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Judicial Watch • JW v. State two emails 01414

JW v. State two emails 01414

JW v. State two emails 01414

Page 1: JW v. State two emails  01414

Category:Clintons

Number of Pages:10

Date Created:August 31, 2015

Date Uploaded to the Library:August 31, 2015

Tags:01414, redactions, produced, sensitive, waiver, agreement, Hillary Clinton Email Scandal, Emails, unclassified, Hillary Clinton, Benghazi, defendant, plaintiff, request, records, FOIA, department


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Case 1:15-cv-01414-BAH Document Filed 08/31/15 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, S.W., Suite 800
Washington, 20024,
Plaintiff,
Civil Action No.
U.S. DEPARTMENT STATE,
The Executive Office
Office the Legal Adviser, Room 5519
2201 Street,
Washington, D.C. 20520,
Defendant.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
State compel compliance with the Freedom ofInformation 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 oflaw. part its mission,
Case 1:15-cv-01414-BAH Document Filed 08/31/15 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 ofthe 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 about May 13,2015, Defendant posted its website emails recently
returned former Secretary Hillary Clinton. Two the emails are attached Exhibit July 6,2015, Plaintiff submitted FOIA request Defendant seeking access the attached emails their native format. Specifically, with respect the first email
(STATE-SCB0045090 92), Plaintiff requested the email was sent Ms. Huma Abedin
from her AbedinH@state.gov email address. With respect the second email (STATESCB0045193 94), Plaintiff requested the email was received Mr. Jacob Sullivan his
sullivanjj@state.gov email address. the extent Defendant could not produce the emails
their native format, Plaintiff requested that Defendant produce any records identifying the
information contained the email headers the two emails. letter dated July 9,2015, Defendant acknowledged receipt ofthe FOIA request
and assigned the request Case Control Number 2015-11661.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant was required determine
whether comply with the FOIA request within twenty (20) working days receipt the
request and notify Plaintiff inunediately its determination, the reasons therefor, and the
right appeal any adverse determination.
Case 1:15-cv-01414-BAH Document Filed 08/31/15 Page
Defendants determination regarding Plaintiffs FOIA request was due August 2015 the latest.
10. ofthe date ofthis complaint, Defendant has failed to: (i) determine whether
comply with the FOIA request; (ii) notify Plaintiff any such determination the reasons
therefor; (iii) advise Plaintiff the right appeal any adverse determination; (iv) produce the
requested records otherwise demonstrate that the requested records are exempt from
production.
11.
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)
12.
Plaintiffrealleges paragraphs through fully stated herein.
13.
Defendant unlawfully withholding records requested Plaintiff pursuant U.S.c. 552.
14.
Plaintiff being irreparably harmed reason Defendants unlawful
withholding records responsive Plaintiffs FOIA request, 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 Plaintiffs FOIA request and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOIA request; (2) order Defendant produce, date certain, any and all nonexempt records Plaintiffs FOIA request and Vaughn index any responsive records
Case 1:15-cv-01414-BAH Document Filed 08/31/15 Page
withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and
all non-exempt records responsive Plaintiffs 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 31, 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
Exhibit
UNCLASSIFIED
U.S. Department State
Case No. F-2015-04841
Doc No. C05739732
Date: 05/13/2015
From:
Sent:
To:
Subject:
STATE DEPT. PRODUCED HOUSE SELECT BENGHAZI COMM,
SUBJECT AGREEMENT SENSITIVE INFORMATION REDACTIONS FOIA WAIVER.
RELEASE
FULL
Abedin, HUnla 
Sunday, August 21,2011 9:26
Jeffupdate
Contrast between 8en.hazl and reportsfrQrtI the West: ~rl! Bengha~1 since Thur$d~v) have joined (>ur
representative, Chris Stevens, meetings with larte number representativ from the
civil ~cjety,
organizations and NGOs, .tid the dIplomatiC torps. While h.d Ide.. that Q.ur trip woulJi correspond with signlflqmt
mUitaIVattvlnee5 the east and the StaOf the coordinal~ Trlpoll uprlslnl dub~ Qperatlon Merm. Dawn, ~he.
timirii ...veU! the opt)Onunlty note the cOlltl1istbetween: the relatl~ bureaucratlt quiet hitr. compared hyped~up
.ctlvity western Ubyi. Clearly, some Ordinacioh underway betWeen lenlhlli .rld the west: Tarhounl, recently
promob!d tOD~putV PI1meMinistet still-lo-b~omple cabln~t relhl,dle, previewed theJrlpolt uprislnslNith us,
down almost totherninute. Yet one feels that, large .itten~; TNt offfClalslnl observers and chroniclers rather than
the authors the unfoldl~ developments th~ west. {In telling anecdotei JUSt after confiding the ptans far
TripOli about unfold, Tlrhounl turned off hisiinglng celi phone~ tOn eiitrate talking leisurely
manner.} What TNC officials told large extent was se.nsibie and mostly reassuring its content and the TN.
just issued directivl! rei.erating Its policy treat combatants according the GerievCl conventions and observe human
rights but their commen~5 fell mostly the .category passive analysis rather than aggressive forward
thinking. Washingto has task for,es focused Tripoli; Benghali does not.
-me,
While theres sen~e the air that the finCiI battles have begun, that palpable anticipation does not seem have
translated Into the type stepped~l.Ip bure/ilucratic iicll,lty that om~ would expect. After meeting with for !l~arly two
hours, Thursday, TN(: Ex~cutlveCom.m.lttee chair (and ~quivalE!l)t) MClhmoyd Ji.bril r~turned Doha ratMr than
head any kinble.m may derive fr9rnJlbril$ poor relations with Zuma; with Jibril tellln~ that recentlYiJccused Zuma making
Neison Malidela feel ashamed); Abdulrahman Shalgam wiIJgo to: the August 25-26 Summit atid JJbrll did notruJe out
attending himself. spoken several times UAE Foreign Minister Abdullah bin Zayed since arriVing iiere,and the
UAE has finally r.espOride.d pO$it/vely our soft r election materials. the opin.ion this individual, although thos.e responsible for the Benghazi attack wer.~ prQ-federalfst, has. not
been proven that they Were Inemb~r$ the lf-:appointed Cyrenaican National Council (eNC), whose military arm set aioadblock Wadi al-Ahtnaroll Ubyas mi!jor-east-west highway demand that Cyr~tlalCa get many seats the
GNC iripolihillia~ thosfar,rieither the eNG not any other groUp has publicly stated that they intend useiiiolel1te
disrupt the elections. {Note: Under the current system Tripolitania will have 120 seats theGNC, Cyrenaica (Barqa) 62.,
and Fezza the South 18.}
UNCLASSIFIED
U.S. Department Stale
Case No. F-2015-04841
Doc C05739882
Date: 05/13/2015
STATE DEPT. PRODUCED HOUSE SELECT BENGHAZI COMM.
SUBJECT AGREEMENT SENSITIVE INFORMATION REDACTIONS. FOIA WAIVER.
STATE-SCB0045194