 Murray
Lane SW, Washington, 20528. Defendant has possession, custody, and control records
which Plaintiff seeks access.
STATEMENT FACTS July 21, 2015, Plaintiff submitted FOIA request Defendant seeking access the following records:
Any and all requests (in any form) submitted senior
DHS officials for waivers use personal Web-based email
accounts government-owned computers.
11.
Copies any and all waivers granted senior DHS
officials use personal Web-based email accounts
government-owned computers.
The time frame the request was identified January 2015 the present date.
Enclosed with the request was July 20, 2015 report that Secretary Johnson and other senior DHS officials had sought and received such waivers. See Josh Rogin,
Homeland Security Leaders Bent Rule Private Email, Bloomberg View (July 20, 2015).
According the report, DHS Press Secretary Marsha Catron confirmed that the waivers were
granted case-by-case basis DHS Chief Information Officer Luke McCormack. letter dated August 2015, Defendant acknowledged receiving Plaintiffs
request July 21, 2015 and notified Plaintiff that the request had been assigned reference
number 2015-HQF0-00626.
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Case 1:15-cv-01772 Document Filed 10/21/15 Page
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine
whether comply with Plaintiffs request within twenty (20) working days after receipt the
request and notify Plaintiff immediately its determination, the reasons therefor, and the
right appeal any adverse determination. Because Defendant invoked the 10-day extension
time provision set forth U.S.C. 552(a)(6)(B), Defendants determination was due
September 2015 the latest. the date this Complaint, Defendant has failed to: (i) determine whether
comply with Plaintiffs request; (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 has 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 request, pursuant U.S.C. 552(a)(6)(C).
COUNT
(Violation ofFOIA, U.S.C. 552)
11.
Plaintiff realleges paragraphs through fully stated herein.
12.
Defendant violating FOIA failing conduct search reasonably calculated uncover all records responsive Plaintiffs request and unlawfully withholding records
responsive the request.
13.
Plaintiff being irreparably harmed reason Defendants violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
fully with FOIA.
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Case 1:15-cv-01772 Document Filed 10/21/15 Page
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
the request and Vaughn index any responsive records withheld under claim exemption;
(3) enjoin Defendant from continuing withhold any and all non-exempt records responsive
the request; (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: October 21, 2015
Respectfully submitted,
Isl James Peterson
James Peterson
D.C. Bar No. 450171
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
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