JW v DOJ Comey testimony complaint 02316
Number of Pages:4
Date Created:November 2, 2017
Date Uploaded to the Library:November 06, 2017
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Case 1:17-cv-02316 Document Filed 11/02/17 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 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 responses and disseminates its findings Case 1:17-cv-02316 Document Filed 11/02/17 Page and the requested records the American public inform them about what their government to. Defendant agency the United States Government. Defendant has possession, custody, and control records which Plaintiff seeks access. Defendant headquartered 950 Pennsylvania Avenue NW, Washington, 20530-0001. STATEMENT FACTS August 14, 2017, Plaintiff submitted FOIA request, through on-line submission system, Defendant seeking the following records: All records communications between the Dept Justice and former FBI director James Comey prior and regarding Comeys testimony before the Senate Select Committee Intelligence June 2017. The timeframe for the request was May 15, 2017 June 2017. letter dated September 14, 2017, Defendant acknowledged receipt Plaintiff FOIA request August 14, 2017. The letter confirmed that Plaintiff and Defendant subsequently agreed that four components Defendant would searched and assigned tracking numbers each: (i) Office the Attorney General (DOJ-2017-006052(AG)); (ii) Office the Deputy Attorney General (DOJ-2017-006608 (DAG)); (iii) Office Legislative Affairs (DOJ2017-006609)); Office Public Affairs (DOJ-2017-006610)). Defendant also advised that unusual circumstances required extend the time for its response beyond the ten additional days provided the statute. Defendant did not specify when would issue its determination the request. 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 -2- Case 1:17-cv-02316 Document Filed 11/02/17 Page 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) Plaintiff realleges paragraphs through fully stated herein. Plaintiff being irreparably harmed Defendant violation FOIA, and Plaintiff will continue irreparably harmed unless Defendant compelled comply with FOIA. 10. trigger FOIA administrative exhaustion requirement, Defendant was required determine whether comply with the request within thirty (30) working days receipt. Accordingly, Defendant determination was due about October 30, 2017. 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). 11. Because Defendant failed determine whether comply with Plaintiff request within the time period 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 searches for any and all records responsive Plaintiff FOIA 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 FOIA request and Vaughn index any responsive records withheld under claim -3- Case 1:17-cv-02316 Document Filed 11/02/17 Page 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: November 2017 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) 646-5172 Email: jpeterson@judicialwatch.org Counsel for Plaintiff -4-