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Judicial Watch • JW v State Samantha Powers complaint 00300

JW v State Samantha Powers complaint 00300

JW v State Samantha Powers complaint 00300

Page 1: JW v State Samantha Powers complaint 00300

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Number of Pages:4

Date Created:February 9, 2018

Date Uploaded to the Library:February 13, 2018

Tags:00300, Samantha Powers, powers, Russian, complaint, FOIA, Washington


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Case 1:18-cv-00300 Document Filed 02/09/18 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL 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
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 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
SW, Suite 800, Washington, 20024. Plaintiff seeks promote transparency, accountability,
and integrity government and fidelity the rule law. part its mission, Plaintiff
Case 1:18-cv-00300 Document Filed 02/09/18 Page
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. Defendant has possession, custody, and control records which Plaintiff seeks
access. Defendant located 600 19th Street NW, Washington, 20522.
STATEMENT FACTS October 31, 2017, Plaintiff submitted FOIA request the U.S. Department State DoS State seeking the following: Any and all requests for information, analyses, summaries, assessments, transcripts, similar records submitted any Intelligence Community member agency former
United States Ambassador the United Nations Samantha Powers concerning,
regarding, relating the following:
Any actual suspected effort the Russian government any individual acting behalf the Russian government influence otherwise interfere with the
2016 presidential election.
The alleged hacking computer systems utilized the Democratic National
Committee and/or the Clinton presidential campaign.
Any actual suspected communication between any member the Trump
presidential campaign transition team and any official employee the
Russian government any individual acting behalf the Russian government.
The identities U.S. citizens associated with the Trump presidential campaign
transition team who were identified pursuant intelligence collection activities. Any and all records responses received former United States Ambassador the
United Nations Samantha Powers and/or any employee, staff member, representative United States Mission the United Nations response any request described
part this request. Any and all records communication between any official, employee,
representative any Intelligence Community member agency and former United States
Ambassador the United Nation Samantha Powers and/or any employee, staff
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Case 1:18-cv-00300 Document Filed 02/09/18 Page
member, representative the United States Mission the United Nations
concerning, regarding, relating any request described part this request.
The time frame the request was identified January 2016 through the present. letter dated November 21, 2017, State confirmed that received the request November 2017 and assigned the request Tracking Number F-2017-16915. 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.
Plaintiff being irreparably harmed reason Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
10. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request December 2017 the
latest. 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; (iii) inform
Plaintiff that may appeal any adequately specific, adverse determination; and (iv) make the
records available promptly thereafter. See, e.g., Citizens for Responsibility and Ethics
Washington Federal Election Commission, 711 F.3d 180, 188-89 (D.C. Cir. 2013).
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Case 1:18-cv-00300 Document Filed 02/09/18 Page
11.
Because Defendant failed determine whether fully 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
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 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: February 2018
Respectfully submitted, Chris Fedeli
Chris Fedeli
D.C. Bar No. 472919
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
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