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Judicial Watch • JW v DOD FT Leonard Wood Petraeus threat complaint 00060

JW v DOD FT Leonard Wood Petraeus threat complaint 00060

JW v DOD FT Leonard Wood Petraeus threat complaint 00060

Page 1: JW v DOD FT Leonard Wood Petraeus threat complaint 00060

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Number of Pages:4

Date Created:January 11, 2017

Date Uploaded to the Library:January 24, 2017

Tags:Wood, 00060, threat, Petraeus, Stevens, produce, Dod, Defense, Leonard, requested, complaint, responsive, Pentagon, defendant, filed, plaintiff, request, document, records, FOIA, Washington


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Case 1:17-cv-00060-JDB Document Filed 01/11/17 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,
Defendant.
____________________________________)
Civil Action No.
COMPLAINT
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:
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, accountability,
and integrity government and fidelity the rule law. part its mission, Plaintiff
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
Case 1:17-cv-00060-JDB Document Filed 01/11/17 Page
responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant U.S. Department Defense agency the United States
Government and headquartered 1400 Defense Pentagon, Washington, 20301.
Defendant has possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS August 22, 2016, Plaintiff submitted FOIA request the Administrative
Services FOIA officer Fort Leonard Wood seeking the following:
The entire PowerPoint presentation operational security
delivered soldiers Fort Leonard Wood that contained slide
depicting Gen. David Petraeus and former Secretary State
Hillary Rodham Clinton, among others, examples insider
threats.
The request referenced August 21, 2016 article the Daily Caller discussing the presentation
and included copy the article. letter dated August 29, 2016, Fort Leonard Wood FOIA/Privacy Act officer,
Joyce Stevens, acknowledged receipt Plaintiff request and advised Plaintiff that the
request had been assigned control number FA-16-0037. letter dated September 13, 2016, Ms. Stevens advised Plaintiff that Plaintiff
request had been referred the Deputy Chief Staff, G-3-5-7, HQDA, DCS G-3/5/7 ATTN:
DAMO-ZCA FOIA, 400 Army Pentagon, Washington, 20310-0400 for processing and
direct response you. the date this Complaint, Defendant has failed to: (i) produce the
requested records demonstrate that the requested records are lawfully exempt from
production; (ii) notify Plaintiff the scope any responsive records Defendant intends
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Case 1:17-cv-00060-JDB Document Filed 01/11/17 Page
produce withhold and the reasons for any withholdings; (iii) inform Plaintiff that may
appeal any adequately specific, adverse determination.
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 request demonstrate that the requested records are lawfully exempt
from production.
11.
Plaintiff being irreparably harmed reason Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
12. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request within twenty (20) working
days receiving the request. Accordingly, Defendant determination was due about
September 27, 2016. 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 determine whether comply with Plaintiff request
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 1:17-cv-00060-JDB Document Filed 01/11/17 Page
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
search for any and all records responsive Plaintiff FOIA request and demonstrate that
employed search methods reasonably calculated uncover all records responsive the request;
(2) order Defendant produce, date certain, any and all non-exempt records responsive
Plaintiff 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 Plaintiff FOIA request; (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: January 11, 2017
Respectfully submitted,
/s/ Paul Orfanedes
Paul Orfanedes
D.C. Bar No. 429716
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
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