Skip to content

Get Judicial Watch Updates!

DONATE

Judicial Watch • JW v DOJ Bruce Ohr complaint 00490

JW v DOJ Bruce Ohr complaint 00490

JW v DOJ Bruce Ohr complaint 00490

Page 1: JW v DOJ Bruce Ohr complaint 00490

Category:FOIA Request

Number of Pages:4

Date Created:March 1, 2018

Date Uploaded to the Library:March 01, 2018

Tags:Associate, 00490, Bruce Ohr, Case, determination, deputy, requested, Attorney, responsive, defendant, filed, plaintiff, request, document, 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-00490 Document Filed 03/01/18 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, S.W., Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT JUSTICE,
950 Pennsylvania Avenue, N.W.
Washington, 20530-0001,
Defendant.
____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. Plaintiff brings this action against Defendant U.S.
Department Justice Defendant 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 1:18-cv-00490 Document Filed 03/01/18 Page
responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant U.S. Department Justice agency the United States
Government. Defendant has possession, custody, and control records which Plaintiff seeks
access. Defendant headquartered 950 Pennsylvania Avenue, NW, Washington, 205300001.
STATEMENT FACTS December 2017, Plaintiff submitted FOIA request Defendant
certified mail, seeking copies of:
Any and all records contact communication, including but
not limited emails, text messages, and instant chats between former
Associate Deputy Attorney General Bruce Ohr and any the
following individuals/entities: former British intelligence officer
Christopher Steele; owner Fusion GPS, Glenn Simpson; and any other
employees representatives Fusion GPS.
Any and all travel requests, authorizations and expense reports for
former Associate Deputy Attorney General Bruce Ohr.
Any and all calendar entries former Associate Deputy Attorney
General Bruce Ohr.
The time frame for the requested records, stated the FOIA request, January 2015 the present.
According the United States Postal Service records, Plaintiff FOIA request
was received Defendant December 12, 2017. letter dated December 19, 2017, Defendant acknowledged receiving Plaintiff
FOIA request and informed Plaintiff that: have referred your request the DOJ
component(s) you have designated or, based descriptive information you have provided,
the component(s) most likely have the records. This was the last communication Plaintiff
-2-
Case 1:18-cv-00490 Document Filed 03/01/18 Page
received from Defendant connection with Plaintiff FOIA request.
Pursuant U.S.C. 552(a)(6)(A)(i), the Defendant was required determine
whether comply with Plaintiff request within (20) working days after its receipt the
request and notify Plaintiff immediately its determination, the records thereof, and the right appeal any adverse determination. Defendant determination was due January 11, 2018.
10. 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
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)
11.
Plaintiff realleges paragraphs through fully stated herein.
12.
Plaintiff being irreparably harmed Defendant violation FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with
FOIA.
13. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request within the time limits set
FOIA. Accordingly, Defendant determination was due about January 11, 2018. this
date, Defendant was obligated 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).
-3-
Case 1:18-cv-00490 Document Filed 03/01/18 Page
14.
Because Defendant failed determine whether comply with Plaintiff request
within the time 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 Defendant
conduct search for any and all records responsive Plaintiff FOIA request and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA request; (2) order Defendant produce, date certain, any and all nonexempt 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: March 2018
Respectfully submitted,
/s/ Ramona Cotca
Ramona Cotca (D.C. Bar No. 501159)
JUDICIAL WATCH, INC.
425 Third Street S.W., Suite 800
Washington, 20024
(202) 646-5172
rcotca@judicialwatch.org
Counsel for Plaintiff
-4-