Judicial Watch v DOD CIA Complaint 01122012
Number of Pages:5
Date Created:January 12, 2012
Date Uploaded to the Library:February 20, 2014
Autogenerated text from PDF
JUDICIAL WATCH, TNC., 425 Third Street, S.W., Suite 800 Washington, 20024, Plaintiff, Civil Action No. Case: 12-cv-00049 U.S. DEPARTMENT DEFENSE, Assigned To: Walton, Reggie 1600 Defense Pentagon Assign. Date: 1/12/2012 Washington, 20301-1600, Description: FOIA/Privacy Act and CENTRAL lNTELLI.GENCE AGENCY Office General Counsel Washington, 20505, Defendants. COMPLAINT Plaintiff Judicial Watch, Inc. brings this action against Defendants U.S. Department Defense and the Central Intelligence Agency 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. Ve1me proper this district pursuant U.S.C. 139l(e). PARTIES Plaintiff non-profit, educational foundation organized under the laws the District Columbia and having ils principal place business 425 Third Street, W., Suite accountability government and fidelity the rule law. furtherance its public interest mission, Plaintiff regularly requests access the public records federal, state, and local government agencies, entities, and offices, and disseminates its findings the public. The U.S. Department Defense (''the DoD") agency lhe United States Government and headquartered 1600 Defense Pentagon, Washington, 20301-1600. Defendant has possession, custody, and control records which Plaintiff seeks access. The Central lntelligence Agency ("the CIA") agency the United States Government and headquartered Langley, Virginia. Defendant has possession, custody, and controI records which Plaintiff seeks access. STATEMENT FACTS August 2011, Plaintiffsent FOIA request the DoD seeking access information concerning meetings and communications between the DoD and filmmaker Kathryn Bigelow, the Academy Award-winning director The Hurt Locker (2008) and Point Break 991). Specifically, Plaintiff sought records communication between any officer, official, employee the DoD and Ms. Bigelow, well with Mr. Mark Boal, Ms. Megan Ellison, employees Annapurna Pictures, concerning planned film regarding the killing Osama (Usama) Bin Laden. Ms. Bigelow, Mr. Boal, Ms. EIJison, and Annapurna Pictures are involved the film project, which tentatively titled "Killing bin Laden." Plaintiff's FOIA request also sought access all records communication between DoD officers, officials, employees and any other individuals, entities, government agencies concerning the same planned film, and all other DoD records concerning it. letter dated August 22, 2011, the DoD acknowledged receipt Plaintiff's FOIA request and designated the request case number 1-F-1374. addition, the DoD advised Plaintiff: this time, are unable make release determination your request within the 20-day statutory time period there are unusual circumstances which impact our ability quickly process your request. Pursuant U.S.C. 552(a)(6)(A)(i), the DoD would have hcen required respond Plaintiffs FOIA request within twenty (20) working days August 2011, September 2011. light the "unusual circumstances" cited DoD, pursuant U.S.C. 552(a)(6)(B)(i) the DoD was entitled additional (lO) working days respond, September 20, 2011. Also August 201 Plain sent FOIA rcq uest the CIA seeking access all records communication between any officer, official, employee the ClA and Ms. Bigelow, Mr. Boal, Ms. Ellison, employees Annapurna Pictures concerning planned film regarding the killing Osama (Usama) Bin Laden, tentatively titled "Killing bin Laden." Plaintiffs FOTA request also sought access all records communication between CIA officers, officials, employees and any other individuals, entities, government agencies conccniing the same planned film, and all other CIA records concerning it. 10. letter dated August 16, 2011, U1e CIA acknowledged receipt August 201l Plaintiff's FOIA request and designated the request case number f-2011-02001. addition, the CIA advised Plaintiff: The large number ofFOLA requests CTA received has created unavoidable delays making unlikely that can respond within the working days the FOIA requires. Pursuant U.S.C. 552(a)(6)(A)(i), the CIA was required respond Plaintiffs FOIA request within twenty (20) working days August 16, 2011 September 2011. 12. the date this Complaint, Defendants have failed produce any records responsive Plaintiffs requests demonstrate that responsive records are exempt from production. Nor have they indicated whether when they will produce any responsive records. 13. Recause Defendants have failed comply with the time limit set forth U.S.C. 552(a)(6)(A)(i) 552(a)(6)(B)(i), Plaintiff deemed have exhausted any and all admjnistrative remedies with respect its FOlA requests. U.S.C. 552(a)(6)(C). COUNT (Violation .FOIA, U.S.C. 552) 14. Plaintiff rcalleges paragraphs through fully stated herein. 15. Defendants arc unlawfully withholding records requested Plaintiff pursuant u.s.c. 552. 16. Plaintiff being irreparably harmed Defendants' unlawful withholdings requested records, and Plaintiff will continue irreparably harmed unless Defendants arc compelled conform their conduct the requirements the law. WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendants conduct searches for any and all records responsive Plaintiff's FOIA requests and demonstrate that they have employed search methods reasonably likely lead the discovery records responsive Plaintill's FOIA requests; (2) order Defendants produce, date certain, any and all non-exempt records responsive Plaintiff's FOIA requests and Vaughn index any responsive records wilhhcld under claim exemption; (3) enjoin Dcfcnds.:nts from continuing withhold any and all non-exempt records responsive PlaintifI's FOIA requests; (4) grant pursuant U.S.C. 552(a)(4)(E) and (5) grant Plaintiff such other relief the Court deems just and proper. Dated: Januaryl.1:-, 2012 Respectfully submjtted, JUDICIAL WATCH, TNC.