Skip to content

Get Judicial Watch Updates!

DONATE

Judicial Watch • JW v. DOJ Veselnitskaya complaint 02357

JW v. DOJ Veselnitskaya complaint 02357

JW v. DOJ Veselnitskaya complaint 02357

Page 1: JW v. DOJ Veselnitskaya complaint 02357

Category:

Number of Pages:4

Date Created:November 8, 2017

Date Uploaded to the Library:November 09, 2017

Tags:Veselnitskaya, 02357, ROTHSTEIN, produce, Pennsylvania, requested, complaint, responsive, defendant, filed, plaintiff, request, document, records, DOJ, david, FOIA, Washington


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case 1:17-cv-02357 Document Filed 11/08/17 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 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 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 responses and disseminates its findings
Case 1:17-cv-02357 Document Filed 11/08/17 Page
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 NW, Washington, 20530-0001.
STATEMENT FACTS August 2017, Plaintiff submitted FOIA request, certified mail,
Defendant FOIA/PA Mail Referral Unit seeking the following records:
Any and all records communications sent from officials the Offices the Attorney General and Deputy Attorney
General regarding immigration parole issued Russian
national Natalia Veselnitskaya.
The timeframe for the request was January 2015 December 31, 2016.
According U.S. Postal Service records, Defendant received Plaintiff request August 15, 2017. letter dated August 17, 2017, Defendant acknowledged receipt Plaintiff
FOIA request and notified Plaintiff had assigned the request Tracking Number 7017 0530
0000 7010 0575. Defendant letter also advised Plaintiff had referred your request the
DOJ component(s) you have designated or, based descriptive information you have provided, the component(s) most likely have the records. 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.
-2-
Case 1:17-cv-02357 Document Filed 11/08/17 Page
COUNT
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
10.
Plaintiff being irreparably harmed Defendant violation FOIA, and
Plaintiff will continue irreparably harmed unless Defendant compelled comply with
FOIA.
11. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with the request within thirty (30) working days
receipt. Accordingly, Defendant determination was due about September 29, 2017 the
latest. this date, 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).
12.
Because Defendant failed determine whether comply with Plaintiff request
within the time period required FOIA, 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 the request; (2) order Defendant produce, date certain, any and all non-exempt records 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
-3-
Case 1:17-cv-02357 Document Filed 11/08/17 Page
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.
Dated: November 2017
Respectfully submitted,
/s/ David Rothstein
David Rothstein
D.C. Bar No. 450035
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
Tel: (202) 646-5172
Email: drothstein@judicialwatch.org
Counsel for Plaintiff
-4-