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Judicial Watch • JW v ODNI security assessment HRC emails 00053

JW v ODNI security assessment HRC emails 00053

JW v ODNI security assessment HRC emails 00053

Page 1: JW v ODNI security assessment HRC emails 00053

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Number of Pages:4

Date Created:January 11, 2017

Date Uploaded to the Library:January 24, 2017

Tags:00053, ODNI, HRC, produce, requested, Emails, responsive, Hillary Clinton, September, security, Secretary, defendant, filed, National, plaintiff, request, document, Assessment, records, FOIA, Washington


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Case 1:17-cv-00053-RBW Document Filed 01/11/17 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, 20024,
Plaintiff,
OFFICE THE DIRECTOR NATIONAL INTELLIGENCE,
Washington, 20511,
Defendant.
___________________________________
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant Office the Director
National Intelligence ODNI 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 responses and
Case 1:17-cv-00053-RBW Document Filed 01/11/17 Page
disseminates its findings and the requested records the American public inform them about
what their government to.
Defendant ODNI agency the United States Government and
headquartered Washington, 20511. Defendant has possession, custody, and control
records which Plaintiff seeks access.
STATEMENT FACTS September 16, 2016, Plaintiff sent FOIA request Defendant seeking access the following:
Any and all records that form the foundation for the decision
ODNI not conduct assessment the damage national
security resulting from former Secretary State Hillary
Rodham Clinton sending and receiving classified national
security information private email server.
Any and all records communications sent from ODNI
officials regarding, concerning relating the decision not
conduct assessment the damage national security
resulting from former Secretary State Hillary Clinton
sending and receiving classified national security information private email server.
The time frame the request was identified March 2014 the present. letter dated October 20, 2016, Defendant acknowledged receipt Plaintiff
request September 27, 2016, and assigned the request ODNI Case No. DF-2016-00323. 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.
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Case 1:17-cv-00053-RBW Document Filed 01/11/17 Page
COUNT
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
10.
Defendant violating FOIA failing search for and produce all records
responsive Plaintiff request demonstrate that the requested records are lawfully exempt
from production.
11.
Plaintiff being irreparably harmed reason Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply with
FOIA.
12. 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 October 26,
2016. 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).
13.
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
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Case 1:17-cv-00053-RBW Document Filed 01/11/17 Page
search methods reasonably calculated uncover all records responsive the request; (2) order
Defendant produce, date certain, any and all non-exempt records responsive 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: January 11, 2017
Respectfully submitted,
JUDICIAL WATCH, INC.
/s/ Jason Aldrich
Jason Aldrich
D.C. Bar No. 495488
425 Third Street, SW, Suite 800
Washington, 20024
Tel: (202) 646-5172
Email: jaldrich@judicialwatch.org
Attorneys for Plaintiff
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