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Judicial Watch • JW v State 00688 Clinton Foundation conflicts

JW v State 00688 Clinton Foundation conflicts

JW v State 00688 Clinton Foundation conflicts

Page 1: JW v State 00688 Clinton Foundation conflicts

Category:Legal Document

Number of Pages:4

Date Created:May 5, 2015

Date Uploaded to the Library:May 06, 2015

Tags:Conflicts, Foundation, Secretary, clinton, State Department, document, records, FOIA, department, Washington, court


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Case 1:15-cv-00688-RC 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-00688-RC 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 17, 2015, Plaintiff submitted FOIA request Defendant,
facsimile and certified mail, seeking access the following:
Any and all records that identify the policies and/or
procedures place ensure that former Secretary State
Hillary Rodham Clinton personal charitable financial
relationships with foreign leaders, foreign governments,
and business entities posed conflict interest her role Secretary State; and
Any and all records concerning, regarding, related
State Department review donations the Clinton
Foundation for potential conflicts interest with former
Secretary Clinton role Secretary State
The timeframe for this request January 2009 January 31,
2013.
According Plaintiff facsimile transmission report, Defendant received the
FOIA request facsimile March 17, 2015 2:39 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 24, 2015.
Defendant subsequently acknowledged receipt the request and assigned the
request Case Control Number F-2015-05559.
Case 1:15-cv-00688-RC Document Filed 05/06/15 Page
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.
Defendant determinations regarding Plaintiff request was due April 21,
2015 the latest.
10. the date this complaint, Defendant has failed to: (i) determine whether
comply with the request; (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.
11.
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).
COUNT
(Violation FOIA, U.S.C. 552)
12.
Plaintiff realleges paragraphs through fully stated herein.
13.
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C. 552.
14.
Plaintiff being irreparably harmed reason Defendant unlawful
withholding records responsive Plaintiff FOIA request, and Plaintiff will continue
irreparably harmed unless Defendant compelled conform its conduct the requirements
the law.
Case 1:15-cv-00688-RC Document Filed 05/06/15 Page
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct search for any and all responsive records 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 nonexempt 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: May 2015
Respectfully submitted, Chris Fedeli
Chris Fedeli (DC Bar No. 472919)
JUDICIAL WATCH, INC.
425 Third Street, S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff