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Judicial Watch • JW v. DOD & DHS presidential travel complaint 01341

JW v. DOD & DHS presidential travel complaint 01341

JW v. DOD & DHS presidential travel complaint 01341

Page 1: JW v. DOD & DHS presidential travel complaint 01341

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Number of Pages:6

Date Created:July 7, 2017

Date Uploaded to the Library:July 17, 2017

Tags:01341, presidential, determination, Force, received, Dod, SECRET, defendants, requests, complaint, service, Pentagon, DHS, president, defendant, filed, Obama, plaintiff, request, document, records, travel, FOIA, department, Washington


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Case 1:17-cv-01341 Document Filed 07/07/17 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 DEFENSE,
1400 Defense Pentagon
Washington, 20301,
and
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 Defendants U.S. Department
Defense and 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).
Case 1:17-cv-01341 Document Filed 07/07/17 Page
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
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 Defense agency the U.S. Government and headquartered 1400 Defense Pentagon, Washington, 20301. Defendant has possession,
custody, and control records which Plaintiff seeks access.
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. Air Force Air Force component Defendant U.S. Department Defense.
The U.S. Secret Service Secret Service component Defendant U.S.
Department Homeland Security. April 2017, Plaintiff served multiple FOIA requests the Air Force and the
Secret Service, seeking access records about VIP travel.
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Case 1:17-cv-01341 Document Filed 07/07/17 Page
Plaintiff FOIA requests the Air Force sought any and all records concerning
(i) mission taskings; (ii) transportation costs; and (iii) passenger manifests (DD-2131) for the
following persons and trips:
President Donald Trump
(Palm Beach, Florida April 6-9, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
Former President Barack Obama
(Chicago, January 20, 2009 January 20, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
04/10/17
05/08/17
Unknown
04/14/17
05/12/17
Unknown
President Donald Trump
(Palm Beach, Florida April 14-16, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
04/24/17
05/22/17
2017-02559-F
The requests were received the Air Force, and the Air Force determinations were due the
dates indicated. The Air Force has assigned the requests the FOIA/File numbers indicated.
10.
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 Donald Trump and companions
(Palm Beach, Florida April 6-9, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
05/11/17
06/09/17
20171583
-3-
Case 1:17-cv-01341 Document Filed 07/07/17 Page
Former President Barack Obama and companions
(Chicago, Illinois January 20, 2009 January 20, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
Former President Barack Obama and companions
(Chicago, Illinois January 20, 2017 April 12, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
05/11/17
06/09/17
20171584
05/11/17
06/09/17
20171582
President Donald Trump and companions
(Palm Beach, Florida April 14-16, 2017)
FOIA Request Received:
Determination Due:
FOIA/File No.:
05/15/17
06/13/17
20170918
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.
11. the date this Complaint, the Air Force and the Secret Service have 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) produce the requested records otherwise demonstrate that the requested
records are exempt from production.
COUNT
(Violation FOIA, U.S.C. 552)
12.
Plaintiff realleges paragraphs through fully stated herein.
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Case 1:17-cv-01341 Document Filed 07/07/17 Page
13.
Defendants are violating FOIA failing search for and produce all records
responsive Plaintiff requests demonstrate that the requested records are lawfully exempt
from production.
14.
Plaintiff being irreparably harmed Defendants violations FOIA, and
Plaintiff will continue irreparably harmed unless Defendants are compelled comply with
FOIA.
15. trigger FOIA administrative exhaustion requirement, Defendants were
required make determinations with respect Plaintiff requests within twenty (20) working
days receiving the request. Accordingly, Defendants determinations were due before
the dates indicated paragraphs and 10. minimum, Defendants were required to: (i)
gather and review the requested documents; (ii) determine and communicate Plaintiff the
scope any responsive records Defendants 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).
16.
Because Defendants 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).
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendants
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 Defendants produce, date certain, any and all non-exempt records
responsive Plaintiff FOIA requests and Vaughn index any responsive records withheld
-5-
Case 1:17-cv-01341 Document Filed 07/07/17 Page
under claim exemption; (3) enjoin Defendants 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: July 2017
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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