JW v State HRC security clearance complaint 02496
Number of Pages:4
Date Created:October 30, 2018
Date Uploaded to the Library:October 30, 2018
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Case 1:18-cv-02496 Document Filed 10/29/18 Page THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COLUMBIA WDICIAL WATCH, INC., 425 Third Street SW, Suite 800 Washington, 20024, Plaintiff, U.S. DEPARTMENT STATE, The Executive Office Office the Legal Adviser, Suite 5.600 600 19th Street, N.W. Washington, 20522, Defendant. Civil Action No. COMPLAINT Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department State compel compliance with the Freedom oflnformation 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. 139l(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, integrity, and accountability government and fidelity the rule law. part its mission, Plaintiff regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the Case 1:18-cv-02496 Document Filed 10/29/18 Page agencies responses and disseminates both its findings and the requested records the American public inform them about what their government to. Defendant U.S. Department State agency the United States Government headquartered 2201 Street, W., Washington, 20520. Defendant has possession, custody, and control records which Plaintiff seeks access. STATEMENT FACTS August 21, 2018, Plaintiff submitted FOIA request Defendant seeking access the following records: Any and all records concerning, regarding, relating the security clearance status former Secretary State Hillary Clinton, Huma Abedin, Cheryl Mills, Jacob Sullivan, and Phillipe Reines. The time frame for Plaintiffs FOIA request January 21, 2017 the present. letter dated September 14, 2018, Defendant acknowledged receipt Plaintiffs request August 29, 2018 and advised Plaintiff that the request had been assigned the tracking number F-2018-06631. Pursuant U.S.C. 552(a)(6)(A)(i), the Defendant was required determine whether comply with Plaintiffs request within (20) working days after its receipt and notify Plaintiff immediately its determination, the records thereof, and the right appeal any adverse determination. Defendants determination was due about March 14, 2018. 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 1:18-cv-02496 Document Filed 10/29/18 Page COUNTI Violation ofFOIA, U.S.C. 552 10. Plaintiff realleges paragraphs through fully stated herein. 11. Plaintiff being irreparably harmed reason Defendants violation FOIA, and Plaintiff will continue irreparably harmed unless Defendant compelled comply with FOIA. 12. trigger FOIAs administrative exhaustion requirement, Defendant was required determine whether comply with Plaintiffs request within twenty (20) working days ofreceiving the request, about September 27, 2018. minimum, Defendant was required 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). 13. Because Defendant failed determine whether comply with Plaintiffs 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: order Defendant conduct searches for any and all records responsive Plaintiffs request and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOIA request; (2) order Defendant produce, date certain, any and all nonexempt records responsive Plaintiffs 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 Plaintiffs FOIA request; (4) grant Plaintiff -3- Case 1:18-cv-02496 Document Filed 10/29/18 Page 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 29, 2018 Respectfully submitted, WDICIAL WATCH, INC. Isl James Peterson James Peterson D.C. Bar No. 450171 Attorneys for Plaintiff -4-