Skip to content

Get Judicial Watch Updates!

DONATE

Judicial Watch • JW v DOJ Mueller Russian Special Counsel Budget 02079

JW v DOJ Mueller Russian Special Counsel Budget 02079

JW v DOJ Mueller Russian Special Counsel Budget 02079

Page 1: JW v DOJ Mueller Russian Special Counsel Budget 02079

Category:

Number of Pages:4

Date Created:October 4, 2017

Date Uploaded to the Library:October 05, 2017

Tags:02079, Temporal, scope, Mueller, Russian, Budget, Special, Counsel, justice, responsive, defendant, filed, plaintiff, FBI, request, document, DOJ, records, FOIA, office, Washington


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case 1:17-cv-02079 Document Filed 10/05/17 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. Plaintiff brings this action against Defendant U.S.
Department Justice Defendant compel compliance with the Freedom Information
Act, U.S.C. 552 FOIA 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 1:17-cv-02079 Document Filed 10/05/17 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 July 10, 2017, Plaintiff submitted FOIA request the Office Information
Policy, component Defendant, seeking the following records from the Office the Deputy
Attorney General: copy all guidance memoranda and communications which the Justice Management Division will review
the Special Counsel Office Statement
Expenditures prior for the purpose making
each public. Temporal scope this request from
1June2017 present. copy the budget prepared and submitted Robert Mueller III his staff his capacity appointed
Special Counsel oversee the previously-confirmed
FBI investigation Russian government efforts
influence the 2016 presidential election and related
matters. Temporal scope this request from
17May2017 10July2017. copy each document scoping, regulating,
governing the Special Counsel Office appointed under
the leadership Mueller III. Temporal scope this
request from 17May2017 present. letter dated August 16, 2017, OIP acknowledged receiving Plaintiff FOIA
request July 19, 2017 and informed Plaintiff that had assigned the request Case Number
DOJ-2017-005463. the same letter, OIP also informed Plaintiff that had invoked the 10-day
-2-
Case 1:17-cv-02079 Document Filed 10/05/17 Page
extension time provision set forth U.S.C. 552(a)(6)(B). addition, OIP informed
Plaintiff that was directing part two its FOIA request the Justice Management Division,
another component Defendant, for processing. 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
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.
Plaintiff being irreparably harmed Defendant violation FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with
FOIA.
10. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request within the time limits set
FOIA. Accordingly, Defendant determination was due about August 30, 2017.
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).
11.
Because Defendant failed determine whether comply with Plaintiff FOIA
-3-
Case 1:17-cv-02079 Document Filed 10/05/17 Page
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 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 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: October 2017
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
-4-