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Judicial Watch • JW v NARA Clinton indictments 01740

JW v NARA Clinton indictments 01740

JW v NARA Clinton indictments 01740

Page 1: JW v NARA Clinton indictments 01740


Number of Pages:4

Date Created:October 20, 2015

Date Uploaded to the Library:October 20, 2015

Tags:01740, indictments, indictment, Rodham, denial, NARA, Plaintiffs, hillary, responsive, National, defendant, clinton, filed, plaintiff, request, document, records, FOIA, Washington

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Case 1:15-cv-01740 Document Filed 10/20/15 Page THE UNITED STATES DISTRICT COURT
425 Third Street SW, Suite 800
Washington, 20024,
8601 Adelphi Road
Washington, 20740,
Civil Action No.
Plaintiff Judicial Watch, Inc. brings this action against Defendant National Archives and
Records Administration compel compliance with the Freedom oflnformation Act, U.S.C.
552 (FOIA). grounds therefor, Plaintiff alleges follows:
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).
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, integrity, and
accountability government and fidelity the rule law. part its mission, Plaintiff
Case 1:15-cv-01740 Document Filed 10/20/15 Page
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
agencies responses and disseminates both its findings and the requested records the American
public inform them about what their government to.
Defendant National Archives and Records Administration agency the
United States Government and headquartered 8601 Adelphi Road, College Park, 20740.
Defendant has possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS March 2015, Plaintiff served FOIA request Defendant seeking access certain draft indictments Hillary Rodham Clinton prepared while Mrs. Clinton was First
Lady the United States. Specifically, Plaintiff requested:
All versions indictments against Hillary Rodham Clinton, including but not
limited to, Versions and box 2250 the Hickman Ewing Attorney Files,
the HRC/_ Draft Indictment box 2256 the Hickman Ewing Attorney
Files, well any and all versions written Deputy Independent Counsel
Hickman Ewing, Jr. prior September 1996. letter dated March 19, 2015, Defendant admitted receiving Plaintiffs FOIA
request March 17, 2015 and informed Plaintiff that had assigned the request FOIA case
number 46068. Defendants letter also admitted locating records responsive the request.
Specifically, Defendant admitted that found pages ofresponsive records folder entitled
Draft Indictment box 2250 and approximately 200 pages responsive records folder
entitled Hillary Rodham Clinton/Webster Hubbell Draft Indictment box 2256. Defendant
denied Plaintiffs request full, however, invoking FOIA Exemption (b)(7)(C) withhold all
238 pages responsive records. responsive records portions thereof have ever been
produced Plaintiff.
Case 1:15-cv-01740 Document Filed 10/20/15 Page May 14, 2015, Plaintiff administratively appealed Defendants denial the
request. that date, Plaintiff sent written appeal, via email and certified mail, the Deputy
Archivist the National Archives and Records Administration the email address and street
address identified the agencys denial letter. Plaintiff complied with all requirements for
properly appealing the denial.
Pursuant U.S.C. 552(a)(6)(A)(ii), Defendant was required make
determination the appeal within twenty working days receipt and notify Plaintiff the
right seek judicial review ifthe denial was upheld whole part. More than twenty
working days have elapsed since Defendant received Plaintiffs May 14, 2015 appeal, but
Plaintiff has received notification any determination its right seek judicial review
any denial. Plaintiff has not received any communication all from Defendant regarding the
Because Defendant has failed comply with the time limit set forth U.S.C.
552(a)(6)(A)(ii), Plaintiff deemed have exhausted any and all administrative remedies
pursuant U.S.C. 552(a)(6)(C).
(Violation ofFOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
Defendant violating FOIA unlawfully withholding records responsive
Plaintiffs request.
Plaintiff being irreparably harmed reason Defendants violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
fully with FOIA.
Case 1:15-cv-01740 Document Filed 10/20/15 Page
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
demonstrate that employed search methods reasonably calculated uncover all records
responsive Plaintiffs request; (2) order Defendant produce, date certain, any and all
non-exempt records responsive the request and Vaughn index 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.
Dated: October 20, 2015
Respectfully submitted,
Isl Paul Orfanedes
Paul Orfanedes
D.C. Bar No. 429716
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff