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Judicial Watch • JW v DOJ Mueller Contractors Complaint 01464

JW v DOJ Mueller Contractors Complaint 01464

JW v DOJ Mueller Contractors Complaint 01464

Page 1: JW v DOJ Mueller Contractors Complaint 01464

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Number of Pages:4

Date Created:May 20, 2019

Date Uploaded to the Library:May 21, 2019

Tags:01464, Mueller, Special, Trump, DOJ, FOIA, Washington


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Case 1:19-cv-01464 Document Filed 05/20/19 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. Plaintiff brings this action against the U.S. Department Justice Defendant DOJ 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 the Freedom Information Act
Case 1:19-cv-01464 Document Filed 05/20/19 Page FOIA Plaintiff analyzes the responses and disseminates its findings 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, N.W., Washington, 20530-0001.
STATEMENT FACTS January 2019, Plaintiff submitted FOIA request the Office Special
Counsel OSC component DOJ, seeking access the following records:
All records related the hiring, engagement and
payment for services any and all contractors used
the Office Special Counsel the investigation the
Trump campaign and Trump administration officials,
including but not limited detailed Statements
Expenditures.
All records communication between OSC officials
and employees and representatives contractors
employed the OSC the investigation the Trump
campaign and Trump administration officials,
including but not limited emails, text messages,
instant chats and written correspondence.
The time frame for the request was identified May 2017 the present. Plaintiff cc-ed copy the request DOJ FOIA/PA Mail Referral Unit, which receives FOIA requests.
According U.S. Postal Service records, both OSC and the FOIA/PA Mail
Referral Unit received the request January 11, 2019. the date this Complaint, neither OSC nor DOJ have: (i) produced the
requested records demonstrated that the requested records are lawfully exempt from
production; (ii) notified Plaintiff the scope any responsive records they intend produce
withhold and the reasons for any withholdings; (iii) informed Plaintiff that may appeal any
adequately specific, adverse determination.
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Case 1:19-cv-01464 Document Filed 05/20/19 Page
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 request within the time limits set FOIA.
Accordingly, Defendant determination was due February 11, 2019 the latest.
12.
Because Defendant failed make final determination Plaintiff 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 the request; (2) order Defendant produce, date certain, any and all non-exempt records
responsive Plaintiff request and Vaughn indices any responsive records withheld under
claim 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.
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Case 1:19-cv-01464 Document Filed 05/20/19 Page
Dated: May 20, 2019
Respectfully submitted,
/s/ Paul Orfanedes
Paul Orfanedes
D.C. Bar No. 429716
JUDICIAL WATCH, INC.
Counsel for Plaintiff
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