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Judicial Watch • JW v. DOJ FISA transcripts complaint 01050

JW v. DOJ FISA transcripts complaint 01050

JW v. DOJ FISA transcripts complaint 01050

Page 1: JW v. DOJ FISA transcripts complaint 01050

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Number of Pages:4

Date Created:May 3, 2018

Date Uploaded to the Library:May 03, 2018

Tags:01050, Surveillance, transcripts, FISA, foreign, Intelligence, complaint, justice, defendant, michael, plaintiff, DOJ, FOIA, Washington


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Case 1:18-cv-01050 Document Filed 05/03/18 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-01050 Document Filed 05/03/18 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
Devin Nunes, Chairman the Permanent Select Committee Intelligence,
requested that the Foreign Intelligence Surveillance Court provide particular hearing transcripts the Committee.
Judge Rosemary Collyer, the Presiding Judge, responded that the Court would
review the request and wrote, [Y]ou may note that the Department Justice possesses (or can
easily obtain) the same responsive information the Court might possess. February 16, 2018, certified mail, Plaintiff submitted FOIA request
Defendant seeking the same records. Specifically, Plaintiff requested copies all transcripts
hearings before the Foreign Intelligence Surveillance Court regarding applications for
renewals Foreign Intelligence Surveillance Act warrants relating Carter Page and/or
Michael Flynn.
According U.S. Postal Service records, Defendant received Plaintiff FOIA
request February 26, 2018. 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
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Case 1:18-cv-01050 Document Filed 05/03/18 Page
produce withhold and the reasons for any withholdings; (iii) inform Plaintiff that may
appeal any adequately specific, adverse determinations.
COUNT
(Violation FOIA, U.S.C. 552)
10.
Plaintiff realleges paragraphs through fully stated herein.
11.
Plaintiff being irreparably harmed Defendant violation FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with
FOIA.
12. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff FOIA request within the time limit set FOIA. Accordingly, Defendant determination with respect Plaintiff FOIA request was
due April 2018. minimum, 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).
13.
Because Defendant failed determine whether comply with Plaintiff FOIA
requests, 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 Plaintiff FOIA request; (2) order Defendant produce, date certain, any and all non-3-
Case 1:18-cv-01050 Document Filed 05/03/18 Page
exempt 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
U.S.C. 552(a)(4)(E); and (5) grant Plaintiff such other relief the Court deems just and
proper.
Dated: May 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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