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Judicial Watch • JW v State Psaki Rosen complaint 02027

JW v State Psaki Rosen complaint 02027

JW v State Psaki Rosen complaint 02027

Page 1: JW v State Psaki Rosen complaint 02027

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Number of Pages:4

Date Created:October 11, 2016

Date Uploaded to the Library:June 30, 2017

Tags:Psaki, 02027, Rosen video, ROSEN, complaint, responsive, defendant, filed, State Department, plaintiff, request, document, records, FOIA, department, states, Washington, united


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Case 1:16-cv-02027-ABJ Document Filed 10/11/16 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, SW, Suite 800
Washington, 20024,
Plaintiff,
UNITED STATES DEPARTMENT STATE
The Executive Office
Office the Legal Adviser 5519
2201 Street,
Washington, 20520
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant United States
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 that
seeks promote transparency, integrity, and accountability government and fidelity the
rule law. part its educational mission, Plaintiff regularly requests records under FOIA,
analyzes the responses and any records receives, and disseminates its findings and the records
Case 1:16-cv-02027-ABJ Document Filed 10/11/16 Page the American public inform them about what their government to. U.S. Dep
Justice Reporters Committee for Freedom the Press, 489 U.S. 749, 795 (1989). Plaintiff
incorporated under the laws the District Columbia and headquartered 425 Third Street
SW, Suite 800, Washington, 20024.
Defendant United States Department State agency the United States
Government and headquartered 2201 Street, NW, Washington, 20520. Defendant has
possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS August 22, 2016, Plaintiff submitted FOIA request the U.S. Department State, certified mail, seeking access the following:
Any and all records regarding, concerning, relating
the decision State Department officials delete from
the State Department website and YouTube channel
December 2013 exchange between Fox News reporter
James Rosen and State Department spokeswoman Jen
Psaki regarding Iranian nuclear negotiations.
Any and all records any investigation performed the
State Department into the deletion the video the
December 2013 exchange between Rosen and Psaki.
Any and all records communication sent from State
Department officials regarding the December 2013
exchange between Rosen and Psaki, the decision delete
the video the exchange, and/or the investigation the
deletion the video. Such officials shall include, but not limited to, Jen Psaki, State Department spokesman John
Kirby, and officials the State Department Bureau
Public Affairs.
The time frame for the requested records was identified December 2013 the present.
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Case 1:16-cv-02027-ABJ Document Filed 10/11/16 Page letter dated September 2016, Defendant acknowledged receipt Plaintiff
FOIA request August 30, 2016, and assigned the request Case Control Number F-201611026. 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.
COUNT
(Violation FOIA, U.S.C. 552)
Plaintiff realleges paragraphs through fully stated herein.
Defendant violating FOIA failing search for and produce all records
responsive Plaintiff request demonstrate that the requested records are lawfully exempt
from production.
10.
Plaintiff being irreparably harmed reason 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 twenty (20) working
days receiving the request August 30, 2016. Accordingly, Defendant determination was
due about September 28, 2016. 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
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Case 1:16-cv-02027-ABJ Document Filed 10/11/16 Page
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 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: (1) order Defendant
search for any and all records responsive Plaintiff FOIA request and demonstrate that
employed search methods reasonably calculated uncover all records responsive the request;
(2) order Defendant produce, date certain, any and all non-exempt records responsive
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: October 11, 2016.
Respectfully submitted,
/s/Jason Aldrich
JASON ALDRICH
D.C. Bar No. 495488
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
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