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Judicial Watch • JW v State Clinton Benghazi emails Complaint 00692

JW v State Clinton Benghazi emails Complaint 00692

JW v State Clinton Benghazi emails Complaint 00692

Page 1: JW v State Clinton Benghazi emails Complaint 00692

Category:Legal Document

Number of Pages:4

Date Created:May 6, 2015

Date Uploaded to the Library:May 06, 2015

Tags:complaint, Hillary Clinton, Benghazi, document, records, FOIA, department, Washington, court


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Case 1:15-cv-00692 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-00692 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 former Secretary State Hillary Rodham Clinton
concerning, regarding, relating the September 11, 2012 attack the U.S.
Consulate Benghazi, Libya.
The timeframe for this request September 11, 2012 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-2015-05046. 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 members Congress, Congressional staff members,
Congressional members staff members the U.S. House representatives
Select Committee Benghazi concerning, regarding, relating the use
non- state.gov email addresses former Secretary State Hillary Clinton.
Case 1:15-cv-00692 Document Filed 05/06/15 Page
The timeframe for this request June 2014 the present.
According Plaintiff facsimile transmission report, Defendant received the
FOIA request facsimile March 2015 11:22 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-2015-05006.
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).
COUNT
(Violation FOIA, U.S.C. 552)
15.
Plaintiff realleges paragraphs through fully stated herein.
Case 1:15-cv-00692 Document Filed 05/06/15 Page
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,
JUDICIAL WATCH, INC. Ramona Cotca
Judicial Watch, Inc.
Ramona Cotca
D.C. Bar No. 501159
425 Third Street, S.W., Suite 800
Washington, 20024
(202) 646-5172
(202)646-5199, facsimile
rcotca@judicialwatch.org
Counsel for Plaintiff