JAMES MADISON PROJECT v. CENTRAL INTELLIGENCE AGENCY

Filing 1

JAMES MADISON PROJECT v. CENTRAL INTELLIGENCE AGENCY

Doc. 1

Case 1:07-cv-01382-RMU

Document 1

Filed 07/30/2007

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA THE JAMES MADISON PROJECT 1250 Connecticut Avenue, N.W. Suite 200 Washington, D.C. 20036 * * * * * Plaintiff * * Civil Action No. 07- ________ v. * * CENTRAL INTELLIGENCE AGENCY * Washington, D.C. 20505 * * Defendant. * * * * * * * * * * * * * * COMPLAINT This is an action under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, et seq., as amended, for the disclosure of agency records improperly withheld from plaintiff The James Madison Project by defendant Central Intelligence Agency. JURISDICTION 1. This Court has both subject matter jurisdiction over this action and personal jurisdiction over the defendant pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1331. VENUE 2. Venue is appropriate under 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1391. PARTIES 3. Plaintiff The James Madison Project ("JMP") is a non-profit organization under the laws of the District of Columbia and has the ability to disseminate information on a wide scale. Stories concerning our activities have received prominent mention in many publications including, but not limited to, The Washington Post, The Washington Times,

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Case 1:07-cv-01382-RMU

Document 1

Filed 07/30/2007

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St. Petersburg Tribune, San Diego Union Tribune, European Stars & Stripes, Christian Science Monitor, U.S. News and World Report, Mother Jones and Salon Magazine. 4. Defendant Central Intelligence Agency ("CIA") is an agency within the meaning of 5 U.S.C. § 552 (e), and is in possession and/or control of the records requested by JMP which are the subject of this action. COUNT ONE 5. By letter dated June 26, 2007, JMP submitted to the CIA a FOIA request which sought copies of all internal CIA documents constituting guidelines, regulations or policy memoranda pertaining to the operation of the Publications Review Board ("PRB"). JMP noted it was seeking a waiver of fees on the grounds that JMP is a non-profit organization with the ability to disseminate information on a wide scale, that the information would contribute to the public's understanding of government operations or activities and is in the public interest, and that JMP had been granted a fee waiver on all prior requests. 6. By letter dated July 4, 2007, CIA acknowledged receipt of JMP's request and assigned it Request No. F-2007-01553. The letter stated that, due to a backlog of requests, the CIA would not be able to respond within the required time frame. The CIA did grant JMP a fee waiver. 7. As twenty working days have elapsed without a substantive determination by the CIA concerning JMP's request, JMP has therefore constructively exhausted all required administrative remedies. 8. JMP has a legal right under the FOIA to obtain the information it seeks, and there is no legal basis for the denial by the CIA of said right. WHEREFORE, plaintiff The James Madison Project prays that this Court: (1) Orders the Central Intelligence Agency to disclose the requested records in their entireties and make copies promptly available to it; (2) Award reasonable costs and attorney's fees as provided in 5 U.S.C. § 552 (a)(4)(E) and/or 28 U.S.C. § 2412 (d); 2

Case 1:07-cv-01382-RMU

Document 1

Filed 07/30/2007

Page 3 of 3