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Judicial Watch • JW v DOJ Comey testimony complaint 00220

JW v DOJ Comey testimony complaint 00220

JW v DOJ Comey testimony complaint 00220

Page 1: JW v DOJ Comey testimony complaint 00220

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Number of Pages:4

Date Created:January 31, 2018

Date Uploaded to the Library:February 02, 2018

Tags:00220, Administrative, Comey, peterson, testimony, determination, appeal, Pennsylvania, complaint, responsive, defendant, filed, plaintiff, request, FBI, document, DOJ, records, FOIA, James, Washington


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Case 1:18-cv-00220 Document Filed 01/31/18 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
Case 1:18-cv-00220 Document Filed 01/31/18 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 August 14, 2017, 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 prior and regarding Comeys
testimony before the Senate Select Committee Intelligence June 2017. The timeframe for this request May 15,
2017 through June 2017;
(2) All records communications between the FBI and former
FBI director James Comey relating upcoming book
authored Mr. Comey and published. The timeframe for this
request May 2017 the present;
(3) 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 FBI responded Plaintiff request letter dated September 2017 and
advised Plaintiff that the request has been assigned reference number 1382513-000. The FBI
also advised Plaintiff that had searched the Central Records System, but was unable
identify records responsive [Plaintiff FOIA.
-2-
Case 1:18-cv-00220 Document Filed 01/31/18 Page November 2017, Plaintiff submitted timely administrative appeal
challenging the adequacy the FBI search. email received also November 2017,
Defendant acknowledged receipt Plaintiff administrative appeal and advised Plaintiff the
appeal had been assigned reference number DOJ-AP-2018-000634.
Pursuant U.S.C. 552(a)(6)(A)(ii), Defendant was required make
determination Plaintiff administrative appeal within twenty (20) working days and notify
Plaintiff its determination. Accordingly, Defendant determination was due December
2017 the latest. the date this Complaint, Defendant has failed make determination Plaintiff administrative appeal notify Plaintiff its determination.
10.
Because Defendant failed comply with the time limit set forth U.S.C.
552(a)(6)(A)(ii), Plaintiff deemed have exhausted any and all administrative remedies with
respect its FOIA request, pursuant U.S.C. 552(a)(6)(C).
COUNT
(Violation FOIA, U.S.C. 552)
11.
Plaintiff realleges paragraphs through fully stated herein.
12.
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.
13.
Plaintiff being irreparably harmed Defendant violation FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with
FOIA.
-3-
Case 1:18-cv-00220 Document Filed 01/31/18 Page
14.
Because Defendant has failed make determination Plaintiff request
appeal, Plaintiff has exhausted its administrative remedies.
15.
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
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: January 31, 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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