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Judicial Watch • JW v DOJ Complaint

JW v DOJ Complaint

JW v DOJ Complaint

Page 1: JW v DOJ Complaint

Category:IRS Scandal

Number of Pages:4

Date Created:June 17, 2014

Date Uploaded to the Library:July 08, 2014

Tags:Dod, complaint, DOJ, FOIA


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  • demand_answers

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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 
 
JUDICIAL WATCH, INC., 
425 Third Street, S.W., Suite 800 
Washington, 20024, 
Plaintiff, Civil Action No. 
U.S. DEPARTMENT JUSTICE, 
950 Pennsylvania Avenue, N.W. 
Washington, 20530,       
Defendant. 
 
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 foundation organized under the laws the District Columbia and has its principal place business 425 Third Street, S.W., Suite 800, Washington, 20024.  Plaintiff seeks promote transparency, accountability, and integrity government, politics, and the law. part its educational 

mission, Plaintiff regularly requests records under FOIA shed light the operations the federal government and educate the public about these operations.  Plaintiff then analyzes the agency records and disseminates the results its analysis, well the records themselves, the public. Defendant U.S. Department Justice agency the United States Government and headquartered 950 Pennsylvania Avenue, N.W., Washington, 20530.  Defendant has possession, custody, and control records which Plaintiff seeks access.  

STATEMENT FACTS February 25, 2014, Plaintiff submitted FOIA request Defendant certified mail, seeking access to:  

All Justice Department records from the Interactive Case Management System detailing the number hours DOJ Attorney Barbara Bosserman expended the investigation the Internal Revenue Service targeting conservative organizations seeking tax-exempt status the 2010 and 2012 elections cycles. According United States Postal Service records, Plaintiffs FOIA request was received Defendant March 2014. Pursuant U.S.C.  552(a)(6)(A)(i), the Defendant was required determine whether comply with Plaintiffs request within twenty (20) working days after its receipt the request and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination.  Because Plaintiff sent its request the component the Defendant designated receive FOIA requests, pursuant U.S.C.  552(a)(6)(A), this twenty (20) working day time period did not commence until ten (10) working days after the Defendants receipt the request March 2014.  Accordingly, the Defendants determination was due April 17, 2014 the latest. the date this Complaint, the 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. Because the 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 FOIA, U.S.C.  552) 
10. Plaintiff realleges paragraphs through fully stated herein. 

11. Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552. 

12. Plaintiff being irreparably harmed reason Defendants unlawful withholding records responsive Plaintiffs FOIA request, and Plaintiff will continue irreparably harmed unless Defendant compelled conform its conduct the requirements the law. 

WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant conduct search for any and all responsive records Plaintiffs FOIA request and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOIA 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 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 17, 2014      Respectfully submitted, 
        /s/ Michael Bekesha   
        Michael Bekesha Bar No. 995749 
        Judicial Watch, Inc. 
        425 Third Street, S.W., Suite 800 
        Washington, 20024 
        (202) 646-5172 
 
        Counsel for Plaintiff



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