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Judicial Watch • JW v FBI DOJ 718

JW v FBI DOJ 718

JW v FBI DOJ 718

Page 1: JW v FBI DOJ 718

Category:General

Number of Pages:5

Date Created:July 18, 2012

Date Uploaded to the Library:February 20, 2014

Tags:Islam, Avenue, Islamic, determination, investigation, defendants, Pennsylvania, requests, Pursuant, justice, defendant, plaintiff, FBI, request, White House, records, DOJ, federal, Washington, court, EPA, ICE, CIA


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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, SW, Suite 800 
Washington, D.C. 20024, 
Plaintiff, Civil Action No. 
FEDERAL BUREAU 
INVESTIGATION Edgar Hoover Building 
935 Pennsylvania Avenue, 
Washington,  20535-0001, 
and 
U.S. DEPARTMENT JUSTICE, 
950 Pennsylvania Avenue,     
Washington,  20530-0001 
Defendants. 
___________________________________ 
 
 
COMPLAINT 
 
 Plaintiff Judicial Watch, Inc. brings this action against Defendants Federal Bureau Investigation and 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. non-profit, educational foundation organized under the laws the District Columbia and having its principal place business 425 Third Street, SW, Suite 800, Washington, 20024.  Plaintiff seeks promote integrity, transparency, and accountability government and fidelity the rule law. furtherance its public interest mission, Plaintiff regularly requests access the public records federal, state, and local government agencies, entities, and offices, and disseminates its findings the public. Defendant Federal Bureau Investigation (FBI) agency the U.S. Government and headquartered 935 Pennsylvania Avenue, NW, Washington, 20535-0001.  Defendant has possession, custody, and control records which Plaintiff seeks access. Defendant U.S. Department Justice (DOJ) agency the U.S. Government and headquartered 950 Pennsylvania Avenue, NW, Washington, 20530-0001.  Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS March 2012, Plaintiff submitted FOIA requests Defendants FBI and DOJ, facsimile and certified mail, seeking access the following public records: Any and all records communications concerning relating February 2012 meeting between FBI Director Robert Mueller and various Islamic organizations; 
 
ii. Any and all records created preparation for, during, result the February 2012 meeting between FBI Director Robert Mueller and various Islamic organizations; 
 
iii. Any and all records communications between the Office the Attorney General and the following entities concerning relating the FBIs curricula Islam:  (a) the White House; (b) the Executive Office the President; (c) the Federal Bureau Investigation; (d) the Council for American Islamic Relations; (e) the National Iranian American Council; (f) the Muslim Brotherhood; (g) the Islamic Nahda Tunisia; (h) the Justice Party Morroco; and (i) any foreign governments. 
 
iv. Any and all records setting criteria guidelines for FBI curricula Islam records identifying potentially offensive material within the FBI curricula Islam. Any and all records directives recall and withdraw FBI presentations and curricula Islam. Defendant FBI acknowledged receipt Plaintiffs FOIA request March 20, 2012 and assigned the request control No. 1185745-000. Pursuant U.S.C.  552(a)(6)(A)(i), Defendant FBI was required determine whether comply with Plaintiffs request within twenty (20) working days after receipt the request and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination.  Because Plaintiff sent its FOIA request the service center designated Defendant FBI receive such requests, this twenty (20) working day time period did not commence until ten (10) working days after Defendants FBIs receipt the request March 20, 2012, pursuant U.S.C.  552(a)(6)(A).  Accordingly, Defendant FBIs determination was due May 2012 the latest. letter dated April 2012, Defendant DOJ acknowledged receipt Plaintiffs FOIA request March 14, 2012 and assigned the request control No. AG/12-00578 (F). 
10. Pursuant U.S.C.  552(a)(6)(A)(i), Defendant DOJ was required determine whether comply with Plaintiffs request within twenty (20) working days after receipt the request and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination.  Accordingly, Defendants determination was due April 11, 2012 the latest. 
11. the date this Complaint, Defendants have 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.   
12. Because Defendants have 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 requests, pursuant U.S.C.  552(a)(6)(C).  
COUNT 
(Violation FOIA, U.S.C.  552) 
 
 13. Plaintiff realleges paragraphs through fully stated herein. 
 14. Defendants are unlawfully withholding public records requested Plaintiff pursuant U.S.C.  552.   
 15. Plaintiff being irreparably harmed reason Defendants unlawful withholding the requested public records, and Plaintiff will continue irreparably harmed unless Defendants are compelled conform their conduct the requirements the law. 
 WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendants conduct searches for any and all records responsive Plaintiffs FOIA requests and demonstrate that they employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOIA requests; (2) order Defendants produce, date certain, any and all non-exempt records responsive Plaintiffs FOIA requests and Vaughn index any responsive records withheld under claim exemption; (3) enjoin Defendants from continuing withhold 
any and all non-exempt records responsive Plaintiffs FOIA requests; (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:  July 18, 2012     Respectfully submitted, 
JUDICIAL WATCH, INC. 
 
/S/ Paul Orfanedes   
D.C. Bar No. 429716 
425 Third Street, S.W., Suite 800 
Washington, 20024 
(202) 646-5172 
 
Attorneys for Plaintiff



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