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Judicial Watch • JW v ODNI Russia Intel Assessment 02073

JW v ODNI Russia Intel Assessment 02073

JW v ODNI Russia Intel Assessment 02073

Page 1: JW v ODNI Russia Intel Assessment 02073

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Number of Pages:4

Date Created:October 4, 2017

Date Uploaded to the Library:October 05, 2017

Tags:02073, Intel, ODNI, Russia, Intelligence, requested, responsive, National, defendant, filed, Assessment, plaintiff, request, document, records, FOIA, Washington


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Case 1:17-cv-02073 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,
OFFICE THE DIRECTOR
NATIONAL INTELLIGENCE
Washington, 20511,
Defendant.
____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant Office the Director National Intelligence 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 FOIA. Plaintiff analyzes the
Case 1:17-cv-02073 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 Office the Director National Intelligence agency the
United States Government. Defendant has possession, custody, and control records which
Plaintiff seeks access. Defendant headquartered Washington, 20511.
STATEMENT FACTS
Pursuant Section 502 the Consolidated Appropriations Act, 2016, Not later
than 180 days after the date the enactment this Act, the Director National Intelligence
shall submit the appropriate congressional committees intelligence community assessment the funding political parties and nongovernmental organizations former Soviet states and
countries Europe the Russian Security Service since January 2016. The Act also
requires the intelligence community assessment submitted the form unclassified
report. The act took effect December 18, 2015. August 2017, Plaintiff submitted FOIA request Defendant seeking the
intelligence community assessment required Section 502 the Consolidated Appropriations
Act, 2016. letter dated August 14, 2017, Defendant acknowledged receiving Plaintiff
FOIA request August 2017 and informed Plaintiff that had assigned the request Case
Number DF-2017-00354. 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
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Case 1:17-cv-02073 Document Filed 10/05/17 Page
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.
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 Plaintiff request within the time limits set
FOIA. Accordingly, Defendant determination was due about September 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).
12.
Because Defendant failed determine whether comply with Plaintiff FOIA
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
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Case 1:17-cv-02073 Document Filed 10/05/17 Page
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
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