Skip to content

Judicial Watch • JW v DOJ Comey Trump memo complaint 01189

JW v DOJ Comey Trump memo complaint 01189

JW v DOJ Comey Trump memo complaint 01189

Page 1: JW v DOJ Comey Trump memo complaint 01189

Category:

Number of Pages:4

Date Created:June 16, 2017

Date Uploaded to the Library:June 16, 2017

Tags:01189, memo, Comey, Trump, produce, Pennsylvania, requested, complaint, justice, responsive, defendant, filed, plaintiff, FBI, request, document, DOJ, records, FOIA, department, states, Washington, united


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case 1:17-cv-01189 Document Filed 06/16/17 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 JUSTICE,
950 Pennsylvania Avenue
Washington, 20530-0001,
Defendant.
____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
Justice 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, accountability,
and integrity government and fidelity the rule law. part its mission, Plaintiff
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
Case 1:17-cv-01189 Document Filed 06/16/17 Page
responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant U.S. Department Justice agency the United States
Government. Defendant has possession, custody, and control records which Plaintiff seeks
access. Defendant headquartered U.S. Department Justice, 950 Pennsylvania Avenue
NW, Washington, 20530-0001.
STATEMENT FACTS May 16, 2017, Plaintiff submitted FOIA request the Federal Bureau
Investigation FBI component Defendant, seeking the following:
The memorandum written former Director James Comey memorializing his
meeting and conversation with President Trump regarding the FBI investigation potential Russian interference the 2016 United States presidential election.
For purposes clarification, this memorandum was reportedly written
about February 13, 2017 and the subject New York Times article
(enclosed) dated May 16, 2017.
The request was served via the FBI eFOIAP system and, accordingly, was received the same
day was sent. letter dated May 23, 2017, Defendant acknowledged receiving Plaintiff
request and advised Plaintiff that the request had been assigned FOIPA Request No. 1374122000. 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.
-2-
Case 1:17-cv-01189 Document Filed 06/16/17 Page
COUNT
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
Plaintiff being irreparably harmed reason Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
10. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request within twenty (20) working
days receiving the request. Accordingly, Defendant determination was due about June
14, 2017. 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, 711 F.3d 180, 188-89
(D.C. Cir. 2013).
11.
Because Defendant failed determine whether comply with Plaintiff 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 Plaintiff FOIA request and demonstrate that
employed search methods reasonably likely lead the discovery 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
-3-
Case 1:17-cv-01189 Document Filed 06/16/17 Page
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: June 16, 2017
Respectfully submitted,
/s/ Paul Orfanedes
Paul Orfanedes
D.C. Bar No. 429716
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
-4-