Skip to content

Judicial Watch • JW v. DOJ & NSA Complaint 01002

JW v. DOJ & NSA Complaint 01002

JW v. DOJ & NSA Complaint 01002

Page 1: JW v. DOJ & NSA Complaint 01002

Category:

Number of Pages:6

Date Created:May 25, 2017

Date Uploaded to the Library:May 25, 2017

Tags:01002, NSA, Russian, Trump, Susan Rice, defendants, requests, AGENCY, complaint, justice, security, government, National, filed, plaintiff, request, document, DOJ, records, FOIA, department, Washington


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case 1:17-cv-01002 Document Filed 05/25/17 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,
and
NATIONAL SECURITY AGENCY,
9800 Savage Road
Fort Meade, 20755,
Defendants.
____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendants U.S. Department
Justice and the National Security Agency 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
Case 1:17-cv-01002 Document Filed 05/25/17 Page
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
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 and headquartered 950 Pennsylvania Avenue, NW, Washington, 205300001. The Justice Department has possession, custody, and control records which Plaintiff
seeks access.
Defendant National Security Agency agency the United States
Government and headquartered 9800 Savage Road, Fort Meade, 20755. The NSA has
possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS April 2017, Plaintiff submitted FOIA request the Justice Department
seeking: Any and all requests for information, analyses, summaries,
assessments, transcripts, similar records submitted
the Department Justice any official, employee,
representative thereof former National Security Advisor
Susan Rice regarding, concerning, related the
following:
Any actual suspected effort the Russian
government any individual acting behalf the
Russian government influence otherwise
interfere with the 2016 presidential election;
The alleged hacking computer systems utilized
the Democratic National Committee and/or the
Clinton presidential campaign;
-2-
Case 1:17-cv-01002 Document Filed 05/25/17 Page
Any actual suspected communication between
any member the Trump presidential campaign
transition team and any official employee the
Russian government any individual acting
behalf the Russian government;
The identities U.S. citizens associated with the
Trump presidential campaign transition team
who were identified pursuant intelligence
collection activities. Any and all records created and/or produced response
any request described part this request; and Any and all records communication between any official,
employee, representative the Department Justice
and any member, employee, staff member,
representative the National Security Council regarding,
concerning, related any request described Part
this request.
The time frame for this request January 2016 the
present. email dated May 2017, the Justice Department acknowledged receiving
Plaintiff FOIA request April 2017 and assigned Tracking Number DOJ-2017-003849. April 2017, Plaintiff also submitted FOIA request the NSA seeking: Any and all requests for information, analyses, summaries,
assessments, transcripts, similar records submitted
the National Security Agency any official, employee,
representative thereof former National Security Advisor
Susan Rice regarding, concerning, related the
following:
Any actual suspected effort the Russian
government any individual acting behalf the
Russian government influence otherwise
interfere with the 2016 presidential election;
-3-
Case 1:17-cv-01002 Document Filed 05/25/17 Page
The alleged hacking computer systems utilized
the Democratic National Committee and/or the
Clinton presidential campaign;
Any actual suspected communication between
any member the Trump presidential campaign
transition team and any official employee the
Russian government any individual acting
behalf the Russian government;
The identities U.S. citizens associated with the
Trump presidential campaign transition team
who were identified pursuant intelligence
collection activities. Any and all records created and/or produced response
any request described part this request; and Any and all records communication between any official,
employee, representative the National Security
Agency and any member, employee, staff member,
representative the National Security Council regarding,
concerning, related any request described Part
this request.
The time frame for this request January 2016 the
present. letter dated April 28, 2017, the NSA acknowledged receiving Plaintiff FOIA
request April 12, 2017 and assigned Case Number 101394.
10. the date this Complaint, the Justice Department and the NSA have 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 Defendants
intend produce withhold and the reasons for any withholdings; (iii) inform Plaintiff that may appeal any adequately specific, adverse determinations.
COUNT
(Violation FOIA, U.S.C. 552)
11.
Plaintiff realleges paragraphs through fully stated herein.
-4-
Case 1:17-cv-01002 Document Filed 05/25/17 Page
12.
Plaintiff being irreparably harmed Defendants violations FOIA, and
Plaintiff will continue irreparably harmed unless Defendants are compelled comply with
FOIA.
13. trigger FOIA administrative exhaustion requirement, Defendants were
required determine whether comply with Plaintiff requests within the time limits set
FOIA. Accordingly, the Justice Department determination was due about May 17, 2017,
and the NSA determination was due about May 10, 2017. minimum, Defendants
were obligated to: (i) gather and review the requested records; (ii) determine and communicate
Plaintiff the scope any responsive records Defendants intended produce withhold and the
reasons for any withholdings; and (iii) inform Plaintiff that may appeal any adequately
specific, adverse determinations. See, e.g., Citizens for Responsibility and Ethics Washington Federal Election Commission, 711 F.3d 180, 188-89 (D.C. Cir. 2013).
14.
Because Defendants failed determine whether comply with Plaintiff
requests 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 Defendants
conduct searches for any and all records responsive Plaintiff FOIA requests and demonstrate
that they employed search methods reasonably likely lead the discovery records
responsive Plaintiff FOIA requests; (2) order Defendants produce, dates certain, any
and all non-exempt records Plaintiff FOIA requests and Vaughn indices any responsive
records withheld under claim exemption; (3) enjoin Defendants from continuing withhold
any and all non-exempt records responsive Plaintiff FOIA requests; (4) grant Plaintiff
award attorneys fees and other litigation costs reasonably incurred this action pursuant
-5-
Case 1:17-cv-01002 Document Filed 05/25/17 Page
U.S.C. 552(a)(4)(E); and (5) grant Plaintiff such other relief the Court deems just and
proper.
Dated: May 24, 2017
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
-6-