Skip to content

Judicial Watch • JW v State 00687 all Clinton emails

JW v State 00687 all Clinton emails

JW v State 00687 all Clinton emails

Page 1: JW v State 00687 all Clinton emails

Category:Legal Document

Number of Pages:4

Date Created:May 5, 2015

Date Uploaded to the Library:May 06, 2015

Tags:Emails, complaint, Hillary Clinton, Secretary, clinton, document, records, FOIA, department, Washington


File Scanned for Malware

Donate now to keep these documents public!

  • demand_answers

See Generated Text   ˅

Autogenerated text from PDF

Case 1:15-cv-00687 Document Filed 05/06/15 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 STATE,
The Executive Office
Office the Legal Adviser, Room 5519
2201 Street,
Washington, D.C. 20520,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this actions against Defendant U.S. Department
State 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
S.W., Suite 800, Washington, 20024. Plaintiff seeks promote transparency,
accountability, and integrity government and fidelity the rule law. part its mission,
Case 1:15-cv-00687 Document Filed 05/06/15 Page
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 State agency the United States
Government and headquartered 2201 Street NW, Washington, D.C. 20520. Defendant
has possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS March 2015, Plaintiff submitted FOIA request Defendant, facsimile
and certified mail, seeking access the following:
Any and all emails sent received former Secretary State Hillary Rodham
Clinton her official capacity Secretary State during her tenure Secretary State.
The timeframe for this request February 2009 January 31, 2013.
According Plaintiff facsimile transmission report, Defendant received the
FOIA request facsimile March 2015 1:51 p.m. The U.S. Postal Service provided
Plaintiff Domestic Return Receipt signed Defendant agent showing that Defendant also
received the request certified mail March 16, 2015.
Defendant subsequently acknowledged receipt the request and assigned the
request Case Control Number F-2015-05056. March 2015, Plaintiff submitted second FOIA request Defendant,
facsimile and certified mail, seeking access the following:
Any and all records concerning, regarding, relating
the production 55,000 emails former Secretary
State Hillary Clinton the U.S. Department State.
Any and all communications between employees the
U.S. Department State and former Secretary Clinton
Case 1:15-cv-00687 Document Filed 05/06/15 Page
and/or her representatives concerning, regarding, relating emails sent received former Secretary Clinton
non- state.gov email addresses
The timeframe for this request June 2014 the present.
According Plaintiff facsimile transmission report, Defendant received the
FOIA request facsimile March 2015 2:16 p.m. The U.S. Postal Service provided
Plaintiff Domestic Return Receipt signed Defendant agent showing that Defendant also
received the request certified mail March 16, 2015.
10.
Defendant subsequently acknowledged receipt the request and assigned the
request Case Control Number F-2015-05048.
11.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine
whether comply with the request within twenty (20) working days and notify Plaintiff
immediately its determination, the reasons therefor, and the right appeal any adverse
determination.
12.
Defendant determinations regarding Plaintiff requests were due April 13,
2015 the latest.
13. the date this complaint, Defendant has failed to: (i) determine whether
comply with the requests; (ii) notify Plaintiff any such determination the reasons therefor;
(iii) advise Plaintiff the right appeal any adverse determinations; (iv) produce the
requested records otherwise demonstrate that the requested records are exempt from
production.
14.
Because 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 pursuant U.S.C. 552(a)(6)(C).
Case 1:15-cv-00687 Document Filed 05/06/15 Page
COUNT
(Violation FOIA, U.S.C. 552)
15.
Plaintiff realleges paragraphs through fully stated herein.
16.
Defendant unlawfully withholding records requested Plaintiff pursuant
U.S.C. 552.
17.
Plaintiff being irreparably harmed reason Defendant unlawful
withholding records responsive Plaintiff FOIA requests, 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 Plaintiff FOIA requests and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA requests; (2) order Defendant produce, date certain, any and all nonexempt records Plaintiff FOIA requests 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 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: May 2015
Respectfully submitted,
/s/ Chris Fedeli
Chris Fedeli Bar No. 472919
JUDICIAL WATCH, INC.
425 Third Street, S.W., Suite 800
Washington, 20024
Tel: (202) 646-5172
cfedeli@judicialwatch.org
Attorney for Plaintiff