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Case 1:17-cv-00421 Document Filed 03/08/17 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, S.W., Suite 800
Washington, 20024,
Plaintiff,
UNITED STATES DEPARTMENT JUSTICE,
950 Pennsylvania Avenue, N.W.
Washington, 20530-0001,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant United States
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. not-for-profit, educational organization
incorporated under the laws the District Columbia and headquartered 425 Third Street
S.W., 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 agencies
Case 1:17-cv-00421 Document Filed 03/08/17 Page
responses its requests and disseminates both its findings and the requested records the public inform them about what their government to.
Defendant United States Department Justice agency the United States
Government and headquartered 950 Pennsylvania Avenue, NW, Washington,
20530-0001. Defendant has possession, custody, and control records which Plaintiff seeks
access.
STATEMENT FACTS June 29, 2016 Plaintiff submitted FOIA request Defendant, via certified
mail, seeking access the following: Any and all records and/or transcripts meeting held between Attorney
General Loretta lynch and former President Bill Clinton June 28, 2016. Any and all records communication sent from officials the Office
the Attorney General regarding the meeting held between Attorney General Loretta
Lynch and former President Bill Clinton June 28, 2016. Any and all records communication sent from officials the Office
the Deputy Attorney General regarding the meeting held between Attorney General
Loretta Lynch and former President Bill Clinton June 28, 2016. Any and all references the meeting held between Attorney General Loretta
Lynch and former President Bill Clinton contained day planners, calendars and
schedules the Office the Attorney General.
According U.S. Postal Service records, Plaintiff request was received
Defendant July 2016. December 2016, Defendant acknowledged receipt Plaintiff request and
assigned the request numbers DOJ-2017-000657 (AG) and DOJ-2017-000674 (DAG). 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 Defendants intends produce withhold and the
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Case 1:17-cv-00421 Document Filed 03/08/17 Page
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
receipt. the latest, the Defendant determination was due January 2017.
minimum, this date 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 make determination with respect 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-00421 Document Filed 03/08/17 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 requests; (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: March 2017
Respectfully submitted,
/s/ Jason Aldrich
Jason Aldrich
D.C. Bar No. 495488
JUDICIAL WATCH, INC.
425 Third Street S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
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