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Judicial Watch • JW v. FBI & DOJ 7_18

JW v. FBI & DOJ 7_18

JW v. FBI & DOJ 7_18

Page 1: JW v. FBI & DOJ 7_18

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Number of Pages:5

Date Created:July 18, 2012

Date Uploaded to the Library:October 31, 2017

Tags:100829633, Islam, Avenue, Islamic, determination, investigation, Pennsylvania, defendants, requests, justice, defendant, filed, White House, plaintiff, request, FBI, document, records, DOJ, FOIA, Washington


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Case 1:12-cv-01183 Document Filed 07/18/12 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.
425 Third Street, SW, Suite 800
Washington, D.C. 20024,
Plaintiff,
FEDERAL BUREAU
INVESTIGATION Edgar Hoover Building
935 Pennsylvania Avenue,
Washington, 20535-0001,
and
U.S. DEPARTMENT JUSTICE,
950 Pennsylvania Avenue,
Washington, 20530-0001
Defendants.
___________________________________
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendants Federal Bureau
Investigation and U.S. Department Justice 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).
Case 1:12-cv-01183 Document Filed 07/18/12 Page
PARTIES
Plaintiff Judicial Watch, Inc. non-profit, educational foundation organized
under the laws the District Columbia and having its principal place business 425 Third
Street, SW, Suite 800, Washington, 20024. Plaintiff seeks promote integrity, transparency,
and accountability government and fidelity the rule law. furtherance its public
interest mission, Plaintiff regularly requests access the public records federal, state, and local
government agencies, entities, and offices, and disseminates its findings the public.
Defendant Federal Bureau Investigation FBI agency the U.S.
Government and headquartered 935 Pennsylvania Avenue, NW, Washington,
20535-0001. Defendant has possession, custody, and control records which Plaintiff seeks
access.
Defendant U.S. Department Justice DOJ agency the U.S.
Government and headquartered 950 Pennsylvania Avenue, NW, Washington,
20530-0001. Defendant has possession, custody, and control records which Plaintiff seeks
access.
STATEMENT FACTS March 2012, Plaintiff submitted FOIA requests Defendants FBI and DOJ, facsimile and certified mail, seeking access the following public records:
Any and all records communications concerning
relating February 2012 meeting between FBI Director Robert
Mueller and various Islamic organizations;
ii.
Any and all records created preparation for, during,
result the February 2012 meeting between FBI Director Robert
Mueller and various Islamic organizations;
Case 1:12-cv-01183 Document Filed 07/18/12 Page
iii.
Any and all records communications between the Office the Attorney General and the following entities concerning
relating the FBI curricula Islam: (a) the White House; (b)
the Executive Office the President; (c) the Federal Bureau
Investigation; (d) the Council for American Islamic Relations; (e)
the National Iranian American Council; (f) the Muslim
Brotherhood; (g) the Islamic Nahda Tunisia; (h) the Justice Party Morroco; and (i) any foreign governments.
iv.
Any and all records setting criteria guidelines for FBI
curricula Islam records identifying potentially offensive
material within the FBI curricula Islam.
Any and all records directives recall and withdraw FBI
presentations and curricula Islam.
Defendant FBI acknowledged receipt Plaintiff FOIA request March 20,
2012 and assigned the request control No. 1185745-000.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant FBI was required determine
whether comply with Plaintiff request within twenty (20) working days after receipt the
request and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination. Because Plaintiff sent its FOIA request the service center
designated Defendant FBI receive such requests, this twenty (20) working day time period
did not commence until ten (10) working days after Defendant FBI receipt the request
March 20, 2012, pursuant U.S.C. 552(a)(6)(A). Accordingly, Defendant FBI
determination was due May 2012 the latest. letter dated April 2012, Defendant DOJ acknowledged receipt Plaintiff
FOIA request March 14, 2012 and assigned the request control No. AG/12-00578 (F).
10.
Pursuant U.S.C. 552(a)(6)(A)(i), Defendant DOJ was required determine
whether comply with Plaintiff request within twenty (20) working days after receipt the
request and notify Plaintiff immediately its determination, the reasons therefor, and the right
Case 1:12-cv-01183 Document Filed 07/18/12 Page appeal any adverse determination. Accordingly, Defendant determination was due April
11, 2012 the latest.
11. the date this Complaint, Defendants have failed to: (i) determine whether comply with Plaintiff request; (ii) notify Plaintiff any such determination the reasons
therefor; (iii) advise Plaintiff the right appeal any adverse determination; (iv) produce the
requested records otherwise demonstrate that the requested records are exempt from production.
12.
Because Defendants have failed comply with the time limit set forth U.S.C.
552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies with
respect its requests, pursuant U.S.C. 552(a)(6)(C).
COUNT
(Violation FOIA, U.S.C. 552)
13.
Plaintiff realleges paragraphs through fully stated herein.
14.
Defendants are unlawfully withholding public records requested Plaintiff
pursuant U.S.C. 552.
15.
Plaintiff being irreparably harmed reason Defendants unlawful
withholding the requested public records, and Plaintiff will continue irreparably harmed
unless Defendants are compelled conform their conduct the requirements the law.
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendants
conduct searches for any and all records responsive Plaintiff FOIA requests and demonstrate
that they employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA requests; (2) order Defendants produce, date certain, any and all
non-exempt records responsive Plaintiff FOIA requests and Vaughn index any responsive
records withheld under claim exemption; (3) enjoin Defendants from continuing withhold
Case 1:12-cv-01183 Document Filed 07/18/12 Page
any and all non-exempt records responsive Plaintiff FOIA requests; (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: July 18, 2012
Respectfully submitted,
JUDICIAL WATCH, INC.
/S/ Paul Orfanedes
D.C. Bar No. 429716
425 Third Street, S.W., Suite 800
Washington, 20024
(202) 646-5172
Attorneys for Plaintiff