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Judicial Watch • JW v State OIG records Kennedy memo complaint 01592

JW v State OIG records Kennedy memo complaint 01592

JW v State OIG records Kennedy memo complaint 01592

Page 1: JW v State OIG records Kennedy memo complaint 01592

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Number of Pages:4

Date Created:August 5, 2016

Date Uploaded to the Library:September 08, 2016

Tags:01592, memo, OIG, kennedy, email, complaint, responsive, Hillary Clinton, Secretary, defendant, filed, plaintiff, request, document, records, FOIA, office, Washington


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Case 1:16-cv-01592 Document Filed 08/05/16 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,
Washington, 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
SW, Suite 800, Washington, 20024. Plaintiff seeks promote transparency, integrity, and
accountability government and fidelity the rule law. part its mission, Plaintiff
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
Case 1:16-cv-01592 Document Filed 08/05/16 Page
agencies responses and disseminates both 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 headquartered 2201 Street NW, Washington, 20520. Defendant has
possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS June 2016, Plaintiff submitted FOIA request Defendant seeking the
following:
Any and all records concerning, regarding, relating
the email exchange referenced page the May 2016
report entitled Office the Secretary: Evaluation
Email Records Management and Cybersecurity
Requirements published the Office Inspector
General that demonstrated reluctance communicate
requirements for the printing and filing email records
former Secretary State Hillary Clinton staff; and
Any and all records concerning, regarding, relating
the January 2009 memorandum from Undersecretary for
Management Patrick Kennedy entitled Memorandum
for All Under Secretaries, Assistant Secretaries, Executive
Directors and Post Management Officers: Preserving
Electronically the Email Senior Officials Upon their
Departure, referenced page the above mentioned
report. Such records include, but are not limited to, copy said memorandum and any attachments distributed with
it. assist Defendant identifying responsive records, Plaintiff enclosed with its
FOIA request copy the Office Inspector General May 2016 report entitled Office the
Secretary: Evaluation Email Records Management and Cybersecurity Requirements.
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Case 1:16-cv-01592 Document Filed 08/05/16 Page June 16, 2016, Defendant sent letter Plaintiff acknowledging receipt
the request June 14, 2016 and advising Plaintiff that the request had been assigned Case
Control Number F-2016-06688. the date this Complaint, Defendant has failed to: (i) produce the
requested records demonstrate that the requested records are lawfully exempt from
production; (ii) notify Plaintiff the scope any responsive records Defendant intends
produce withhold and the reasons for any withholdings; (iii) inform Plaintiff that may
appeal any adequately specific, adverse determination.
COUNT
Violation FOIA, U.S.C. 552
Plaintiff realleges paragraphs through fully stated herein.
10.
Plaintiff being irreparably harmed reason Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
11. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request within twenty (20) working
days receiving the request June 14, 2016. Accordingly, Defendant determination was
due about July 13, 2016. minimum, Defendant was required to: (i) gather and review
the requested documents; (ii) determine and communicate Plaintiff the scope any
responsive records Defendant intended produce withhold and the reasons for any
withholdings; and (iii) inform Plaintiff that may appeal any adequately specific, adverse
determination. See, e.g., Citizens for Responsibility and Ethics Washington Federal
Election Commission, 711 F.3d 180, 188-89 (D.C. Cir. 2013).
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Case 1:16-cv-01592 Document Filed 08/05/16 Page
12.
Because Defendant failed determine whether comply with Plaintiff request
within the time period required FOIA, Plaintiff deemed have exhausted its administrative
appeal remedies. U.S.C. 552(a)(6)(C)(i).
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct searches for any and all records responsive 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 responsive 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: August 2016
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 Judicial Watch, Inc.
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