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Judicial Watch • JW v State Treasury Iran payments complaint 00864

JW v State Treasury Iran payments complaint 00864

JW v State Treasury Iran payments complaint 00864

Page 1: JW v State Treasury Iran payments complaint 00864

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Number of Pages:5

Date Created:May 10, 2017

Date Uploaded to the Library:June 05, 2017

Tags:Iran, 00864, payments, Islamic, republic, Department of the Treasury, defendants, requests, treasury, responsive, filed, State Department, White House, plaintiff, request, document, records, FOIA, department, office, Washington


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Case 1:17-cv-00864 Document Filed 05/10/17 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, Suite 5.600
600 19th Street
Washington, 20522,
and
U.S. DEPARTMENT THE
TREASURY,
1500 Pennsylvania Avenue
Washington, 20220,
Defendants.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendants U.S. Department
State and U.S. Department Treasury 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).
Case 1:17-cv-00864 Document Filed 05/10/17 Page
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
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 State Department agency the
United States Government headquartered 2201 Street NW, Washington, 20520. The
State Department has possession, custody, and control records which Plaintiff seeks access.
Defendant U.S. Department the Treasury Treasury agency the
United States Government and headquartered 1500 Pennsylvania Avenue NW, Washington, 20220. Defendant has possession, custody, and control records which Plaintiff seeks
access.
STATEMENT FACTS August 2016, Plaintiff submitted FOIA request the State Department
seeking access the following records:
Any and all records regarding, concerning, related the transfer
approximately $400 million foreign currency the Islamic Republic Iran
January 2016. This request includes, but not limited to, any and all related
records communications between any official, employee, representative the
Department State and any official, employee, representative any the
following entities:
The Department the Treasury.
The Islamic Republic Iran.
The Executive Office the White House.
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Case 1:17-cv-00864 Document Filed 05/10/17 Page
The Department Defense.
The Department Justice.
The time frame for the request was identified January 2015 the present. August 2016, Plaintiff submitted FOIA request the Treasury seeking
access the following records:
Any and all records regarding, concerning, related the transfer
approximately $400 million foreign currency the Islamic Republic Iran
January 2016. This request includes, but not limited to, any and all related
records communications between any official, employee, representative the
Department the Treasury and any official, employee, representative any
the following entities:
The Department State.
The Islamic Republic Iran.
The Executive Office the White House.
The Department Defense.
The Department Justice.
The time frame for the request was identified January 2015 the present. letter dated August 12, 2016, the Treasury acknowledged receipt Plaintiff
request and advised Plaintiff that the request had been assigned Case Number 2016-08-058. letter dated August 22, 2016, the State Department acknowledged receipt
Plaintiff request and advised Plaintiff that the request had been assigned Case Control Number
F-2016-10094.
10. the date this Complaint, both the State Department and the Treasury have
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 Defendants
intend produce withhold and the reasons for any withholdings; (iii) inform Plaintiff that may appeal any adequately specific, adverse determination.
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Case 1:17-cv-00864 Document Filed 05/10/17 Page
COUNT
Violation FOIA, U.S.C. 552
11.
Plaintiff realleges paragraphs through fully stated herein.
12.
Plaintiff being irreparably harmed reason Defendants violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendants are compelled comply
with FOIA.
13. trigger FOIA administrative exhaustion requirement, Defendants were
required determine whether comply with Plaintiff requests within twenty (20) working
days receiving the requests, approximately mid-September 2016. minimum,
Defendants were required to: (i) gather and review the requested documents; (ii) determine and
communicate Plaintiff the scope any responsive records Defendants 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 Comm 711 F.3d 180, 188-89 (D.C. Cir. 2013).
14.
Because Defendants have failed determine whether comply with Plaintiff
requests 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 Defendants
conduct searches for any and all records responsive Plaintiff FOIA requests and demonstrate
that they employed search methods reasonably likely lead the discovery records
responsive Plaintiff FOIA requests; (2) order Defendants produce, date certain, any
and all non-exempt records responsive Plaintiff FOIA requests and Vaughn indices any
responsive records withheld under claim exemption; (3) enjoin Defendants from continuing
withhold any and all non-exempt records responsive Plaintiff FOIA requests; (4) grant
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Case 1:17-cv-00864 Document Filed 05/10/17 Page
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 10, 2017
Respectfully submitted,
/s/ Jason Aldrich
Jason Aldrich
D.C. Bar No. 495488
JUDICIAL WATCH, INC.
425 Third Street, SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
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