JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE

Filing 1

COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4292903) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons State Department, # 3 Summons U.S. Attorney for D.C., # 4 Summons U.S. Attorney General)(Peterson, James)

Case 1:15-cv-01817-TSC Document 1 Filed 10/26/15 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street, S.W., Suite 800
Washington, DC 20024,
Plaintiff,
v.
U.S. DEPARTMENT OF STATE,
The Executive Office
Office of the Legal Adviser, Room 5519
2201 C Street, NW
Washington, D.C. 20520,
Defendant.

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Civil Action No.

COMPLAINT
Plaintiff Judicial Watch, Inc. brings this actions against Defendant U.S. Department of State to
compel compliance with the Freedom of Information Act, 5 U.S.C. § 552 (“FOIA”). As grounds
therefor, Plaintiff alleges as follows:
JURISDICTION AND VENUE
1.

The Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B) and 28

U.S.C. § 1331.
2.

Venue is proper in this district pursuant to 28 U.S.C. § 1391(e).
PARTIES

3.

Plaintiff Judicial Watch, Inc. is a not-for-profit, educational organization incorporated

under the laws of the District of Columbia and headquartered at 425 Third Street S.W., Suite 800,
Washington, DC 20024. Plaintiff seeks to promote transparency, accountability, and integrity in
government and fidelity to the rule of law. As part of its mission, Plaintiff regularly requests records

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from federal agencies pursuant to FOIA. Plaintiff analyzes the responses and disseminates its findings
and the requested records to the American public to inform them about “what their government is up to.”
4.

Defendant U.S. Department of State is an agency of the United States Government and is

headquartered at 2201 C Street NW, Washington, D.C. 20520. Defendant has possession, custody, and
control of records to which Plaintiff seeks access.
STATEMENT OF FACTS
5.

On August 18, 2015, Plaintiff submitted a FOIA request to Defendant, by certified mail,

seeking access to the following:
1.
2.
3.
4.
5.

6.

Any and all SF-85s and/ 85Ps for Cheryl Mills;
Any and all SF-86s for Cheryl Mills;
Any and all SF-450s for Cheryl Mills;
Any and all certificates of divestiture for Cheryl Mills;
Any and all individual waivers issued to or for Cheryl Mills pursuant to 18 U.S.C. §
208(b)(I) and 5 C.F.R. § 2640.301 or any other applicable ethics statutes, regulations,
guidelines or agreements.

The U.S. Postal Service provided Plaintiff a Domestic Return Receipt stamped by

Defendant showing that Defendant received the request by certified mail on August 25, 2015.
7.

Defendant subsequently acknowledged receipt of the request by letter dated August 18,

2015 and assigned the request Case Control Number F-2015-13193.
8.

On August 19, 2015, Plaintiff also submitted a FOIA request to Defendant, by certified

mail, seeking access to the following:
1. Any and all OF-109 forms filed for Huma Abedin; and
2. Any and all Of-109 forms filed for Cheryl D. Mills.
9.

The U.S. Postal Service provided Plaintiff a Domestic Return Receipt signed by

Defendant’s agent showing that Defendant also received the request by certified mail on August 25,
2015.

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10.

Defendant subsequently acknowledged receipt of the request by letter dated August 18,

2015 and assigned the request Case Control Number F-2015-13192.
11.

Pursuant to 5 U.S.C. § 552(a)(6)(A)(i), Defendant was required to determine whether to

comply with Plaintiff’s requests within twenty (20) working days and to notify Plaintiff immediately of
its determination, the reasons therefor, and the right to appeal any adverse determination.
12.

Defendant’s determinations regarding Plaintiff’s requests were due by September 28,

2015 at the latest.
13.

As of the date of this complaint, Defendant has failed to: (i) determine whether to comply

with the requests; (ii) notify Plaintiff of any such determination or the reasons therefor; (iii) advise
Plaintiff of the right to appeal any adverse determinations; or (iv) produce the requested records or
otherwise demonstrate that the requested records are exempt from production.
14.

Because Defendant has failed to comply with the time limit set forth in 5 U.S.C. §

552(a)(6)(A), Plaintiff is deemed to have exhausted any and all administrative remedies pursuant to 5
U.S.C. § 552(a)(6)(C).
COUNT 1
(Violation of FOIA, 5 U.S.C. § 552)
15.

Plaintiff realleges paragraphs 1 through 14 as if fully stated herein.

16.

Defendant is unlawfully withholding records requested by Plaintiff pursuant to

5 U.S.C. § 552.
17.

Plaintiff is being irreparably harmed by reason of Defendant’s unlawful withholding of

records responsive to Plaintiff’s FOIA requests, and Plaintiff will continue to be irreparably harmed
unless Defendant is compelled to conform its conduct to the requirements of the law.
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant to conduct a
search for any and all responsive records to Plaintiff’s FOIA requests and demonstrate that it employed
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search methods reasonably likely to lead to the discovery of records responsive to Plaintiff’s FOIA
requests; (2) order Defendant to produce, by a date certain, any and all non-exempt records to Plaintiff’s
FOIA requests and a Vaughn index of any responsive records withheld under claim of exemption; (3)
enjoin Defendant from continuing to withhold any and all non-exempt records responsive to Plaintiff’s
FOIA requests; (4) grant Plaintiff an award of attorneys’ fees and other litigation costs reasonably
incurred in this action pursuant to 5 U.S.C. § 552(a)(4)(E); and (5) grant Plaintiff such other relief as the
Court deems just and proper.
Dated: October 26, 2015

Respectfully submitted,
/s/ James F. Peterson
James F. Peterson
DC Bar No. 450171
JUDICIAL WATCH, INC.
425 Third Street, S.W., Suite 800
Washington, DC 20024
Tel: [phone]
[e-mail]
Attorney for Plaintiff

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