JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE
Filing
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COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4394680) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DOS, # 3 Summons US Attorney General, # 4 Summons US Attorney)(Peterson, James)
Case 1:16-cv-00152-TSC Document 1 Filed 01/29/16 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, DC 20024,
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Plaintiff,
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v.
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U.S. DEPARTMENT OF STATE,
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The Executive Office
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Office of the Legal Adviser, Room 5519
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2201 C Street, NW
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Washington, D.C. 20520,
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Defendant.
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____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action 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 that
seeks to promote transparency, integrity, and accountability in government and fidelity to the
rule of law. As part of its educational mission, Plaintiff regularly requests records under FOIA,
analyzes the responses and any records it receives, and disseminates its findings and the records
Case 1:16-cv-00152-TSC Document 1 Filed 01/29/16 Page 2 of 4
to the American public to inform them about “what their government is up to.” U.S. Dep’t of
Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749, 795 (1989). Plaintiff is
incorporated under the laws of the District of Columbia and is headquartered at 425 Third Street
SW, Suite 800, Washington, DC 20024.
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 27, 2015, Plaintiff submitted a FOIA request to the U.S. Department
of State, by certified mail, seeking access to the following:
i.
Any and all e-mails sent to or by Hillary Rodham Clinton
concerning, relating to, or referring to the State Messaging
and Archive Retrieval Toolset (SMART) between January
21, 2009 and February 1, 2013.
ii.
Any and all e-mails sent to or by Huma Abedin concerning
relating to, or referring to the SMART between January 21,
2009 and February 1, 2013.
iii.
Any and all e-mails sent to or by Jake Sullivan concerning,
relating to, or referring to the SMART between January 21,
2009 and February 1, 2013.
iv.
Any and all e-mails sent to or by Cheryl D. Mills
concerning, relating to, or referring to the SMART between
January 21, 2009 and February 1, 2013.
v.
Any and all e-mails sent to or by Richard R. Verma
concerning, relating to, or referring to the SMART between
January 21, 2009 and February 1, 2013.
vi.
Any and all e-mails sent to or by Oscar Flores concerning,
relating to, or referring to the SMART between January 21,
2009 and February 1, 2013.
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Case 1:16-cv-00152-TSC Document 1 Filed 01/29/16 Page 3 of 4
6.
According to U.S. Postal Service records, Defendant received Plaintiff’s FOIA
request on September 2, 2015.
7.
By letter dated September 16, 2015, Defendant acknowledged receiving
Plaintiff’s FOIA request and notified Plaintiff that the request had been assigned File No. 201513745.
8.
As of the date of this Complaint, Defendant has failed to: (i) produce the
requested records or demonstrate that the requested records are lawfully exempt from
production; (ii) notify Plaintiff of the scope of any responsive records Defendant intends to
produce or withhold and the reasons for any withholdings; or (iii) inform Plaintiff that it may
appeal any adequately specific, adverse determination.
COUNT I
(Violation of FOIA, 5 U.S.C. § 552)
9.
Plaintiff realleges paragraphs 1 through 8 as if fully stated herein.
10.
Defendant is violating FOIA by failing to search for and produce all records
responsive to Plaintiff’s request or demonstrate that the requested records are lawfully exempt
from production.
11.
Plaintiff is being irreparably harmed by reason of Defendant’s violation of FOIA,
and Plaintiff will continue to be irreparably harmed unless Defendant is compelled to comply
with FOIA.
12.
To trigger FOIA’s administrative exhaustion requirement, Defendant was
required to determine whether to comply with Plaintiff’s request within twenty (20) working
days of receiving the request on September 2, 2015. Accordingly, Defendant’s determination
was due on or about October 17, 2015. At a minimum, Defendant was required to: (i) gather
and review the requested documents; (ii) determine and communicate to Plaintiff the scope of
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Case 1:16-cv-00152-TSC Document 1 Filed 01/29/16 Page 4 of 4
any responsive records Defendant intended to produce or withhold and the reasons for any
withholdings; and (iii) inform Plaintiff that it may appeal any adequately specific, adverse
determination. See, e.g., Citizens for Responsibility and Ethics in Washington v. Federal
Election Commission, 711 F.3d 180, 188-89 (D.C. Cir. 2013).
13.
Because Defendant failed to determine whether to comply with Plaintiff’s request
within the time period required by FOIA, Plaintiff is deemed to have exhausted its administrative
appeal remedies. 5 U.S.C. § 552(a)(6)(C)(i).
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant to
search for any and all records responsive to Plaintiff’s FOIA request and demonstrate that it
employed search methods reasonably calculated to uncover all records responsive to the request;
(2) order Defendant to produce, by a date certain, any and all non-exempt records responsive to
Plaintiff’s FOIA request 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 request; (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: January 29, 2016
Respectfully submitted,
/s/ James F. Peterson
James F. Peterson
D.C. Bar No. 450171
Judicial Watch, Inc.
425 Third Street SW, Suite 800
Washington, DC 20024
(202) 646-5172
Counsel for Plaintiff
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