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Judicial Watch • JW v DHS Trump travel complaint 01851

JW v DHS Trump travel complaint 01851

JW v DHS Trump travel complaint 01851

Page 1: JW v DHS Trump travel complaint 01851

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Number of Pages:6

Date Created:August 7, 2018

Date Uploaded to the Library:September 20, 2018

Tags:01851, Beach, determination, received, Trump, SECRET, requests, service, complaint, DHS, Florida, president, defendant, filed, plaintiff, request, travel, document, records, FOIA, Washington


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Case 1:18-cv-01851 Document Filed 08/07/18 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT
HOMELAND SECURITY,
Office the General Counsel
245 Murray Lane
Mailstop 0485
Washington, 20528,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
Homeland Security 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.
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
SW, Suite 800, Washington, 20024. Plaintiff seeks promote transparency, integrity, and
accountability government and fidelity the rule law. part its mission, Plaintiff
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
Case 1:18-cv-01851 Document Filed 08/07/18 Page
agencies responses and disseminates both its findings and the requested records the American
public inform them about what their government to.
Defendant U.S. Department Homeland Security agency the U.S.
Government and headquartered 245 Murray Lane SW, Washington, 20528. Defendant
has possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS
The U.S. Secret Service Secret Service component Defendant U.S.
Department Homeland Security.
Beginning January and continuing through April 2018, Plaintiff served multiple
FOIA requests the Secret Service seeking access records about VIP travel.
Plaintiff FOIA requests the Secret Service sought all records concerning the
use U.S. Government funds provide security and/or any other services the following
persons and any companions for the trips identified:
President Trump
(Palm Beach, Florida December 22, 2017-January 2018)
Date Request:
FOIA Request Received:
Determination Due:
FOIA/File No.:
01/02/18
01/17/18
02/14/18
20180522
President Trump
(Atlanta, Georgia January 2018)
Date Request:
FOIA Request Received:
Determination Due:
FOIA/File No.:
01/09/18
01/23/18
02/21/18
20180530
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Case 1:18-cv-01851 Document Filed 08/07/18 Page
President Trump
(Palm Beach, Florida January 12-15, 2018)
Date Request:
FOIA Request Received:
Determination Due:
FOIA/File No.:
President Trump
(Pennsylvania January 18, 2018)
Date Request:
FOIA Request Received:
Determination Due:
FOIA/File No.:
02/06/18
02/21/18
03/21/18
20180676
President Trump
(Palm Beach, Florida February 17-19, 2018)
Date Request:
FOIA Request Received:
Determination Due:
FOIA/File No.:
01/23/18
02/07/18
03/08/18
20180616
President Trump
(Palm Beach, Florida February 2018)
Date Request:
FOIA Request Received:
Determination Due:
FOIA/File No.:
01/19/18
01/29/18
02/27/18
20180553
Eric Trump
(Palm Beach, Florida January 19-21, 2018)
Date Request:
FOIA Request Received:
Determination Due:
FOIA/File No.:
01/16/18
01/26/18
02/26/18
20180540
02/21/18
03/07/18
04/04/18
20180710
President Trump
(Pennsylvania March 10, 2018)
Date Request:
FOIA Request Received:
Determination Due:
FOIA/File No.
03/12/18
03/28/18
04/25/18
20180778
-3-
Case 1:18-cv-01851 Document Filed 08/07/18 Page
President Trump
(Pennsylvania March 23-25, 2018)
Date Request:
FOIA Request Received:
Determination Due:
FOIA/File No.:
President Trump
(Palm Beach, Florida March 23-25, 2018 and March 30-April 2018)
Date Request:
FOIA Request Received:
Determination Due:
FOIA/File No.:
04/02/18
04/16/18
05/14/18
20180837 and 20180838
President Trump
(Palm Beach, Florida April 20-22, 2018)
Date Request:
FOIA Request Received:
Determination Due:
FOIA/File No.:
03/26/18
04/09/18
05/07/18
20180793
04/23/18
05/14/18
06/12/18
20180853
President Trump
(Michigan April 28, 2018)
Date Request:
FOIA Request Received:
Determination Due:
FOIA/File No.:
04/30/18
05/21/18
06/19/18
20180951
The requests were received the Secret Service, and the Secret Service determinations were
due the dates indicated. The Secret Service has assigned the requests the FOIA/File numbers
indicated. the date this Complaint, the Secret Service has failed to: (i) determine
whether comply with each request; (ii) notify Plaintiff any such determination the
reasons therefor; (iii) advise Plaintiff the right appeal any adverse determination; (iv)
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Case 1:18-cv-01851 Document Filed 08/07/18 Page
produce the requested records otherwise demonstrate that the requested records are exempt
from production.
COUNT
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
10.
Defendant violating FOIA failing search for and produce all records
responsive Plaintiff requests demonstrate that the requested records are lawfully exempt
from production.
11.
Plaintiff being irreparably harmed Defendant violations FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with
FOIA.
12. trigger FOIA administrative exhaustion requirement, Defendant was
required make determinations with respect Plaintiff requests within twenty (20) working
days receiving the request. Accordingly, Defendant determinations were due before
the dates indicated paragraph minimum, Defendant was required to: (i) gather and
review the requested documents; (ii) determine and communicate Plaintiff the scope any
responsive records Defendant intended produce withhold and the reasons for any
withholdings; and (iii) inform Plaintiff that may appeal any adequately specific, adverse
determination. See, e.g., Citizens for Responsibility and Ethics Washington Federal
Election Commission, 711 F.3d 180, 188-89 (D.C. Cir. 2013).
13.
Because Defendant failed make determinations with respect Plaintiff
requests within the time period required FOIA, Plaintiff deemed have exhausted its
administrative appeal remedies. U.S.C. 552(a)(6)(C)(i).
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Case 1:18-cv-01851 Document Filed 08/07/18 Page
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
search for any and all records responsive Plaintiff FOIA requests and demonstrate that they
employed search methods reasonably calculated uncover all records responsive the
requests; (2) order Defendant produce, date certain, any and all non-exempt records
responsive Plaintiff FOIA requests and Vaughn index any responsive records withheld
under claim exemption; (3) enjoin Defendant from continuing withhold any and all nonexempt records responsive Plaintiff FOIA requests; (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 2018
Respectfully submitted,
/s/ Lauren Burke
Lauren Burke
D.C. Bar No. 1028811
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
lburke@judicialwatch.org
Counsel for Plaintiff
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