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Judicial Watch • JW v. DOJ Carter Page FISA complaint 01088

JW v. DOJ Carter Page FISA complaint 01088

JW v. DOJ Carter Page FISA complaint 01088

Page 1: JW v. DOJ Carter Page FISA complaint 01088

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Number of Pages:5

Date Created:May 9, 2018

Date Uploaded to the Library:May 10, 2018

Tags:01088, USSCJ, HPSCI, carter page, FISA, Trump, FBI, DOJ, FOIA


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Case 1:18-cv-01088 Document Filed 05/09/18 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.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. 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-01088 Document Filed 05/09/18 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 February 2018, Plaintiff submitted FOIA request DOJ seeking the
following records:
Any and all records communications and
correspondence between DOJ officials and Members the U.S.
Senate Committee the Judiciary USSCJ and/or their staff
members regarding USSCJ attempts acquire the applications
and renewals for FISA warrants against Carter Page and any other
members President Trump presidential campaign, well
any records relating forming the basis those FISA warrant
applications/renewals.
Any and all records communications and
correspondence between DOJ officials and Members the House
Permanent Select Committee Intelligence HPSCI and/or
their staff members, regarding HPSCI attempts acquire the
applications and renewals for FISA warrants against Carter Page
and any other members President Trump presidential
campaign, well any records relating forming the basis
those FISA warrant applications and renewals.
The timeframe for the requested records was identified June 2016 the present. the same day, Plaintiff submitted FOIA request the Federal Bureau
Investigation FBI component DOJ, seeking the following records:
Any and all records communications and
correspondence between FBI officials and Members the U.S.
Senate Committee the Judiciary USSCJ and/or their staff
members regarding USSCJ attempts acquire the applications
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Case 1:18-cv-01088 Document Filed 05/09/18 Page
and renewals for FISA warrants against Carter Page and any other
members President Trump presidential campaign, well
any records relating forming the basis those FISA warrant
applications/renewals.
Any and all records communications and
correspondence between FBI officials and Members the House
Permanent Select Committee Intelligence HPSCI and/or
their staff members, regarding HPSCI attempts acquire the
applications and renewals for FISA warrants against Carter Page
and any other members President Trump presidential
campaign, well any records relating forming the basis
those FISA warrant applications and renewals.
The time frame for the requested records also was identified June 2016 the present.
The FBI acknowledged receipt Plaintiff request two separate letters dated
February 22, 2018. The FBI first letter addressed the first part Plaintiff request only the
request for records communications and correspondence with USSCJ and advised Plaintiff
that the first part the request had been assigned FOIPA Request No. 1396615-000. The FBI
second letter addressed the second part Plaintiff request only the request for records
communications and correspondence with HPSCI and advised Plaintiff that the second part
its request had been assigned FOIPA Request No. 1396646-000.
DOJ Office Legislative Affairs acknowledged receipt Plaintiff request letter dated March 23, 2018 and advised Plaintiff that the request had been assigned Tracking
No. DOJ-2018-002923 (OLA). DOJ acknowledgement letter also invoked FOIA 10-day
extension time provision. the date this Complaint, DOJ and the FBI have 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 they intend produce
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Case 1:18-cv-01088 Document Filed 05/09/18 Page
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)
10.
Plaintiff realleges paragraphs through fully stated herein.
11.
Defendant violating FOIA failing and/or refusing search for, identify, and
produce any and all non-exempt records responsive Plaintiff requests.
12.
Plaintiff being irreparably harmed Defendant violations FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with
FOIA.
13.
Because DOJ invoked FOIA 10-day extension time provision, Defendant was
required determine whether comply with Plaintiff requests within thirty (30) working days receiving the requests. Accordingly, Defendant determinations were due May 2018
the latest. this date Defendant was required to: (i) gather and review the requested
documents; (ii) make and communicate Plaintiff determination about the scope any
responsive records Defendant intended produce withhold and the reasons for any
withholdings; and (iii) inform Plaintiff that may appeal any adverse determination. See, e.g.,
Citizens for Responsibility and Ethics Wash. Federal Election Comm 711 F.3d 180, 18889 (D.C. Cir. 2013).
14.
Because Defendants failed determine whether comply with Plaintiff
requests within the time required FOIA, Plaintiff deemed have exhausted its
administrative appeal remedies. U.S.C. 552(a)(6)(C)(i).
15.
Plaintiff has adequate remedy law.
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Case 1:18-cv-01088 Document Filed 05/09/18 Page
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct searches for any and all records responsive Plaintiff requests and demonstrate that
they employed search methods reasonably likely lead the discovery records responsive
the requests; (2) order Defendant produce, date certain, any and all non-exempt records
responsive Plaintiff requests and Vaughn index any responsive records withheld under
claim exemption; (3) enjoin Defendant from continuing withhold any and all non-exempt
records responsive the 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: May 2018
Respectfully submitted,
/s/ Paul Orfanedes
Paul Orfanedes
D.C. Bar No. 429716
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
Phone: (202) 646-5172
Counsel for Plaintiff
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