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Judicial Watch • McCabe 25th Amendment Complaint 00388

McCabe 25th Amendment Complaint 00388

McCabe 25th Amendment Complaint 00388

Page 1: McCabe 25th Amendment Complaint 00388

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Number of Pages:5

Date Created:February 14, 2019

Date Uploaded to the Library:February 14, 2019

Tags:00388, McCabe, Constitution, amendment, deputy, EXECUTIVE, Plaintiffs, requests, requested, Attorney, complaint, responsive, president, defendant, filed, plaintiff, request, document, FBI, records, DOJ, FOIA, states, office, Washington, united


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Case 1:19-cv-00388 Document Filed 02/14/19 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 JUSTICE,
950 Pennsylvania Avenue
Washington, 20530-0001,
Defendant.
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
Justice 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)(8)
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 oflaw. part its mission, Plaintiff
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
Case 1:19-cv-00388 Document Filed 02/14/19 Page
responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant U.S. Department Justice (DOJ) agency the United States
Government. Defendant has possession, custody, and control records which Plaintiff seeks
access. Defendant headquartered U.S. Department Justice, 950 Pennsylvania Avenue
NW, Washington, 20530-0001.
STATEMENT FACTS September 21, 2018, Plaintiff submitted FOIA request the Federal Bureau Investigation (FBI), component Defendant, seeking the following:
All memoranda, opinions and reports signed, prepared
authorized Deputy Director Andrew McCabe from April
2017 through May 31, 2017.
All records communication, including but not limited
emails (whether using his own name alias, and whether
government personal devices), text messages and instant chats
sent from Deputy Director McCabe discussing the 25th
Amendment and/or the fitness the President the United
States.
The timeframe for the requested records was April 2017 through May 31, 2017. letter dated October 2018, the FBI acknowledged receiving Plaintiffs
request and advised Plaintiff that the request had been assigned FOIPA Request No. 1417872000.
Also September 21, 2018, Plaintiff submitted FOIA request DOJ seeking
the following:
All audio and/ visual recordings, and transcripts same,
from any surreptitious recordings made any official the
Office the Attorney General (AG) meetings occurring with
officials the Executive Office the President and/or Executive
Office the Vice President.
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Case 1:19-cv-00388 Document Filed 02/14/19 Page
All memoranda, reports and notes officials the Office the Attorney General regarding the 25th Amendment the
Constitution the United States.
All records communications sent from Jeff
Sessions any other official the Office the Attorney General
regarding the 25th Amendment the Constitution the United
States.
The timeframe for the requested records was November 2016 the present.
While Plaintiff has confirmed through the U.S. Postal Service that the request was
received DOJ, the date this Complaint, Plaintiff has not received any response this
request from DOJ.
Finally, again September 21, 2018, Plaintiff submitted FOIA request DOJ
seeking the following:
All audio and/ visual recordings, and transcripts same,
from any surreptitious recordings made Deputy Attorney
General Rod Rosenstein and/or any other official the Office
the Deputy Attorney General (DAG) meetings occurring with
officials the Executive Office the President and/or Executive
Office the Vice President.
All memoranda, reports and notes officials the Office the Deputy Attorney General regarding the 25th Amendment
the Constitution the United States.
All records communications sent from Deputy
Rosenstein any other official the Office the Deputy
Attorney General regarding the 25th Amendment the
Constitution the United States.
All memoranda, reports, and opinions written, signed
authorized DAG Rosenstein the month May 2017.
The timeframe for the requested records was November 2016 the present for requests
numbered 1-3, and May 2017 for request number
While Plaintiff has confirmed through the U.S. Postal Service that the request was
received DOJ, the date this Complaint, Plaintiff has not received any response this
request from DOJ.
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Case 1:19-cv-00388 Document Filed 02/14/19 Page
11. the date this Complaint, Defendant has failed to: (i) produce any 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 determinations.
COUNTI
(Violation ofFOIA, U.S.C. 552)
12.
Plaintiff realleges paragraphs through fully stated herein.
13.
Plaintiff being irreparably harmed reason Defendants violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
14. trigger FOIAs administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiffs requests within twenty (20) working
days ofreceiving the requests. Accordingly, Defendants determinations were due about
October 21, 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).
15.
Because Defendant failed determine whether comply with Plaintiffs
requests within the time period required FOIA, Plaintiff deemed have exhausted its
administrative appeal remedies. U.S.C. 552(a)(6)(C)(i).
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Case 1:19-cv-00388 Document Filed 02/14/19 Page
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct searches for any and all records responsive Plaintiffs requests and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOIA requests; (2) order Defendant produce, date certain, any and all nonexempt records responsive Plaintiffs FOIA requests 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 requests; (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 14, 2019
Respectfully submitted,
Isl James Peterson
James Peterson
D.C. Bar No. 450171
JUDICIAL WATCH, INC.
Counsel for Plaintiff
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