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Judicial Watch • JW v. DOJ Hillary Clinton 302s complaint 02046

JW v. DOJ Hillary Clinton 302s complaint 02046

JW v. DOJ Hillary Clinton 302s complaint 02046

Page 1: JW v. DOJ Hillary Clinton 302s complaint 02046

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Number of Pages:5

Date Created:October 13, 2016

Date Uploaded to the Library:October 28, 2016

Tags:02046, foipa, appeal, Bill Clinton, hillary, letter, complaint, justice, responsive, Hillary Clinton, September, defendant, clinton, filed, plaintiff, request, document, DOJ, federal, records, FOIA, department, office, Washington


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Case 1:16-cv-02046 Document Filed 10/13/16 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, S.W., Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT JUSTICE,
950 Pennsylvania Avenue, N.W.
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 1:16-cv-02046 Document Filed 10/13/16 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 July 2016, Plaintiff submitted FOIA request the Federal Bureau
Investigation, component Defendant, seeking the following:
Any and all FD-302 forms prepared pursuant the Federal
Bureau Investigation investigation former Secretary State Hillary Clinton use private e-mail server
during her tenure.
Any and all records communications between any agent,
employee, representative the Federal Bureau
Investigation regarding, concerning, related the
aforementioned investigation. This request includes, but
not limited to, an[y] related communications with any
official, employee, representative the Department
Justice, the Executive Office the President, the
Democratic National Committee, and/or the presidential
campaign Hillary Clinton.
Any and all records regarding, concerning, related the
meeting between Attorney General Lynch and former
President Bill Clinton June 27, 2016.
The request was submitted certified mail and email. three letters dated July 15, 2016, Defendant acknowledged receipt
Plaintiff FOIA request. Defendant assigned FOIAPA Request No. 1354023-000 part one
Plaintiff FOIA request. Defendant assigned FOIAPA Request No. 1354029-000 part two
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Case 1:16-cv-02046 Document Filed 10/13/16 Page
Plaintiff FOIA request. Defendant assigned FOIAPA Request No. 1354040-000 part three Plaintiff FOIA request. letter dated August 2016, Defendant advised Plaintiff that part one its
request, which had been assigned FOIPA Request No. 1354023-000, was being closed
administratively. The letter also stated, The material responsive FOIA request 1354023-000
will processed FOIA 1354043-000, they share the same information. Responsive 302
forms will processed within the request for any and all materials concerning the e-mail server
investigation. The letter advised Plaintiff that could appeal the Director Defendant
Office Information Policy. Plaintiff did not submit FOIPA Request No. 13545043-000 and
does not know when was submitted, who submitted it, what records were requested. about September 2016, Defendant sent Plaintiff letter regarding FOIPA
Request No. 1354043-000. The letter began, This response your Freedom
Information Act (FOIA request, although Plaintiff request FOIPA Request No. 1354023000 and Defendant previously informed Plaintiff that FOIPA Request No. 1354023-000 had
been closed. The letter continued, Records responsive your request are currently being
processed. The letter informed Plaintiff that interim release information was being
posted Defendant public website. also advised Plaintiff that Plaintiff could appeal the
Director Defendant Office Information Policy although, again, Plaintiff did not submit
FOIPA Request No. 1354043-000. about September 2016, Plaintiff appealed the administrative closing
its request, FOIPA Request No. 1354023-000, the Director Defendant Office
Information Policy.
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Case 1:16-cv-02046 Document Filed 10/13/16 Page
10. letter dated September 15, 2016, Defendant acknowledged receiving
Plaintiff appeal September 12, 2016. Plaintiff has received further word from Defendant
regarding the appeal.
11. the date this Complaint, Defendant has failed to: (i) gather and review all
the records requested Plaintiff; (ii) determine and communicate Plaintiff the scope any
responsive records Defendant intends 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). Defendant also has failed make determination with respect Plaintiff appeal. U.S.C. 552(a)(6)(A)(ii).
COUNT
(Violation FOIA, U.S.C. 552)
12.
Plaintiff realleges paragraphs through fully stated herein.
13.
Plaintiff being irreparably harmed reason Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
14.
Because Defendant failed determine whether comply with Plaintiff request
and/or determine whether comply with Plaintiff appeal within the time 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
conduct searches for any and all records responsive Plaintiff FOIA request and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA request; (2) order Defendant produce, date certain, any and all non-4-
Case 1:16-cv-02046 Document Filed 10/13/16 Page
exempt records Plaintiff 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 Plaintiff 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: October 13, 2016
Respectfully submitted,
/s/ Michael Bekesha
Michael Bekesha
D.C. 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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