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Judicial Watch • JW v DOJ Comey book complaint 00894

JW v DOJ Comey book complaint 00894

JW v DOJ Comey book complaint 00894

Page 1: JW v DOJ Comey book complaint 00894

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Number of Pages:4

Date Created:April 16, 2018

Date Uploaded to the Library:April 17, 2018

Tags:00894, book, peterson, produce, Comey, Pennsylvania, complaint, responsive, defendant, filed, plaintiff, request, document, records, FBI, DOJ, James, FOIA, Washington


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Case 1:18-cv-00894 Document Filed 04/17/18 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 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. 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
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Case 1:18-cv-00894 Document Filed 04/17/18 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 Defendant DOJ agency the
United States Government and headquartered 950 Pennsylvania Avenue NW, Washington, 20530-0001. information and belief, Defendant has possession, custody, and control
records which Plaintiff seeks access.
STATEMENT FACTS March 16, 2018, Plaintiff submitted FOIA request the Federal Bureau
Investigation FBI component Defendant, seeking the following records for the
timeframe specified:
(1) All records communications between the FBI and former
FBI director James Comey relating upcoming book
authored Mr. Comey and published.
(2) All records, including but not limited forms completed former FBI director James Comey, relating the
requirement for prepublication review the FBI any book authored Comey with the intent
published otherwise publicly available.
The timeframe for these requests was identified August 15, 2017 the present.
The FBI responded Plaintiff request letter dated April 2018 and
advised Plaintiff that the request has been assigned FOIPA Request No. 1400640-000. 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.
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Case 1:18-cv-00894 Document Filed 04/17/18 Page
COUNT
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
Defendant has violated FOIA failing and/or refusing employ search methods
reasonably likely lead the discovery records responsive Plaintiff request and,
accordingly, failing and/or refusing produce any and all non-exempt records responsive the
request.
10.
Plaintiff being irreparably harmed Defendant violation FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with
FOIA.
11. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request within twenty (20) working
days receiving the request. the latest, Defendant determination was due April 13,
2018. minimum, these dates Defendant was required to: (i) gather and review the
requested documents; (ii) determine and communicate Plaintiff the scope any responsive
records Defendants 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 Wash. Federal Election Comm 711 F.3d 180, 18889 (D.C. Cir. 2013).
12.
Plaintiff has adequate remedy law.
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct searches for any and all records responsive Plaintiff request and demonstrate that
employed search methods reasonably likely lead the discovery records responsive the
request; (2) order Defendant produce, date certain, any and all non-exempt records
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Case 1:18-cv-00894 Document Filed 04/17/18 Page
Plaintiff 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; (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: April 17, 2018
Respectfully submitted,
/s/ James Peterson
James Peterson
D.C. Bar No. 450171
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
Phone: (202) 646-5172
Counsel for Plaintiff
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