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Judicial Watch • JW v State 01242 Benghazi Rice 9-9-14

JW v State 01242 Benghazi Rice 9-9-14

JW v State 01242 Benghazi Rice 9-9-14

Page 1: JW v State 01242 Benghazi Rice 9-9-14


Number of Pages:4

Date Created:July 22, 2014

Date Uploaded to the Library:September 10, 2014

Tags:Rice, 01242, Benghazi, State Department

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425 Third Slreet, S.W., Suite 800 
Washington, 20024, 
Plaint![[, Civil Action No. 
The Executive Office 
Office the Legal Adviser, Room 5519 
2201 StTeet, N.W. 
Washington. 20024, 
Plaintiff Judicial Wat ch, Inc., through its attorneys, brings this action against Defendant 
U.S. Department State compel compliance with the Freedom oflnformation Act, U.S.C.  
552 ("FOIA"). grounds therefor, Plaintiff alleges follows: 
JURISDICTION AND VENUE 'lbc 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 
Plaintiff Judicial Watch, Inc. not-for-profit, educational foundation organized 

under the laws the District Columbia and has its principal place business 425 Third 
Street, S.W., Suite 800, Washington, 20024. Plaintiff seeks promote lransparency, 
accountability, and integrity govenunent, politics, and the law. part its educational 

mission, Plaintiff regularly requests access the public records federal, state and local 
government agencies, entities and offices under FOlA shed light the operations thc 
federal government and educate the public about these operations. PJaintiff then analyzes the 
agency records and disseminates its findings and the agency records the public. Defendant U.S. Dcpai1ment State agency the United States 
Government and headquartered 2201 Street N.W., Washington, 20520. Defendant 
has possession, custody, and control records which Fla.intiff seeks access. 
STATEMENT FACTS May 13, 2014, Plaintiff submitted FOIA request Defendant certified 
mail, seeking access to: 	Copies any updates and/or talking points given Ambassador 
Rice the White House any federal agency concerning, 
regarding, related the September 11, 2012 attack the U.S. 
consulate Benghazi, Libya. 	Any and all records conununications concerning, regarding, relating talking points updates the Bcngha:t.i attack given Ambassador Rice the White House any federal agency. May 28, 2014, Defendant acknowledged receipt mail Plaintiffs request 
Pursuant U.S.C.  552(a)(6)(A)(i), the Defendant was required 

and assigned its request case number F-2014-08848. 
determine whether comply with Plaintiffs request within twenty (20) working days 
after its receipt the request and notify Plaintiff immediatdy its determination, the 
reasons therefor, and the right appeal any adverse determination. Defendant's 
determination was due June 25, 2014. the date this complaint, the Defendant has failed to: (i) determine 
whether comply with Plaintiff's request; (ii) notify Plaintiff any such determination the reasons therefor (iii) advise Plaintiff the right appeal any adverse 
dete1mination; and/or (iv) produce the requested records otherwise demonstrate that 
the rcq uested records arc exempt from production. Because the Defendant has fa11ed comply with the time limit set forth U.S.C.  552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative 
remedies with rspcct its request, pursuant U.S.C.  552(a)(6)(C). 
(Violation FOIA, U.S.C.  552) 
Plaintiffrcalleges paragraphs 1through9 iffully stated herein. 

Defendant unlawfully withholding records requested Plaintiff 

pursuant U.S.C.  552. 
12. Plaintiff being irreparably harmed reason Defendant's unlawful 
withholding records responsive Plain tiff's request, and will continue 
irreparably harmed unless Defendant compelled conform its conduct the 
requirements the luw. 
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant 
conduct searches for any and all records responsive Plaintiffs FOIA requests and demonstrate 
that employed search methods reasonably Likely Jead the discovery records responsive Plaintiff's FOIA requests; (2) order Defendant produce, date certain, any and all non
exempt records responsive FOIA requests and Vaughn index any responsive records 
withheld under claim exemption; (3) enjoin Detendant from continuing withhold any and 
all non-exempt records responsive Plaintiff's FOIA requests; (4) grant Plaintiff award 
attorney's fee anc.L other litigation costs reasonably incurred this action pursuant U.8.C.  
552(a)(4)(E); and (5) grant Pla.lntiff such other relief the Court deems just an