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Judicial Watch • JW v. DOJ Danik FBI audit complaint 02283

JW v. DOJ Danik FBI audit complaint 02283

JW v. DOJ Danik FBI audit complaint 02283

Page 1: JW v. DOJ Danik FBI audit complaint 02283

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Number of Pages:4

Date Created:October 1, 2018

Date Uploaded to the Library:October 03, 2018

Tags:02283, Seidel, Danik, audit, complaint, justice, responsive, defendant, michael, filed, plaintiff, request, document, FBI, records, DOJ, department, FOIA, Washington, district


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Case 1:18-cv-02283 Document Filed 10/02/18 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, S.W., Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT JUSTICE,
950 Pennsylvania Avenue, N.W.
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 1:18-cv-02283 Document Filed 10/02/18 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, N.W., Washington, 205300001.
STATEMENT FACTS Danik U.S. Department Justice, Case No. 17-cv-01792 (TSC) (D. District Columbia), the U.S. Department Justice submitted declaration from Michael Seidel,
the Assistant Section Chief the Record/Information Dissemination Section the Federal
Bureau Investigation Information Management Division, stating, 2017, the FBI audited
text messages and found instances non-compliance. See Declaration Michael
Seidel, Docket Entry No. 19-2, light that testimony, August 27, 2018, Plaintiff submitted FOIA request the FBI, component Defendant, seeking the FBI audit. letter dated August 31, 2018, the FBI acknowledged receiving Plaintiff
FOIA request and assigned FOIAPA Request Number 1415091-000. the date this Complaint, the FBI 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 determinations.
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Case 1:18-cv-02283 Document Filed 10/02/18 Page
COUNT
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
10.
Plaintiff being irreparably harmed Defendant violation FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with it.
11. trigger FOIA administrative exhaustion requirement, Defendant was
required make final determination Plaintiff FOIA request within the time limits set
FOIA. Accordingly, Defendant determination was due October 2018. minimum,
Defendant was obligated to: (i) gather and review the requested records; (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).
12.
Because Defendant failed determine whether comply with Plaintiff FOIA
request, 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 search for any and all records responsive Plaintiff FOIA request and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA request; (2) order Defendant produce, date certain, any and all nonexempt 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
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Case 1:18-cv-02283 Document Filed 10/02/18 Page
U.S.C. 552(a)(4)(E); and (5) grant Plaintiff such other relief the Court deems just and
proper.
Dated: October 2018
Respectfully submitted,
/s/ Michael Bekesha
Michael Bekesha (D.C. Bar No. 995749
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
Phone: (202) 646-5172
Counsel for Plaintiff
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