Skip to content

Get Judicial Watch Updates!

DONATE

Judicial Watch • JW v. DOJ Awan Bros complaint 02563

JW v. DOJ Awan Bros complaint 02563

JW v. DOJ Awan Bros complaint 02563

Page 1: JW v. DOJ Awan Bros complaint 02563

Category:

Number of Pages:4

Date Created:November 7, 2018

Date Uploaded to the Library:November 07, 2018

Tags:Bros, Awan, 02563, Surveillance, peterson, Plaintiffs, letter, Exempt, complaint, responsive, defendant, filed, plaintiff, request, document, FBI, records, DOJ, FOIA, Washington


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case 1:18-cv-02563 Document Filed 11/07/18 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 JUSTICE,
950 Pennsylvania Avenue
Washington, 20530-0001,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. (Plaintiff) brings this action against Defendant U.S.
Department Justice compel compliance with the Freedom Information Act, U.S.
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. (Plaintiff) 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
Case 1:18-cv-02563 Document Filed 11/07/18 Page
the responses receives and disseminates its findings and any responsive records the
American public inform them about what their government to.
Defendant U.S. Department Justice (DOJ) agency the United States
Government and headquartered 950 Pennsylvania Avenue NW, Washington, 205300001. information and belief, DOJ has possession, custody, and control records which
Plaintiff seeks access.
STATEMENT FACTS May 26, 2017, Plaintiff submitted FOIA request the Federal Bureau
Investigation (FBI), component ofDOJ, seeking the following records: Any and all records related any investigations preliminary
investigations involving former congressional support staffers Abid Awan,
Imran Awan, Jamal wan, and Hina Alvi. part this request,
searches should records [sic] should include, but not limited to, the FBI
automated indices, its older manual indices, and its Electronic Surveillance
(EL SUR) Data Management System (EDMS), well cross-referenced
files. Any and all records communication sent from FBI employees,
officials contractors involving the subjects bullet item
The timeframe for the requested records was identified May 2015 the present. letter dated June 19, 2018, the FBI acknowledged receipt Plaintiffs
request. The letter stated that the request had been assigned FOIAPA Request No. 1377626-000.
The letter further stated that the FBI could neither confirm nor deny the existence the records,
which, they existed, would exempt from disclosure under various FOIA exemptions.
Following timely administrative appeal (Appeal No. DOJ-AP-2017-005310),
DOJ affirmed the denial Plaintiffs request letter dated January 11, 2018, albeit
different grounds.
-2-
Case 1:18-cv-02563 Document Filed 11/07/18 Page July 2018, Plaintiff submitted related FOIA request the FBI seeking the
following records: Any and all records related any investigations preliminary
investigations involving former congressional support staffers Abid Awan,
Imran Awan, Jamal wan, Hina Alvi and Rao Abbas. part this
request, searches records should include, but not limited to, the FBI
automated indices, its older manual indices, and its Electronic Surveillance
(EL SUR) Data Management System (EDMS), well cross-referenced
files. All records communications, including but not limited emails (whether .gov non-.gov email accounts), text messages, instant chats messages the Lyne system, sent from FBI employees, officials contractors
involving the Awan brothers, Ms. Alvi and Mr. Abbas. Records
communications searched should include but not limited those between
FBI officials, employees and contractors and officials with the Capitol Police,
the Office the Inspector General the House, and the Office the Chief
Administrative Officer the House.
The timeframe for the requested records was identified January 2015 the present. letter dated July 25, 2018, the FBI responded Plaintiffs request. The
letter referenced the request FOIAPA Request No. 1377626-001. The letter stated that the
requested records were located investigative file and exempt from disclosure.
10.
Following timely administrative appeal (Appeal No. DOJ-AP-2018-007900),
DOJ affirmed the denial Plaintiffs request letter dated September 12, 2018.
COUNT!
(Violation ofFOIA, U.S.C. 552)
11.
Plaintiff realleges paragraphs through fully stated herein.
12.
Defendant violating FOIA failing and/or refusing search for, identify, and
produce any and all non-exempt records responsive Plaintiffs request.
-3-
Case 1:18-cv-02563 Document Filed 11/07/18 Page
13.
Plaintiff being irreparably harmed Defendants violations FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with
FOIA.
14.
Plaintiff has adequate remedy law.
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct searches for any and all records responsive Plaintiffs request and demonstrate that
they 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 request and Vaughn index any responsive records withheld under
claim exemption; (3) enjoin Defendant from continuing withhold any and all non-exempt
records responsive the request; 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: November 2018
Respectfully submitted,
Isl James Peterson
James Peterson
D.C. Bar No. 450171
JUDICIAL WATCH, INC.
-4-