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Judicial Watch • JW v DOJ State Uranium One complaint 00722

JW v DOJ State Uranium One complaint 00722

JW v DOJ State Uranium One complaint 00722

Page 1: JW v DOJ State Uranium One complaint 00722

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Number of Pages:5

Date Created:March 29, 2018

Date Uploaded to the Library:April 06, 2018

Tags:Uranium, 00722, uranium one, legal, requests, defendants, complaint, responsive, security, filed, State Department, plaintiff, request, document, records, DOJ, FOIA, department, office, Washington


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Case 1:18-cv-00722 Document Filed 03/29/18 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 JUSTICE,
950 Pennsylvania Avenue
Washington, 20530-0001,
and
U.S. DEPARTMENT STATE,
The Executive Office
Office the Legal Adviser, Suite 5.600
600 19th Street, N.W.
Washington, 20522,
Defendants.
____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. Plaintiff brings this action against Defendants U.S.
Department Justice and the 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).
Case 1:18-cv-00722 Document Filed 03/29/18 Page
PARTIES
Plaintiff Judicial Watch, Inc. Plaintiff 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 regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes
the responses receives and disseminates its findings and any responsive records the
American public inform them about what their government to.
Defendant U.S. Department Justice DOJ agency the United States
Government and headquartered 950 Pennsylvania Avenue NW, Washington, 205300001. information and belief, DOJ has possession, custody, and control records which
Plaintiff seeks access.
Defendant U.S. Department State State Department agency the
United States Government headquartered 2201 Street, N.W., Washington, 20520. The
State Department has possession, custody, and control records which Plaintiff seeks access.
STATEMENT FACTS December 22, 2017, Plaintiff submitted FOIA request DOJ seeking the
following records:
Any and all records regarding, concerning relating the
company Uranium One (otherwise known Uranium One,
Inc. SXR Uranium One, Inc.), including but not limited
records communication sent and from officials the
offices the Attorney General and Deputy Attorney General,
Office Legal Counsel, and the National Security Division.
The timeframe for the requested records was from January 20, 2009 through December 31, 2013.
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Case 1:18-cv-00722 Document Filed 03/29/18 Page the same day, December 22, 2017, Plaintiff submitted FOIA request the
State Department seeking the following records:
Any and all records regarding, concerning relating the
company Uranium One (otherwise known Uranium One,
Inc. SXR Uranium One, Inc.), including but not limited
records communication sent and from officials the
Office the Secretary State, Office the Legal Advisor,
Office the Under Secretary for Arms Control and
International Security Affairs, Office Arms Control,
Verification and Compliance, Office International Security
and Nonproliferation, and the Office Political-Military
Affairs.
The time frame for the requested records also was January 20, 2009 through December 31, 2013.
DOJ responded Plaintiff request letter dated January 10, 2018 and
advised Plaintiff that the request has been assigned Tracking Number 7017 1000 0000 5383
2821.
The State Department responded Plaintiff request letter dated January
26, 2018 and advised Plaintiff that the request was received January 2018. The letter
further states that the request has been assigned Case Control Number F-2018-00133.
10. the date this Complaint, Defendants have 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 Defendants intend
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)
11.
Plaintiff realleges paragraphs through fully stated herein.
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Case 1:18-cv-00722 Document Filed 03/29/18 Page
12.
Defendants are violating FOIA failing and/or refusing employ search
methods reasonably likely lead the discovery records responsive Plaintiff request
and, accordingly, failing and/or refusing produce any and all non-exempt records responsive the request.
13.
Plaintiff being irreparably harmed Defendants violations FOIA, and
Plaintiff will continue irreparably harmed unless Defendants are compelled comply with
FOIA.
14. trigger FOIA administrative exhaustion requirement, Defendants were
required determine whether comply with Plaintiff request within twenty (20) working
days receiving the requests. the latest, DOJ determination was due February 23, 2018
and the State Department determination was due February 15, 2018. minimum,
these dates Defendants were required to: (i) gather and review the requested documents; (ii)
determine and communicate Plaintiff the scope any responsive records Defendants 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 Wash. Federal Election Comm 711 F.3d 180, 188-89 (D.C. Cir. 2013).
15.
Because Defendants failed determine whether comply with Plaintiff
requests within the time required FOIA, Plaintiff deemed have exhausted its
administrative appeal remedies. U.S.C. 552(a)(6)(C)(i).
16.
Plaintiff has adequate remedy law.
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendants
conduct searches for any and all records responsive Plaintiff requests and demonstrate that
they employed search methods reasonably likely lead the discovery records responsive
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Case 1:18-cv-00722 Document Filed 03/29/18 Page
the request; (2) order Defendants produce, date certain, any and all non-exempt records
responsive Plaintiff requests and Vaughn index any responsive records withheld under
claim exemption; (3) enjoin Defendants from continuing withhold any and all non-exempt
records responsive the 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: March 29, 2018
Respectfully submitted,
/s/ James Peterson
James Peterson
D.C. Bar No. 450171
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
Phone: (202) 646-5172
Counsel for Plaintiff
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