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Judicial Watch • JW v State Classified information course 01696

JW v State Classified information course 01696

JW v State Classified information course 01696

Page 1: JW v State Classified information course 01696

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Number of Pages:5

Date Created:October 16, 2015

Date Uploaded to the Library:October 28, 2015

Tags:016961, completion, Marking, sensitive, classified, requests, Institute, Mills, service, unclassified, Secretary, defendant, filed, plaintiff, document, records, FOIA, office, Washington


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Case 1:15-cv-01696-RJL Document Filed 10/16/15 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, SW, Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT STATE,
The Executive Office
Office the Legal Adviser, Room 5519
2201 Street, N.W.
Washington, D.C. 20520,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action 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, Plaintiff regularly requests records
Case 1:15-cv-01696-RJL Document Filed 10/16/15 Page
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 N.W., Washington, D.C. 20520. Defendant has possession, custody,
and control records which Plaintiff seeks access.
STATEMENT FACTS August 18, 2015, Plaintiff submitted two FOIA requests Defendant, facsimile
and certified mail.
Plaintiff first request sought access the following:
Any and all records concerning, regarding, related lists
employees required complete the Foreign Service Institute
course Classified and Sensitive but Unclassified Information:
Identifying and Marking (PK323) either annually biannually
provided A/GIS/IPS the Office the Secretary State; and
ii.
Any and all records concerning, regarding, related reports
employees whose classification authority was suspended due
failure complete FSI course PK323 required provided
A/GIS/IPS the Office the Secretary State.
The time frame the request was identified January 2009 January 31, 2013.
Plaintiff second request sought access the following:
Any and all records concerning, regarding, related the
successful completion the Foreign Service Institute (FSI) Course
PK323, Classified and Sensitive but Unclassified Information:
Identification and Marking, former Secretary State Hillary
Clinton. Such records include, but are not limited to, any records
identifying the training requirements for former Secretary Clinton,
any reports from FSI indicating the completion the course
former Secretary Clinton, and any transcripts certificate
completion for PK323 provided former Secretary Clinton the
designated bureau training official the Office the Secretary
State;
Case 1:15-cv-01696-RJL Document Filed 10/16/15 Page
ii.
Any and all records concerning, regarding, related the
successful completion the Foreign Service Institute (FSI) Course
PK323, Classified and Sensitive but Unclassified Information:
Identification and Marking, Huma Abedin. Such records
include, but are not limited to, any records identifying the training
requirements for Ms. Abedin, any reports from FSI indicating the
completion the course Ms. Abedin, and any transcripts
certificate completion for PK323 provided Ms. Abedin the
designated bureau training official the Office the Secretary
State;
iii.
Any and all records concerning, regarding, related the
successful completion the Foreign Service Institute (FSI) Course
PK323, Classified and Sensitive but Unclassified Information:
Identification and Marking, Cheryl Mills. Such records
include, but are not limited to, any records identifying the training
requirements for Ms. Mills, any reports from FSI indicating the
completion the course Ms. Mills, and any transcripts
certificate completion for PK323 provided Ms. Mills the
designated bureau training official the Office the Secretary
State.
The time frame the second request was identified January 2009 the present. letters dated August 27, 2015, Defendant acknowledged receiving both requests
August 18, 2015. the letters, Defendant advised Plaintiff that the first request had been assigned Case
Control No. F-2015-13190 and that the second request had been assigned Case Control No. F-201513191.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine whether
comply with the Plaintiff requests within twenty (20) working days and notify Plaintiff immediately its determinations, the reasons therefor, and the right appeal any adverse determinations.
10.
Defendant determinations were due September 28, 2015 the latest.
11. the date this Complaint, Defendant has failed to: (i) determine whether
comply with the requests; (ii) notify Plaintiff any such determinations the reasons therefor; (iii)
Case 1:15-cv-01696-RJL Document Filed 10/16/15 Page
advise Plaintiff the right appeal any adverse determinations; (iv) produce the requested records otherwise demonstrate that the requested records are exempt from production.
12.
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)
13.
Plaintiff realleges paragraphs through fully stated herein.
14.
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C. 552.
15.
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
searches 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 non-exempt 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.
Case 1:15-cv-01696-RJL Document Filed 10/16/15 Page
Dated: October 16, 2015
Respectfully submitted,
/s/ Michael Bekesha
Michael Bekesha
D.C. Bar No. 995749
JUDICIAL WATCH, INC.
425 Third Street, S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff