Skip to content

Get Judicial Watch Updates!

DONATE

Judicial Watch • JW v. DOJ Midyear Exam talking pts complaint 00800

JW v. DOJ Midyear Exam talking pts complaint 00800

JW v. DOJ Midyear Exam talking pts complaint 00800

Page 1: JW v. DOJ Midyear Exam talking pts complaint 00800

Category:

Number of Pages:4

Date Created:March 22, 2019

Date Uploaded to the Library:March 25, 2019

Tags:00800, midyear exam, midyear, Hillary Clinton Email Scandal, Hillary Clinton, filed, document, FBI, DOJ, FOIA


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case 1:19-cv-00800 Document Filed 03/22/19 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. 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 1:19-cv-00800 Document Filed 03/22/19 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 records which Plaintiff seeks
access. Defendant headquartered 950 Pennsylvania Avenue NW, Washington, 205300001.
STATEMENT FACTS December 2018, Plaintiff submitted FOIA request the Federal Bureau Investigation FBI component Defendant, seeking access the following:
All final and draft copies talking points prepared
the FBI for its Executive Assistant Directors EADs
relating the Mid-Year Exam investigation MYE
Talking Points following the July 2016 James
Comey press conference which indicated that
would not recommend prosecuting Hillary Clinton.
All final and draft copies one-page version the
aforementioned MYE Talking Points created for FBI
Special Agents-in-Charge (SACs).
All final and draft copies charts statutory
violations considered during the investigation [of
Hillary Clinton server], and the reasons for the
recommendation not prosecute
Attached the request were email exchanges dated July 10, 2016 and July 14, 2016 between
FBI officials discussing the requested records. letter dated December 21, 2018, the FBI acknowledged receipt Plaintiff
request and informed Plaintiff that the request had been assigned FOIPA Request No. 1424914000 for tracking purposes. the date this Complaint, Defendant has failed to: (i) produce the
requested records demonstrate that the requested records are lawfully exempt from
-2-
Case 1:19-cv-00800 Document Filed 03/22/19 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.
COUNT
Violation FOIA, U.S.C. 552
Plaintiff realleges paragraphs through fully stated herein.
Defendant violation FOIA.
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 February 25, 2019 the latest,
taking into account the government shutdown from December 22, 2018 January 25, 2019.
12.
Because Defendant failed make final determination Plaintiff FOIA
request within the time limits set FOIA, 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 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 indices 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
-3-
Case 1:19-cv-00800 Document Filed 03/22/19 Page
U.S.C. 552(a)(4)(E); and (5) grant Plaintiff such other relief the Court deems just and
proper.
Dated: March 22, 2019
Respectfully submitted, Chris Fedeli
Chris Fedeli
D.C. Bar No. 472919
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
Tel: 202-646-5172
cfedeli@judicialwatch.org
Counsel for Plaintiff
-4-