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Judicial Watch • JW v DOD 01508 Africa Ops Benghazi 9-9-14

JW v DOD 01508 Africa Ops Benghazi 9-9-14

JW v DOD 01508 Africa Ops Benghazi 9-9-14

Page 1: JW v DOD 01508 Africa Ops Benghazi 9-9-14


Number of Pages:4

Date Created:September 3, 2014

Date Uploaded to the Library:September 10, 2014

Tags:01508, OPS, Africa, Dod, Benghazi, document

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425 Third Street, S.W., Suite 800  
Washington, 20024,  
Plaintiff,  Civil Action No.  
1400 Defense Pentagon  
Washington, 20301,  

Plaintiff Judicial Watch, Inc. brings this actions against Defendant U.S. Department 
Defense compel compliance with the Freedom oflnformation 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). 
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, 
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 Defense agency the United States 
Government and headquartered 1400 Defense Pentagon, Washington, 20301. 
Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS June 12, 2014, Plaintiff submitted FOIA request the U.S. Africa 
Command, component Defendant, certified mail, seeking access the following: 
Any and all activity logs, reports, other records produced the 
U.S. Africa Command operations center between September 10, 2012 and September 13, 2012 regarding, concerning, related the attack the U.S. Special Mission Compound and Classified Annex Benghazi, Libya. According United States Postal Service records, Plaintiff's request was 
received Defendant June 24, 2014. Pursuant U.S.C.  552(a)(6)(A)(i), Defendant was required determine whether comply with the request within twenty (20) working days receipt and notify 
Plaintiff immediately its determination, the reasons therefor, and the right appeal any 
adverse determination. Defendant's determination was due July 23, 2014. the date this complaint, Defendant has failed to: (i) determine whether 
comply with the 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. 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). 
(Violation FOIA, U.S.C.  552) 

Plaintiff realleges paragraphs through9 fully stated herein. 

Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C.  552. 
12. Plaintiff being irreparably harmed reason Defendant's unlawful withholding ofrecords 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 non
exempt records Plaintiffs 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 Plaintiffs FOIA request; 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: September 2014 
Respectfully submitted, 
Isl Paul Orfanedes 
Paul Orfanedes 
D.C. Bar No. 429716 JUDICIAL WATCH, INC. 
425 Third Street, S.W., Suite 800 Washington, 20024 
Tel: (202) 646-5172 
Attorneys/or Plaintiff