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Judicial Watch • JW v DOJ Holtyn complaint 00873

JW v DOJ Holtyn complaint 00873

JW v DOJ Holtyn complaint 00873

Page 1: JW v DOJ Holtyn complaint 00873

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Number of Pages:4

Date Created:April 2, 2019

Date Uploaded to the Library:April 02, 2019

Tags:00873, ofFOIA, Holtyn, OCDETF, Pennsylvania, Plaintiffs, justice, Hillary Clinton, DOJ, FOIA


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Case 1:19-cv-00873 Document Filed 03/27/19 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
nJDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT nJSTICE,
950 Pennsylvania Avenue
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:
IBRISDICTION 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 1:19-cv-00873 Document Filed 03/27/19 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 ofrecords which Plaintiff seeks
access. Defendant headquartered 950 Pennsylvania Avenue NW, Washington, 205300001.
STATEMENT FACTS July 24, 2018, Plaintiff submitted FOIA request Defendant, via certified
mail, seeking access the following:
All records communications, including but not limited emails
(whether .gov non-.gov email accounts), text messages,
encrypted app messages instant chats, sent from DOJ official
Lisa Holtyn regarding Donald Trump, Hillary Clinton, Fusion GPS,
Christopher Steele, Nellie Ohr, the Clinton email server investigation,
the Russian-Trump campaign collusion investigation and/or Peter
Strzok.
Calendar, planner and daily scheduler entries, whether physical
electronic, for Lisa Holtyn.
The time frame for the request was identified January 2016 through the present. letter dated August 2018, Defendant acknowledged receipt Plaintiffs
request and advised Plaintiff that the request had been directed the Executive Office for
Organized Crime Drug Enforcement Task Force (OCDETF). letter dated September 2018, OCDETF acknowledged receipt Plaintiffs
request and advised Plaintiff that the request had been assigned tracking number F0IAOCD20l8-0036. its acknowledgement letter, OCDETF invoked FOIAs 10-day extension
time provision. the date this Complaint, Defendant has failed to: (i) produce the
requested records demonstrate that the requested records are lawfully exempt from
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Case 1:19-cv-00873 Document Filed 03/27/19 Page
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.
COUNTI
(Violation ofFOIA, U.S.C. 552)
Plaintiffrealleges paragraphs through fully stated herein.
10.
Defendant violation ofFOIA.
11.
Plaintiff being irreparably harmed Defendants violation FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with it.
12. trigger FOIAs administrative exhaustion requirement, Defendant was
required make final determination Plaintiffs FOIA request within the time limits set
FOIA. Accordingly, Defendants determination was due October 22, 2018 the latest.
13.
Because Defendant failed make final determination Plaintiffs FOIA
request within the time limits set IA, Plaintiff deemed have exhausted its
administrative appeal remedies.
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct searches for any and all records responsive Plaintiffs request and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOIA request; (2) order Defendant produce, date certain, any and all nonexempt records responsive Plaintiffs FOIA request and Vaughn indices any responsive
records withheld under claim exemption; (3) enjoin Defendant from continuing withhold
any and all non-exempt records responsive Plaintiffs 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.
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Case 1:19-cv-00873 Document Filed 03/27/19 Page
Dated: March 27, 2019
Respectfully submitted,
/s/ Jason Aldrich
Jason Aldrich
D.C. Bar No. 495488
JUDICIAL VATCH, INC.
Counsel .for laintt/T
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