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Judicial Watch • JW v State 00689 Clinton non-state emails

JW v State 00689 Clinton non-state emails

JW v State 00689 Clinton non-state emails

Page 1: JW v State 00689 Clinton non-state emails

Category:Legal Document

Number of Pages:5

Date Created:May 5, 2015

Date Uploaded to the Library:May 06, 2015

Tags:expenses, defendant, clinton, State Department, White House, records, FOIA, department, Washington


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Case 1:15-cv-00689 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-00689 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 records concerning, regarding, relating the use non state.gov email address former Secretary State Hillary Rodham Clinton.
Such records include, but are not limited to, records concerning security,
classification, preservation, and compliance with the Federal Records Act and/or
the Freedom Information Act.
The timeframe for this request January 20, 2009 February 20, 2009.
According Plaintiff facsimile transmission report, Defendant received the
FOIA request facsimile March 2015 2:24 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-2015-05052. March 2015, Plaintiff submitted second FOIA request Defendant,
facsimile and certified mail, seeking access the following:
Any and all communications between officials, officers, employees the
Department State and officials, officers, employees the White House
and/or Executive Office the President concerning, regarding, relating the
Case 1:15-cv-00689 Document Filed 05/06/15 Page
use non- state.gov email addresses former Secretary State Hillary
Clinton.
The timeframe for this request June 2014 the present.
According Plaintiff facsimile transmission report, Defendant received the
FOIA request facsimile March 2015 11:07 a.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-2015-05473.
11. March 2015, Plaintiff submitted third FOIA request Defendant via
certified mail, return receipt requested, seeking access the following:
Any and all records the possession under the control the State Department
related expenses incurred the creation, maintenance and/or use the
clintonemail.com email server domain, including but not limited to, expenses for
hardware, software, registration fees, account maintenance fees, and security
products and services.
12.
The U.S. Postal Service provided Plaintiff Domestic Return Receipt signed
Defendant agent showing that Defendant received the request certified mail March 17,
2015.
13.
Defendant subsequently acknowledged receipt the request and assigned the
request Case Control Number F-2015-05776.
14.
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.
Case 1:15-cv-00689 Document Filed 05/06/15 Page
15.
Defendant determinations regarding Plaintiff requests were due April 14,
2015 the latest.
16. 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.
17.
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)
18.
Plaintiff realleges paragraphs through fully stated herein.
19.
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C. 552.
20.
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
Case 1:15-cv-00689 Document Filed 05/06/15 Page
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