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Judicial Watch • JW v. DHS Obama post white house travel complaint 00928

JW v. DHS Obama post white house travel complaint 00928

JW v. DHS Obama post white house travel complaint 00928

Page 1: JW v. DHS Obama post white house travel complaint 00928

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Number of Pages:4

Date Created:May 17, 2017

Date Uploaded to the Library:May 17, 2017

Tags:00928, Post, Homeland, SECRET, requests, White, complaint, service, responsive, DHS, security, defendant, filed, Obama, plaintiff, request, document, records, travel, FOIA, department, Washington


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Case 1:17-cv-00928 Document Filed 05/17/17 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
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 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).
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 1:17-cv-00928 Document Filed 05/17/17 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 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. Secret Service Secret Service component Defendant U.S.
Department Homeland Security. March 24, 2017, Plaintiff submitted FOIA request the Secret Service
seeking access the following records:
Any and all records former President Barack Obama movements,
schedule, activities, and/or meeting for January 21, 2017 through March
21, 2017. Such records include, but are not limited to, U.S. Secret Service
schedules and activity reports.
Because this request was sent email, was received the same day was sent,
March 24, 2017.
The Secret Service acknowledged receipt Plaintiff request email sent
April 18, 2017 and advised Plaintiff that its request had been assigned FOIA File Number
20171265. the date this Complaint, the Secret Service has 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 adverse determination; (iv)
produce the requested records otherwise demonstrate that the requested records are exempt
from production.
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Case 1:17-cv-00928 Document Filed 05/17/17 Page
COUNT
(Violation FOIA, U.S.C. 552)
10.
Plaintiff realleges paragraphs through fully stated herein.
11.
Defendant violating FOIA failing search for and produce all records
responsive Plaintiff request demonstrate that the requested records are lawfully exempt
from production.
12.
Plaintiff being irreparably harmed Defendant violations FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with
FOIA.
13. trigger FOIA administrative exhaustion requirement, Defendant was
required make determination with respect Plaintiff request within twenty (20) working
days receiving the appeal. Accordingly, Defendant determination were due before
April 24, 2017.
14.
Because Defendant 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 Defendant
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 Defendant 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 Defendant from continuing withhold any and all nonexempt records responsive Plaintiff FOIA requests; (4) grant Plaintiff award attorneys
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Case 1:17-cv-00928 Document Filed 05/17/17 Page
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 17, 2017
Respectfully submitted,
/s/ James Peterson
James Peterson
D.C. Bar No. 450171
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
jpeterson@judicialwatch.org
Counsel for Plaintiff
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