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Judicial Watch • JW v State Pagliano 01441

JW v State Pagliano 01441

JW v State Pagliano 01441

Page 1: JW v State Pagliano  01441

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Number of Pages:5

Date Created:September 2, 2015

Date Uploaded to the Library:September 03, 2015

Tags:01441, Pagliano, bryan, Hillary Clinton, Secretary, defendant, clinton, filed, State Department, michael, plaintiff, FBI, request, document, records, FOIA, department, Washington, court


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Case 1:15-cv-01441 Document Filed 09/03/15 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, S.W., Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT STATE,
The Executive Office
Office the Legal Adviser, Room 5519
2201 Street,
Washington, D.C. 20520,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
State 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 Judicial Watch, Inc. not-for-profit, educational organization
incorporated under the laws the District Columbia and headquartered 425 Third Street
S.W., Suite 800, Washington, 20024. Plaintiff seeks promote transparency,
accountability, and integrity government and fidelity the rule law. part its mission,
Case 1:15-cv-01441 Document Filed 09/03/15 Page
Plaintiff regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes
the responses and disseminates 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 and headquartered 2201 Street NW, Washington, D.C. 20520. Defendant
has possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS about August 2015, the Washington Post reported that State
Department employee was responsible for the service and maintenance former Secretary
Clinton email server. See Carol Leonning, Rosalind Helderman, and Tom Hamburger,
FBI looking into the security Hillary Clinton private e-mail setup, The Washington Post,
Aug. 2015. Specifically, the Post reported:
With the new server came additional specialist: Bryan Pagliano,
who had worked her campaign director. According
federal campaign finance records, Pagliano was paid Clinton
Senate leadership PAC through April 2009. The next month,
went work for the State Department specialist,
department official said. The people briefed the server indicated
that continued act the lead specialist responsible for it.
The e-mail system was not always reliable, these people said, with
Pagliano summoned various times fix problems. Notably, the
system crashed for days after New York was hit Hurricane
Sandy October 2012, while Hillary Clinton was secretary
state.
The next day, August 2015, Plaintiff submitted FOIA request Defendant
seeking access the following:
All records concerning the hiring Bryan Pagliano;
All time sheets, calendars, similar records Bryan Pagliano;
Case 1:15-cv-01441 Document Filed 09/03/15 Page
All records Bryan Pagliano concerning, regarding, relating the
maintenance former Secretary Clinton email server. Such records
include, but are not limited to, expense reports, reimbursement forms,
and maintenance logs; and
All records travel to/from Chappaqua, NY. Such records include, but
are not limited to, expense reports, reimbursement forms, and travel logs;
All records communications between Bryan Pagliano and any official,
officer, employee the Office the Secretary concerning former
Secretary Clinton email server. addition, Plaintiff requested expedited processing its FOIA request because
compelling need for the requested information exists. See U.S.C. 552(a)(6)(E)(i).
Specifically, Judicial Watch has least cases pending the U.S. District Court for the
District Columbia related Secretary Clinton email practices while Secretary State. The
information issue this request will shed light whether the State Department was involved the operation Secretary Clinton email server. The information urgently needed because
nearly every day brings new, startling revelations possible destruction public records and
Defendant continuing failure recover them. See Michael Schmidt, Copies Clinton
Emails, Lawyer Says, The New York Times, July 24, 2015. Even more disturbing the fact that
many the emails apparently contain classified information. See Michael Schmidt and Matt
Apuzzo, Hillary Clinton Emails Said Contain Classified Data, The New York Times, July 24,
2015. letter dated August 13, 2015, Defendant acknowledged receipt Plaintiff
FOIA request and assigned the request Case Control Number 2015-12809. addition, Defendant determined that Plaintiff FOIA request warrants
expedited processing.
Case 1:15-cv-01441 Document Filed 09/03/15 Page
10.
Pursuant U.S.C. 552(a)(6)(E)(iii), Defendant was required process
Plaintiff request soon practicable.
11. the date this complaint, Defendant has failed to: (i) determine whether
comply with Plaintiff FOIA 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.
Even Plaintiff had not sought and did not receive expedited processing,
pursuant the time limit set forth for standard FOIA requests, Defendant was required
determine whether comply with the FOIA request within twenty (20) working days receipt the request and notify Plaintiff immediately its determination. U.S.C.
552(a)(6)(A)(i).
13.
Therefore, Plaintiff had submitted standard FOIA request, Defendant
determination regarding Plaintiff FOIA request was due September 2015 the latest.
14.
Because Defendant has failed comply with the time limit set forth for standard
FOIA requests, Defendant also has failed process Plaintiff expedited request soon
practicable.
15.
Because Defendant has failed comply with the time limit set forth U.S.C.
552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies pursuant U.S.C. 552(a)(6)(C).
COUNT
(Violation FOIA, U.S.C. 552)
16.
Plaintiff realleges paragraphs through fully stated herein.
17.
Defendant unlawfully withholding records requested Plaintiff pursuant
Case 1:15-cv-01441 Document Filed 09/03/15 Page U.S.C. 552.
18.
Plaintiff being irreparably harmed reason Defendant unlawful
withholding records responsive Plaintiff FOIA request, and Plaintiff will continue
irreparably harmed unless Defendant compelled conform its conduct the requirements
the law.
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct search for any and all responsive records 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 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 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: September 2015
Respectfully submitted,
/s/ Michael Bekesha
Michael Bekesha (D.C. Bar No. 995749)
JUDICIAL WATCH, INC.
425 Third Street, S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff