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Judicial Watch • JW v DOJ CNN Stone arrest complaint 00795

JW v DOJ CNN Stone arrest complaint 00795

JW v DOJ CNN Stone arrest complaint 00795

Page 1: JW v DOJ CNN Stone arrest complaint 00795

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Number of Pages:5

Date Created:March 21, 2019

Date Uploaded to the Library:March 26, 2019

Tags:00795, Roger Stone, Special Counsel, CNN, Mueller, defendant, FBI, DOJ, FOIA


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Case 1:19-cv-00795 Document Filed 03/21/19 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. brings this action against Defendant U.S. Department
Justice compel compliance with the Freedom Information Act, U.S.C. 552. 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 1:19-cv-00795 Document Filed 03/21/19 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 January 25, 2019, Plaintiff submitted FOIA request the Federal Bureau
Investigation FBI component Defendant, seeking access the following:
All records communications, whether email (on
.gov non.gov email accounts), text message, instant
chat, between officials the FBI, including but not
limited officials the offices the FBI Director, FBI
Deputy Director, Office General Counsel, Office
Public Affairs, and/or the FBI Miami Field Office
the one hand, and employees, contractors, and
representatives CNN the other hand, regarding
the arrest former Trump campaign official Roger
Stone January 25, 2019.
The time frame the request was identified January 2019 the present. The request
was sent certified mail.
That same day, January 25, 2019, Plaintiff also submitted FOIA request the
Special Counsel Office SCO component Defendant, seeking access the following:
All records communications, including but not
limited emails, text messages and instant
chats/messages, between SCO officials the one hand,
and employees, representatives and contractors CNN the other hand, regarding the January 25, 2019
arrest former Trump campaign aid Roger Stone.
All records communications, including but not
limited emails, text messages and instant
chats/messages, between SCO officials the one hand
and persons acting interlocutors for SCO
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Case 1:19-cv-00795 Document Filed 03/21/19 Page
communicate with CNN the other hand, regarding
the January 25, 2019 arrest former Trump campaign
aide Roger Stone.
The time frame the request was identified January 2019 the present. Plaintiff also
served copy its request SCO Defendant FOIA/PA Mail Referral Unit. Both the
request and the copy were sent certified mail.
According U.S. Postal Service records, Plaintiff request the FBI was
delivered January 30, 2019. February 2019, Plaintiff submitted another FOIA request the FBI seeking
access the following:
All documents and other materials used the planning
and preparation for the arrest and raid the home
former Trump campaign aide Roger Stone January
25, 2019, including but not limited operational plans,
briefing materials and maps, memoranda, photographs,
and PowerPoint presentations.
All records communications sent from the
following FBI officials regarding the arrest and/or raid the home Roger Stone: the FBI Director, Deputy
Director, Director Chief Staff, and Executive
Assistant Director for the Criminal Division.
All records communications sent from the
Special Agent Charge the Miami Field Office
regarding the arrest and/or raid the home Roger
Stone.
The time frame the request was identified January 2019 the present. Again, the
request was sent certified mail.
According U.S. Postal Service Records, both Plaintiff request SCO and the
cc-ed copy the request served Defendant FOIA/PA Mail Referral Unit were delivered February 2019.
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Case 1:19-cv-00795 Document Filed 03/21/19 Page
10. letter dated February 2019, the FBI acknowledged receipt Plaintiff
January 25, 2019 request and informed Plaintiff that the request had been assigned FOIPA
Request No. 1428009-000 for tracking purposes.
11.
According U.S. Postal Service Records, Plaintiff February 2019 request
the FBI was delivered February 2019.
12. letter dated February 14, 2019, the FBI acknowledged receipt Plaintiff
February 2019 request and informed Plaintiff that the request had been assigned FOIPA
Request No. 14288723-000 for tracking purposes.
13. 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)
14.
Plaintiff realleges paragraphs through fully stated herein.
15.
Defendant violation FOIA.
16.
Plaintiff being irreparably harmed Defendant violation FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with it.
17. trigger FOIA administrative exhaustion requirement, Defendant was
required make final determinations Plaintiff FOIA requests within the time limits set
FOIA. Accordingly, Defendant determinations were due March 15, 2019 the latest.
18.
Because Defendant failed make final determinations Plaintiff FOIA
requests within the time limits set FOIA, Plaintiff deemed have exhausted its
administrative appeal remedies.
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Case 1:19-cv-00795 Document Filed 03/21/19 Page
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct searches for any and all records responsive Plaintiff FOIA requests and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA requests; (2) order Defendant produce, date certain, any and all nonexempt records responsive Plaintiff FOIA requests and Vaughn indices any responsive
records withheld under claim exemption; (3) enjoin Defendant from continuing withhold
any and all non-exempt records responsive Plaintiff FOIA 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: March 21, 2019
Respectfully submitted,
/s/ James Peterson
James Peterson
D.C. Bar No. 450171
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
Tel: (202) 646-5175
Email: jpeterson@judicialwatch.org
Counsel for Plaintiff
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