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Judicial Watch • JW v Department of Defense (McRaven directive)

JW v Department of Defense (McRaven directive)

JW v Department of Defense (McRaven directive)

Page 1: JW v Department of Defense (McRaven directive)


Number of Pages:4

Date Created:September 6, 2013

Date Uploaded to the Library:September 19, 2013

Tags:Admiral McRaven, osama bin laden, USSOCOM, Department of defense

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Case 1:13-cv-01343 Document Filed 09/05/13 Page THE UNITED STATES DISTRICT COURT
425 Third Street, S.W Suite 800
Washington, 200
Plaintiff, Civil Action No. .S. DEPARTMENT DEFENSE, ice the General Counsel
1600 Defense Pentagon, Room 3B688
Washington, 20301-1600,
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
Defense compel compliance with the Freedom Information Act, U.S.C. 552 FOIA). grounds therefor, Plaintiff alleges follows:
JURISDI AND VENUE The Court has jurisdiction over this action pursuant UISACI 552(a)(4)(B) and Use. 1331. Venue proper this district pursuant U.S.C. 1391 (e).
PARTIES Plaintiff non-profit, educational foundation organized under the laws the
District Columbia and having its principal place business 425 Third Street, S.W., Suite
800, Washington, 20024. Plaintiff seeks promote integrity, transparency, and
accountability government and delity the rule law. furtherance its public interest
Case 1:1 cv-01343 Document Filed 09/05/13 Page
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 agency the United States Government and headquartered 1600 Defense Pentagon, Washington, 20301-1600. Defendant has
possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS June 2013, Plaintitf sent FOIA request the United States Special
Operations Command USSOCOM component Defendant, seeking access the
foil: wing:
All records concerning, regarding, relating Admiral
McRaven 2011 directive purge USSOCOM systems all
records related the operation leading the death Usarna bin
Laden about May 2011.
 The time frame the request was identi being from May 2011 September 26, 2011, letter dated July 2013. the USSOCOM acknowledged receipt Plaintiffs
FOIA request and assigned the request FOIA Control Number 2013-089. Defendant was required determine whether comply with Plaintiffs request
within days. excepting Saturdays, Sundays, and legal public holidays, pursuant U.S.C. 
552(a)(6)(A). Pursuant this same provision, Defendant also was required notify Plaintiff
immediately the determination, the reasons therefor, and the right appeal any adverse
det: rnination the head the agency. Excluding intervening weekends and holidays,
Defendant was required make its determination and provide Plaintiff with the requisite
noti cations July 30, 2013. the latest.
Case 1:13-cv-01343 Document Filed 09/05/13 Page the date this Complaint, Defendant has failed make detemrination
about whether will comply with Plaintiff request, notify Plaintiff any determination,
notify Plaintiff his right appeal any adverse detemrination the head the agency. Nor has
Defendant produced any records responsive the request, indicated when any responsive records
will produced, demonstrated that responsive records are exempt from production. Because Defendant failed comply with the time limit set forth U.S
552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies with
respect its June 2013 FOIA request. U.S.C. 552(a)(6)(C),
(Violation FOIA, U.S.C. 552)
10. Plainti realleges paragraphs through fully stated herein. Defendant unlawfully withholding records requested Plaintiff pursuant U.S.C. 552.
12. Plaintiff being irreparably harmed reason Defendant unlawful
withholding requested records, 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
the request; (2) order Defendant produce, date certain, any and all non-exempt records
responsive 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; (4) grant Plaintiff award
Case 1:13 cv-01343 Document Filed 09/05/13 Page
 attorneys fees and other litigeiien costsreasombly incurred this tion pursuant U.S. 
552(a)(4)(E); and (5) gantP1a.inti mch other relief- the Court deems just and propa.
Dated: September 2013
Respect ally submitted,
ls! orfanedes
Paul Orfanedea
D.C. Bar No. 429716
425 Third Street, s.w., Suite 800
Washington, 20024
(202) 646-5172
Caumeifor Plainrizf