COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-4993994) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney, # 3 Summons Attorney General, # 4 Summons U.S. Department of Homeland Security, # 5 Summons U.S. Customs and Border Protection, # 6 Summons U.S. Department of the Interior, # 7 Summons Office of Management and Budget)(Cafasso, Cerissa)
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Page 1 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
)
)
)
)
Plaintiff, )
)
v.
)
)
U.S. DEPARTMENT OF
)
HOMELAND SECURITY,
) Murray Lane SW
)
Washington, DC 20528
)
)
U.S. CUSTOMS AND
)
BORDER PROTECTION,
) Pennsylvania Avenue NW
)
Washington, DC 20229
)
)
U.S. DEPARTMENT OF THE INTERIOR,
) C Street NW
)
Washington, DC 20240
)
)
and
)
)
OFFICE OF MANAGEMENT AND BUDGET, ) 17th Street NW
)
Washington, DC 20503
)
)
)
Defendants. )
)
AMERICAN OVERSIGHT, 15th Street NW, B255
Washington, DC 20005
Case No. 17-1187
COMPLAINT.
Plaintiff American Oversight brings this action against the U.S. Department of
Homeland Security, the U.S. Customs and Border Protection, the U.S. Department of the
Interior, and the Office of Management and Budget under the Freedom of Information Act, Page 2 5 U.S.C. § 552 (FOIA), and the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, seeking
declaratory and injunctive relief to compel compliance with the requirements of FOIA.
JURISDICTION AND VENUE.
This Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)
and 28 U.S.C. §§ 1331, 2201, and 2202..
Venue is proper in this district pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C.
§ 1391(e)..
Because Defendants have failed to comply with the applicable time-limit
provisions of the FOIA, American Oversight is deemed to have exhausted its administrative
remedies pursuant to 5 U.S.C. § 552(a)(6)(C)(i) and is now entitled to judicial action enjoining
the agency from continuing to withhold agency records and ordering the production of agency
records improperly withheld.
PARTIES.
Plaintiff American Oversight is a nonpartisan organization committed to the
promotion of transparency in government, the education of the public about government
activities, and ensuring the accountability of government officials. Through research and FOIA
requests, American Oversight uses the information it gathers, and its analysis of it, to educate the
public about the activities and operations of the federal government through reports, published
analyses, press releases, and other media. The organization is incorporated under the laws of the
District of Columbia, and its application for § 501(c)(3) status is pending with the Internal
Revenue Service..
Defendant U.S. Department of Homeland Security (DHS) is a department of the
executive branch of the U.S. government headquartered in Washington, DC, and an agency of Page 3 the federal government within the meaning of 5 U.S.C. § 552(f)(1). The DHS Privacy Office
(DHSHQ) coordinates FOIA requests for several DHS components, including the Office of the
Secretary, Office of the Executive Secretary, Office of Intergovernmental Affairs, Management
Directorate, Office of Policy, Office of the General Counsel, Office of Legislative Affairs, and
Office of Public Affairs. DHSHQ has possession, custody, and control of the records that
American Oversight seeks..
Defendant U.S. Customs and Border Protection (CBP) is a component of DHS
and is also headquartered in Washington, DC. CBP has possession, custody, and control of the
records that American Oversight seeks..
Defendant U.S. Department of the Interior (DOI) is a department of the executive
branch of the U.S. government headquartered in Washington, DC, and an agency of the federal
government within the meaning of 5 U.S.C. § 552(f)(1). The Bureau of Land Management
(BLM) is a component of DOI. DOI has possession, custody, and control of the records that
American Oversight seeks..
Defendant the Office of Management and Budget (OMB) is an agency of the
federal government within the meaning of 5 U.S.C. § 552(f)(1) headquartered in Washington,
DC. OMB has possession, custody, and control of the records that American Oversight seeks..
Defendant the Office of Management and Budget (OMB) is an agency of the
federal government within the meaning of 5 U.S.C. § 552(f)(1) headquartered in Washington,
DC. OMB has possession, custody, and control of the records that American Oversight seeks.
STATEMENT OF FACTS.
On information and belief, DHSHQ is coordinating all FOIA requests received by
any DHS component—whether or not the request relates to records in the possession, custody, or Page 4 control of DHSHQ—regarding records related to Executive Order 13767 and the construction of
a wall along the U.S.-Mexico border..
On information and belief, DHS components are to defer to non-records-related
decisions DHSHQ makes with regard to FOIA requests, such as the grant of fee waiver and
expedited processing.
DHS Baseline Analysis Requests
Schedule FOIA.
On March 21, 2017, American Oversight submitted a FOIA request to DHSHQ
and CBP bearing internal tracking number DHS-17-0040 seeking access to the following records
on an expedited basis:) All records concerning the schedule or schedules for the
initiation, construction, and or completion of a wall, fence, or
other physical barrier on the U.S.–Mexico border.) Any preliminary or final analysis regarding the scheduling or
timing of the initiation, construction, or completion of such a
wall, fence, or physical barrier.) All correspondence sent or received by political appointees
within the agency or individuals appointed to or acting in
presidential appointment with Senate confirmation (PAS)
positions within the agency concerning the schedule for the
initiation, construction, or completion of such a wall, fence, or
physical barrier.
American Oversight requested all responsive records from November 8, 2016, through the date
of the search..
DHSHQ assigned the request tracking number 2017-HQFO-00564. Page 5 15.
CBP assigned the request a tracking number ending in the numerical sequence
-041455.1.
DHSHQ granted expedited processing as requested under 6 C.F.R. § 5.5(e)(1)(iv).
.
DHSHQ informed American Oversight that, under authority granted by FOIA, the
agency was invoking a ten-day extension to make a determination regarding the request..
Neither DHSHQ nor CBP has made a determination as to American Oversight’s
FOIA request.
Costs and Appropriations FOIA.
On March 21, 2017, American Oversight submitted a FOIA request to DHSHQ
and CBP bearing internal tracking number DHS-17-0045 seeking access to the following records
on an expedited basis:) All communications, informational materials, talking points,
reports, assessments, analyses, or other materials regarding the
cost of the proposed wall, including any fence or other physical
barrier along the U.S.–Mexico border.) All communications, informational materials, talking points,
reports, assessments, analyses, or other materials regarding the
availability of budgeted funds, and/or constraints on planning
for and construction of such a wall, fence, or other physical
barrier.) All communications, informational materials, talking points,
reports, assessments, analyses, or other materials regarding the
availability or unavailability of current appropriations for
planning for and construction of such a wall, fence, or other
physical barrier, including any evaluation, assessment, or
CBP has changed the introductory identifier to its FOIA requests on numerous occasions. For
example, this particular FOIA was initially changed from CBP-2017-041455 to CBP-OAM2017-041455 and has been changed subsequently as well. Based on conversations counsel for
American Oversight had with FOIA personnel at CBP, American Oversight understands that
CBP can identify FOIAs based solely on the numeric portion of the tracking number. For
simplicity and clarity, American Oversight only references the numeric portion of CBP tracking
numbers throughout this Complaint.Page 6 analysis of currently available appropriations that could be used
to fund design, preliminary work, or construction of such a wall,
fence, or other physical barrier.) All communications concerning the appropriations and
budgeting requests concerning the wall, fence, or other physical
barrier between DHS or its components and Congress, including
congressional committees or staff. Please include any
communications sent or received by DHS or its components, or
communications upon which DHS or its components were
copied.
American Oversight requested all responsive records from November 8, 2016, through the date
of the search..
DHSHQ assigned the request tracking number 2017-HQFO-00569.
.
CBP assigned the request a tracking number ending in the numerical sequence
-041471..
DHSHQ granted expedited processing as requested under 6 C.F.R. § 5.5(e)(1)(iv).
.
DHSHQ informed American Oversight that, under authority granted by FOIA, the
agency was invoking a ten-day extension to make a determination regarding the request..
Neither DHSHQ nor CBP has made a determination as to American Oversight’s
FOIA request.
Eminent Domain FOIA.
On March 21, 2017, American Oversight submitted a FOIA request to DHSHQ
and CBP bearing internal tracking number DHS-17-0042 seeking access to the following records
on an expedited basis:) Any assessment or analysis regarding the eminent domain
requirements for the construction of a wall, fence, or other
physical barrier that would extend along the U.S.–Mexico
border. Page 7 2) Any assessment or analysis regarding currently available
appropriations to acquire land in connection with the
construction of a wall, fence, or other physical barrier that would
extend the full length of the U.S.–Mexico border.) All communications with non-governmental persons,
corporations, or other entities who own land along the U.S.Mexico border regarding potential or actual eminent domain
actions. Please include any communications sent or received by
DHS or its components, or communications upon which DHS or
its components were copied.
American Oversight requested all responsive records from November 8, 2016, through the date
of the search..
DHSHQ assigned the request tracking number 2017-HQFO-00566.
.
CBP assigned the request a tracking number ending in the numerical sequence
-041459..
DHSHQ granted expedited processing as requested under 6 C.F.R. § 5.5(e)(1)(iv).
.
Neither DHSHQ nor CBP has made a determination as to American Oversight’s
FOIA request.
SBINet FOIA.
On March 21, 2017, American Oversight submitted a FOIA request to DHSHQ
and CBP2 bearing internal tracking number DHS-17-0046 seeking access to the following
records on an expedited basis:) All communications regarding the January 2010 decision to
initiate a reassessment of the SBInet program.) Any memoranda or reports, and supporting material, prepared
for Secretary Napolitano regarding the efficacy, performance,
cost, or utility of the SBInet program.
American Oversight also submitted this request to DHS’s Office of Intelligence & Analysis;
that component has already responded to the request.Page 8 3) Any memoranda or reports, and supporting material, prepared
for the Trump administration regarding the efficacy,
performance, cost, or utility of the SBInet program.) Any decision memoranda prepared regarding the January 2011
cancellation of the SBInet program.) Any records analyzing or reviewing the SBInet program in
connection with any analysis or evaluation of the proposal to
build a wall, fence, or other physical barrier between the U.S.
and Mexico.
American Oversight requested all responsive records from January 1, 2010, through January 31,, as well as all responsive records from November 8, 2016, through the date of the search..
DHSHQ assigned the request tracking number 2017-HQFO-00570.
.
CBP assigned the request a tracking number ending in the numerical sequence
-041474..
DHSHQ granted expedited processing as requested under 6 C.F.R. § 5.5(e)(1)(iv).
.
Neither DHSHQ nor CBP has made a determination as to American Oversight’s
FOIA request.
Tohono O’odham Nation Requests
DHS Tohono Communications FOIA.
On March 29, 2017, American Oversight submitted a FOIA request to DHSHQ
and CBP bearing internal tracking number DHS-17-0054 seeking access to the following records
on an expedited basis:
All communications, correspondence, meeting notices, meeting
agendas, informational materials, talking points, or other materials
exchanged between or used in discussions with the Tohono
O’odham Nation, including but not limited to any lobbyist, lawyer,
or other representative contacting DHS on the tribe’s behalf, and
DHS. Page 9 American Oversight requested all responsive records from November 8, 2016, through the date
of the search..
DHSHQ assigned the request tracking number 2017-HQFO-00590.
.
CBP assigned the request a tracking number ending in the numerical sequence
-044167..
DHSHQ has not responded to American Oversight’s request for expedited
processing..
Neither DHSHQ nor CBP has made a determination as to American Oversight’s
FOIA request.
DHS Tohono Analysis FOIA.
On March 29, 2017, American Oversight submitted a FOIA request to DHSHQ
and CBP bearing internal tracking number DHS-17-0055 seeking access to the following records
on an expedited basis:
All analyses, memoranda, or reports regarding sovereign tribal land
and the construction of a contiguous wall, fence, or other physical
barrier along the U.S.-Mexico border.
American Oversight requested all responsive records from November 8, 2016, through the date
of the search..
DHSHQ assigned the request tracking number 2017-HQFO-00591.
.
CBP assigned the request a tracking number ending in the numerical sequence
-044168..
Neither DHSHQ nor CBP has responded to American Oversight’s request for
expedited processing. Page 10 44.
DHS informed American Oversight that, under authority granted by FOIA, the
agency was invoking a ten-day extension to make a determination regarding the request..
Neither DHSHQ nor CBP has determination as to American Oversight’s FOIA
request.
DOI Tohono Communications and Analysis FOIA.
On March 29, 2017, American Oversight submitted a FOIA request to BLM
bearing internal tracking number DOI-17-0052 seeking access to the following records on an
expedited basis:) All communications, correspondence, meeting notices, meeting
agendas, informational materials, talking points, or other
materials exchanged between or used in discussions with the
Tohono O’odham Nation, including but not limited to any
lobbyist, lawyer, or other representative contacting DOI on the
tribe’s behalf, and DOI.) All communications, email, correspondence, meeting notices,
meeting agendas, informational materials, talking points, or
other materials exchanged between the Department of
Homeland Security, including any of its component agencies,
and DOI regarding the Tohono O’odham Nation.) All analyses, memoranda, or reports regarding sovereign tribal
land and the construction of a contiguous wall, fence, or other
physical barrier along the U.S.-Mexico border.
American Oversight requested all responsive records from November 8, 2016, through the date
of the search..
American Oversight has not received any further communication from BLM
regarding this FOIA request. American Oversight has not received any communication from
BLM acknowledging receipt of this FOIA request or providing American Oversight with an
agency tracking number for this FOIA request. Page 11 48.
American Oversight has not received any response from BLM regarding
American Oversight’s request for expedited processing of this FOIA request..
BLM has not made a determination as to American Oversight’s FOIA request.
Budget Requests
OMB Budget I FOIA
.
On April 25, 2017, American Oversight submitted a FOIA request to OMB
bearing internal tracking number OMB-17-0112 seeking access to the following records on an
expedited basis:
All communications with Congress, including any member of
Congress or congressional staff, regarding the inclusion of border
funding or wall funding in any congressional resolutions or bills to
extend government funding beyond April 28, 2017. Please include
all communications concerning any negotiations related to the
inclusion of border funding or wall funding in such resolutions or
bills, as well as any consideration offered in exchange for the
inclusion of such funding.
The search for responsive records should include individuals and
locations where records are likely to exist, including but not limited
to: Mick Mulvaney, the Office of the Director, the Office of the
Deputy Director, the Office of Legislative Affairs, the General
Government Programs (GGP) component of the Resource
Management Offices (or any such successor component in a
restructured Trump administration OMB), and the Homeland
Security Branch of GGP (or any such successor component in a
restructured Trump administration OMB), as well as any other
office engaged in negotiations or communications over extending
government funding beyond April 28, 2017.
American Oversight requested all responsive records from January 20, 2017, through the date of
the search..
OMB assigned the request tracking number 2017-183.
.
OMB denied American Oversight’s request for expedited processing under
C.F.R. § 1303.10(d)(1)(ii), (iv). Page 12 53.
OMB has not made a determination as to American Oversight’s FOIA request.
OMB Budget II FOIA
.
On May 3, 2017, American Oversight submitted a FOIA request to OMB bearing
internal tracking number OMB-17-0119 seeking access to the following records on an expedited
basis:
All communications with Congress, including any member of
Congress or congressional staff, regarding the inclusion of border
funding or wall funding in any congressional resolutions or bills to
extend government funding for any period between April 28, 2017,
and September 30, 2017. Please include all communications
concerning any negotiations related to the inclusion of border
funding or wall funding in such resolutions or bills, as well as any
consideration offered in exchange for the inclusion of such funding.
The search for responsive records should include individuals and
locations where records are likely to exist, including but not limited
to: Mick Mulvaney, the Office of the Director, the Office of the
Deputy Director, the Office of Legislative Affairs, the General
Government Programs (GGP) component of the Resource
Management Offices (or any such successor component in a
restructured Trump administration OMB), and the Homeland
Security Branch of GGP (or any such successor component in a
restructured Trump administration OMB), as well as any other
office engaged in negotiations or communications over extending
government funding for any period between April 28, 2017, and
September 30, 2017.
American Oversight requested all responsive records from January 20, 2017, through the date of
the search..
OMB assigned the request tracking number 2017-200.
.
OMB has not responded to American Oversight’s request for expedited
processing..
OMB has not made a determination as to American Oversight’s FOIA request. Page 13 DHSHQ Budget FOIA.
On May 3, 2017, American Oversight submitted a FOIA request to DHSHQ
bearing internal tracking number DHS-17-0121 seeking access to the following records on an
expedited basis:) All guidance from the Chief Financial Officer or Office of
General Counsel regarding the availability of appropriated funds
or how to use appropriated funds for construction of a wall,
fence, or other physical or virtual barrier along the U.S.-Mexico
border in compliance with any riders in the Consolidated
Appropriations Act, 2017.) All communications with Congress, including any member of
Congress or congressional staff, regarding the inclusion of
funding for construction of a wall, fence, or other physical or
virtual barrier along the U.S.-Mexico in any congressional
resolutions or bills.
The search for responsive records should include individuals and
locations where records are likely to exist, including but not
limited to: John Kelly, the Office of the Secretary, the Chief of
Staff, Elaine Duke, the Office of the Deputy Secretary, the
Office of Policy, the Office of Legislative Affairs, and the
Management Directorate.
American Oversight requested all responsive records from January 20, 2017, through the date of
the search..
DHSHQ assigned the request tracking number 2017-HQFO-00728.
.
DHSHQ granted expedited processing as requested under 6 C.F.R.
§ 5.5(e)(1)(ii), (iv)..
DHSHQ informed American Oversight that, under authority granted by FOIA, the
agency was invoking a ten-day extension to make a determination regarding the request..
DHSHQ has not made a determination as to American Oversight’s FOIA request. Page 14 CBP Budget FOIA.
On May 3, 2017, American Oversight submitted a FOIA request to CBP bearing
internal tracking number DHS-CBP-17-0122 seeking access to the following records on an
expedited basis:) All communications with representatives of the National Border
Patrol Council (NBPC) union—including, but not limited to:
members of the NPBC Executive Committee: Brandon Judd,
Paul Perez, Eric Sparkman, Albert Trevino, Art Del Cueto, Mike
Egerton, Jon Anfinsen, Hector Garza, Chris Kraus, Rob Russell,
and Bud Tuffy; and any locals, including 1613 (San Diego), (El Paso), 2366 (Del Rio), 2455 (Laredo), 2509 (Big
Bend), 2544 (Tucson), 2554 (El Centro), 2595 (Yuma), and (Rio Grande Valley)—regarding the availability of funds
for the construction of a wall, fence, or other physical or virtual
barrier along the U.S.-Mexico border, or regarding the views of
the union or union members on the desirability or effectiveness
of such a wall, fence, or other barrier.) All communications with Congress, including any member of
Congress or congressional staff, regarding the inclusion of
funding for construction of a wall, fence, or other physical or
virtual barrier along the U.S.-Mexico in any congressional
resolutions or bills.
The search for responsive records should include individuals and
locations where records are likely to exist, including but not
limited to: the Office of the Commissioner, including the
Commissioner, Chief of Staff, Deputy Chief of Staff, and
Deputy Chief of Staff—Policy; the Office of the Deputy
Commissioner, including the Deputy Commissioner and the
Deputy Commissioner’s Chief of Staff; the Office of
Congressional Affairs, including the Assistant Commissioner
for Congressional Affairs; the U.S. Border Patrol, including the
Office of the Chief, and the following sectors: San Diego, El
Centro, Yuma, Tucson, El Paso, Big Bend, Del Rio, Laredo, and
Rio Grande Valley.
American Oversight requested all responsive records from January 20, 2017, through the date of
the search. Page 15 64.
CBP assigned the request a tracking number ending in the numerical sequence
-054207..
DHSHQ informed American Oversight that CBP had routed the request to
DHSHQ in light of DHSHQ’s coordinating role..
DHSHQ assigned the request tracking number 2017-HQFO-00918.
.
DHSHQ granted expedited processing as requested under 6 C.F.R.
§ 5.5(e)(1)(ii), (iv)..
DHSHQ informed American Oversight that, under authority granted by FOIA, the
agency was invoking a ten-day extension to make a determination regarding the request..
Neither DHSHQ nor CBP has made a determination as to American Oversight’s
FOIA request.
Secretary Kelly Hearing FOIA.
On April 5, 2017, American Oversight submitted a FOIA request to DHSHQ
bearing internal tracking number DHS-17-0076 seeking access to the following records on an
expedited basis:) Any communications with non-government entities or parties
relating to the “requirements analysis” to seek input from DHS
field agents.) Any briefing materials prepared for Mr. Kelly regarding his
February 1, 2017, visit to McAllen, Texas.) Any communications between Mr. Kelly, or anyone acting on
his behalf, with President Enrique Peña Nieto, or anyone acting
on his behalf, concerning the wall, fence, or other physical or
virtual barrier, and who will pay for it.) Any materials prepared for Mr. Kelly regarding the Tohono
O’odham Nation as it relates to construction of a wall, fence, or
other physical or virtual barrier on Tohono land. Page 16 5) Any communications from Mr. Kelly relating to the length of
any proposed or planned physical barrier along the U.S.-Mexico
border. Materials responsive to this request would include, but
are not limited to, emails from Mr. Kelly stating that the wall
will not be the entire length of the border.) Any recommendations to or final decisions of Mr. Kelly
regarding the laws that will or will not be waived under Section of the REAL ID Act.
American Oversight requested all responsive records from January 20, 2017, through the date of
the search..
DHSHQ assigned the request tracking number 2017-HQFO-00618.
.
DHSHQ granted expedited processing as requested under 6 C.F.R. § 5.5(e)(1)(iv).
.
DHSHQ informed American Oversight that, under authority granted by FOIA, the
agency was invoking a ten-day extension to make a determination regarding the request..
DHSHQ has not made a determination as to American Oversight’s FOIA request.
Agency Inaction
.
As of the date of this Complaint, Defendants have failed to (i) notify American
Oversight of any determination regarding the requests, including the scope of any responsive
records Defendants intend to produce or withhold and the reasons for any withholdings; or (ii)
produce the requested records or demonstrate that the requested records are lawfully exempt
from production..
Through Defendants’ failure to respond to American Oversight’s FOIA request
within the time period required by law, American Oversight has constructively exhausted its
administrative remedies and seeks immediate judicial review. Page 17 COUNT I
Violation of FOIA, 5 U.S.C. § 552
Failure to Conduct Adequate Search for Records.
American Oversight repeats the allegations in the foregoing paragraphs and
incorporates them as though fully set forth herein..
American Oversight properly requested records within the possession, custody,
and control of the Defendants..
Defendants are agencies and a component thereof subject to FOIA and must
therefore make reasonable efforts to search for requested records..
Defendants have failed to promptly review agency records for the purpose of
locating those records which are responsive to American Oversight’s request..
Defendants’ failure to conduct an adequate search for responsive records violates
.
Plaintiff American Oversight is therefore entitled to injunctive and declaratory
FOIA.
relief requiring Defendants to promptly make reasonable efforts to search for records responsive
to American Oversight’s FOIA request.
COUNT II
Violation of FOIA, 5 U.S.C. § 552
Wrongful Withholding of Non-Exempt Records.
American Oversight repeats the allegations in the foregoing paragraphs and
incorporates them as though fully set forth herein..
American Oversight properly requested records within the possession, custody,
and control of the Defendants. Page 18 85.
Defendants are agencies and a component thereof subject to FOIA and must
therefore release in response to a FOIA requests any disclosable records and provide a lawful
reason for withholding any materials..
Defendants are wrongfully withholding agency records requested by American
Oversight by failing to produce records responsive to its FOIA request..
Defendants’ failure to provide all responsive records violates FOIA.
.
Plaintiff American Oversight is therefore entitled to injunctive and declaratory
relief requiring Defendants to promptly produce all non-exempt records responsive to its FOIA
request and provide indexes justifying the withholding of any responsive records withheld under
claim of exemption.
REQUESTED RELIEF
WHEREFORE, American Oversight respectfully requests the Court to:
(1) Order Defendants to conduct a search reasonably calculated to uncover all records
responsive to American Oversight’s FOIA requests identified in this Complaint;
(2) Order Defendants to produce, by such a date as the Court deems appropriate, any and
all non-exempt records responsive to American Oversight’s FOIA requests and
indexes justifying the withholding of any responsive records withheld under claim of
exemption;
(3) Enjoin Defendants from continuing to withhold any and all non-exempt records
responsive to American Oversight’s FOIA request;
(4) Award American Oversight attorneys’ fees and other litigation costs reasonably
incurred in this action, pursuant to 5 U.S.C. § 552(a)(4)(E); and
(5) Grant American Oversight such other relief as the Court deems just and proper. Page 19 Dated: June 16, 2017
Respectfully submitted,
/s/ Cerissa Cafasso
Cerissa Cafasso
D.C. Bar No. 1011003
John E. Bies
D.C. Bar No. 483730
AMERICAN OVERSIGHT 15th Street NW, B255
Washington, DC 20005
(202) 869-5246
cerissa.cafasso@americanoversight.org
john.bies@americanoversight.org
Counsel for Plaintiff
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PlainSite Cover Page
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Case 1:17-cv-01187 Document 1 Filed 06/16/17 Page 1 of 19
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
)
)
)
)
Plaintiff, )
)
v.
)
)
U.S. DEPARTMENT OF
)
HOMELAND SECURITY,
)
245 Murray Lane SW
)
Washington, DC 20528
)
)
U.S. CUSTOMS AND
)
BORDER PROTECTION,
)
1300 Pennsylvania Avenue NW
)
Washington, DC 20229
)
)
U.S. DEPARTMENT OF THE INTERIOR,
)
1849 C Street NW
)
Washington, DC 20240
)
)
and
)
)
OFFICE OF MANAGEMENT AND BUDGET, )
725 17th Street NW
)
Washington, DC 20503
)
)
)
Defendants. )
)
AMERICAN OVERSIGHT,
1030 15th Street NW, B255
Washington, DC 20005
Case No. 17-1187
COMPLAINT
1.
Plaintiff American Oversight brings this action against the U.S. Department of
Homeland Security, the U.S. Customs and Border Protection, the U.S. Department of the
Interior, and the Office of Management and Budget under the Freedom of Information Act,
1
PDF Page 3
Case 1:17-cv-01187 Document 1 Filed 06/16/17 Page 2 of 19
5 U.S.C. § 552 (FOIA), and the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, seeking
declaratory and injunctive relief to compel compliance with the requirements of FOIA.
JURISDICTION AND VENUE
2.
This Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)
and 28 U.S.C. §§ 1331, 2201, and 2202.
3.
Venue is proper in this district pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C.
§ 1391(e).
4.
Because Defendants have failed to comply with the applicable time-limit
provisions of the FOIA, American Oversight is deemed to have exhausted its administrative
remedies pursuant to 5 U.S.C. § 552(a)(6)(C)(i) and is now entitled to judicial action enjoining
the agency from continuing to withhold agency records and ordering the production of agency
records improperly withheld.
PARTIES
5.
Plaintiff American Oversight is a nonpartisan organization committed to the
promotion of transparency in government, the education of the public about government
activities, and ensuring the accountability of government officials. Through research and FOIA
requests, American Oversight uses the information it gathers, and its analysis of it, to educate the
public about the activities and operations of the federal government through reports, published
analyses, press releases, and other media. The organization is incorporated under the laws of the
District of Columbia, and its application for § 501(c)(3) status is pending with the Internal
Revenue Service.
6.
Defendant U.S. Department of Homeland Security (DHS) is a department of the
executive branch of the U.S. government headquartered in Washington, DC, and an agency of
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the federal government within the meaning of 5 U.S.C. § 552(f)(1). The DHS Privacy Office
(DHSHQ) coordinates FOIA requests for several DHS components, including the Office of the
Secretary, Office of the Executive Secretary, Office of Intergovernmental Affairs, Management
Directorate, Office of Policy, Office of the General Counsel, Office of Legislative Affairs, and
Office of Public Affairs. DHSHQ has possession, custody, and control of the records that
American Oversight seeks.
7.
Defendant U.S. Customs and Border Protection (CBP) is a component of DHS
and is also headquartered in Washington, DC. CBP has possession, custody, and control of the
records that American Oversight seeks.
8.
Defendant U.S. Department of the Interior (DOI) is a department of the executive
branch of the U.S. government headquartered in Washington, DC, and an agency of the federal
government within the meaning of 5 U.S.C. § 552(f)(1). The Bureau of Land Management
(BLM) is a component of DOI. DOI has possession, custody, and control of the records that
American Oversight seeks.
9.
Defendant the Office of Management and Budget (OMB) is an agency of the
federal government within the meaning of 5 U.S.C. § 552(f)(1) headquartered in Washington,
DC. OMB has possession, custody, and control of the records that American Oversight seeks.
10.
Defendant the Office of Management and Budget (OMB) is an agency of the
federal government within the meaning of 5 U.S.C. § 552(f)(1) headquartered in Washington,
DC. OMB has possession, custody, and control of the records that American Oversight seeks.
STATEMENT OF FACTS
11.
On information and belief, DHSHQ is coordinating all FOIA requests received by
any DHS component—whether or not the request relates to records in the possession, custody, or
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control of DHSHQ—regarding records related to Executive Order 13767 and the construction of
a wall along the U.S.-Mexico border.
12.
On information and belief, DHS components are to defer to non-records-related
decisions DHSHQ makes with regard to FOIA requests, such as the grant of fee waiver and
expedited processing.
DHS Baseline Analysis Requests
Schedule FOIA
13.
On March 21, 2017, American Oversight submitted a FOIA request to DHSHQ
and CBP bearing internal tracking number DHS-17-0040 seeking access to the following records
on an expedited basis:
1) All records concerning the schedule or schedules for the
initiation, construction, and or completion of a wall, fence, or
other physical barrier on the U.S.–Mexico border.
2) Any preliminary or final analysis regarding the scheduling or
timing of the initiation, construction, or completion of such a
wall, fence, or physical barrier.
3) All correspondence sent or received by political appointees
within the agency or individuals appointed to or acting in
presidential appointment with Senate confirmation (PAS)
positions within the agency concerning the schedule for the
initiation, construction, or completion of such a wall, fence, or
physical barrier.
American Oversight requested all responsive records from November 8, 2016, through the date
of the search.
14.
DHSHQ assigned the request tracking number 2017-HQFO-00564.
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15.
CBP assigned the request a tracking number ending in the numerical sequence
2017-041455.1
16.
DHSHQ granted expedited processing as requested under 6 C.F.R. § 5.5(e)(1)(iv).
17.
DHSHQ informed American Oversight that, under authority granted by FOIA, the
agency was invoking a ten-day extension to make a determination regarding the request.
18.
Neither DHSHQ nor CBP has made a determination as to American Oversight’s
FOIA request.
Costs and Appropriations FOIA
19.
On March 21, 2017, American Oversight submitted a FOIA request to DHSHQ
and CBP bearing internal tracking number DHS-17-0045 seeking access to the following records
on an expedited basis:
1) All communications, informational materials, talking points,
reports, assessments, analyses, or other materials regarding the
cost of the proposed wall, including any fence or other physical
barrier along the U.S.–Mexico border.
2) All communications, informational materials, talking points,
reports, assessments, analyses, or other materials regarding the
availability of budgeted funds, and/or constraints on planning
for and construction of such a wall, fence, or other physical
barrier.
3) All communications, informational materials, talking points,
reports, assessments, analyses, or other materials regarding the
availability or unavailability of current appropriations for
planning for and construction of such a wall, fence, or other
physical barrier, including any evaluation, assessment, or
1
CBP has changed the introductory identifier to its FOIA requests on numerous occasions. For
example, this particular FOIA was initially changed from CBP-2017-041455 to CBP-OAM2017-041455 and has been changed subsequently as well. Based on conversations counsel for
American Oversight had with FOIA personnel at CBP, American Oversight understands that
CBP can identify FOIAs based solely on the numeric portion of the tracking number. For
simplicity and clarity, American Oversight only references the numeric portion of CBP tracking
numbers throughout this Complaint.
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analysis of currently available appropriations that could be used
to fund design, preliminary work, or construction of such a wall,
fence, or other physical barrier.
4) All communications concerning the appropriations and
budgeting requests concerning the wall, fence, or other physical
barrier between DHS or its components and Congress, including
congressional committees or staff. Please include any
communications sent or received by DHS or its components, or
communications upon which DHS or its components were
copied.
American Oversight requested all responsive records from November 8, 2016, through the date
of the search.
20.
DHSHQ assigned the request tracking number 2017-HQFO-00569.
21.
CBP assigned the request a tracking number ending in the numerical sequence
2017-041471.
22.
DHSHQ granted expedited processing as requested under 6 C.F.R. § 5.5(e)(1)(iv).
23.
DHSHQ informed American Oversight that, under authority granted by FOIA, the
agency was invoking a ten-day extension to make a determination regarding the request.
24.
Neither DHSHQ nor CBP has made a determination as to American Oversight’s
FOIA request.
Eminent Domain FOIA
25.
On March 21, 2017, American Oversight submitted a FOIA request to DHSHQ
and CBP bearing internal tracking number DHS-17-0042 seeking access to the following records
on an expedited basis:
1) Any assessment or analysis regarding the eminent domain
requirements for the construction of a wall, fence, or other
physical barrier that would extend along the U.S.–Mexico
border.
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2) Any assessment or analysis regarding currently available
appropriations to acquire land in connection with the
construction of a wall, fence, or other physical barrier that would
extend the full length of the U.S.–Mexico border.
3) All communications with non-governmental persons,
corporations, or other entities who own land along the U.S.Mexico border regarding potential or actual eminent domain
actions. Please include any communications sent or received by
DHS or its components, or communications upon which DHS or
its components were copied.
American Oversight requested all responsive records from November 8, 2016, through the date
of the search.
26.
DHSHQ assigned the request tracking number 2017-HQFO-00566.
27.
CBP assigned the request a tracking number ending in the numerical sequence
2017-041459.
28.
DHSHQ granted expedited processing as requested under 6 C.F.R. § 5.5(e)(1)(iv).
29.
Neither DHSHQ nor CBP has made a determination as to American Oversight’s
FOIA request.
SBINet FOIA
30.
On March 21, 2017, American Oversight submitted a FOIA request to DHSHQ
and CBP2 bearing internal tracking number DHS-17-0046 seeking access to the following
records on an expedited basis:
1) All communications regarding the January 2010 decision to
initiate a reassessment of the SBInet program.
2) Any memoranda or reports, and supporting material, prepared
for Secretary Napolitano regarding the efficacy, performance,
cost, or utility of the SBInet program.
2
American Oversight also submitted this request to DHS’s Office of Intelligence & Analysis;
that component has already responded to the request.
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3) Any memoranda or reports, and supporting material, prepared
for the Trump administration regarding the efficacy,
performance, cost, or utility of the SBInet program.
4) Any decision memoranda prepared regarding the January 2011
cancellation of the SBInet program.
5) Any records analyzing or reviewing the SBInet program in
connection with any analysis or evaluation of the proposal to
build a wall, fence, or other physical barrier between the U.S.
and Mexico.
American Oversight requested all responsive records from January 1, 2010, through January 31,
2011, as well as all responsive records from November 8, 2016, through the date of the search.
31.
DHSHQ assigned the request tracking number 2017-HQFO-00570.
32.
CBP assigned the request a tracking number ending in the numerical sequence
2017-041474.
33.
DHSHQ granted expedited processing as requested under 6 C.F.R. § 5.5(e)(1)(iv).
34.
Neither DHSHQ nor CBP has made a determination as to American Oversight’s
FOIA request.
Tohono O’odham Nation Requests
DHS Tohono Communications FOIA
35.
On March 29, 2017, American Oversight submitted a FOIA request to DHSHQ
and CBP bearing internal tracking number DHS-17-0054 seeking access to the following records
on an expedited basis:
All communications, correspondence, meeting notices, meeting
agendas, informational materials, talking points, or other materials
exchanged between or used in discussions with the Tohono
O’odham Nation, including but not limited to any lobbyist, lawyer,
or other representative contacting DHS on the tribe’s behalf, and
DHS.
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American Oversight requested all responsive records from November 8, 2016, through the date
of the search.
36.
DHSHQ assigned the request tracking number 2017-HQFO-00590.
37.
CBP assigned the request a tracking number ending in the numerical sequence
2017-044167.
38.
DHSHQ has not responded to American Oversight’s request for expedited
processing.
39.
Neither DHSHQ nor CBP has made a determination as to American Oversight’s
FOIA request.
DHS Tohono Analysis FOIA
40.
On March 29, 2017, American Oversight submitted a FOIA request to DHSHQ
and CBP bearing internal tracking number DHS-17-0055 seeking access to the following records
on an expedited basis:
All analyses, memoranda, or reports regarding sovereign tribal land
and the construction of a contiguous wall, fence, or other physical
barrier along the U.S.-Mexico border.
American Oversight requested all responsive records from November 8, 2016, through the date
of the search.
41.
DHSHQ assigned the request tracking number 2017-HQFO-00591.
42.
CBP assigned the request a tracking number ending in the numerical sequence
2017-044168.
43.
Neither DHSHQ nor CBP has responded to American Oversight’s request for
expedited processing.
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44.
DHS informed American Oversight that, under authority granted by FOIA, the
agency was invoking a ten-day extension to make a determination regarding the request.
45.
Neither DHSHQ nor CBP has determination as to American Oversight’s FOIA
request.
DOI Tohono Communications and Analysis FOIA
46.
On March 29, 2017, American Oversight submitted a FOIA request to BLM
bearing internal tracking number DOI-17-0052 seeking access to the following records on an
expedited basis:
1) All communications, correspondence, meeting notices, meeting
agendas, informational materials, talking points, or other
materials exchanged between or used in discussions with the
Tohono O’odham Nation, including but not limited to any
lobbyist, lawyer, or other representative contacting DOI on the
tribe’s behalf, and DOI.
2) All communications, email, correspondence, meeting notices,
meeting agendas, informational materials, talking points, or
other materials exchanged between the Department of
Homeland Security, including any of its component agencies,
and DOI regarding the Tohono O’odham Nation.
3) All analyses, memoranda, or reports regarding sovereign tribal
land and the construction of a contiguous wall, fence, or other
physical barrier along the U.S.-Mexico border.
American Oversight requested all responsive records from November 8, 2016, through the date
of the search.
47.
American Oversight has not received any further communication from BLM
regarding this FOIA request. American Oversight has not received any communication from
BLM acknowledging receipt of this FOIA request or providing American Oversight with an
agency tracking number for this FOIA request.
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48.
American Oversight has not received any response from BLM regarding
American Oversight’s request for expedited processing of this FOIA request.
49.
BLM has not made a determination as to American Oversight’s FOIA request.
Budget Requests
OMB Budget I FOIA
50.
On April 25, 2017, American Oversight submitted a FOIA request to OMB
bearing internal tracking number OMB-17-0112 seeking access to the following records on an
expedited basis:
All communications with Congress, including any member of
Congress or congressional staff, regarding the inclusion of border
funding or wall funding in any congressional resolutions or bills to
extend government funding beyond April 28, 2017. Please include
all communications concerning any negotiations related to the
inclusion of border funding or wall funding in such resolutions or
bills, as well as any consideration offered in exchange for the
inclusion of such funding.
The search for responsive records should include individuals and
locations where records are likely to exist, including but not limited
to: Mick Mulvaney, the Office of the Director, the Office of the
Deputy Director, the Office of Legislative Affairs, the General
Government Programs (GGP) component of the Resource
Management Offices (or any such successor component in a
restructured Trump administration OMB), and the Homeland
Security Branch of GGP (or any such successor component in a
restructured Trump administration OMB), as well as any other
office engaged in negotiations or communications over extending
government funding beyond April 28, 2017.
American Oversight requested all responsive records from January 20, 2017, through the date of
the search.
51.
OMB assigned the request tracking number 2017-183.
52.
OMB denied American Oversight’s request for expedited processing under
5 C.F.R. § 1303.10(d)(1)(ii), (iv).
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53.
OMB has not made a determination as to American Oversight’s FOIA request.
OMB Budget II FOIA
54.
On May 3, 2017, American Oversight submitted a FOIA request to OMB bearing
internal tracking number OMB-17-0119 seeking access to the following records on an expedited
basis:
All communications with Congress, including any member of
Congress or congressional staff, regarding the inclusion of border
funding or wall funding in any congressional resolutions or bills to
extend government funding for any period between April 28, 2017,
and September 30, 2017. Please include all communications
concerning any negotiations related to the inclusion of border
funding or wall funding in such resolutions or bills, as well as any
consideration offered in exchange for the inclusion of such funding.
The search for responsive records should include individuals and
locations where records are likely to exist, including but not limited
to: Mick Mulvaney, the Office of the Director, the Office of the
Deputy Director, the Office of Legislative Affairs, the General
Government Programs (GGP) component of the Resource
Management Offices (or any such successor component in a
restructured Trump administration OMB), and the Homeland
Security Branch of GGP (or any such successor component in a
restructured Trump administration OMB), as well as any other
office engaged in negotiations or communications over extending
government funding for any period between April 28, 2017, and
September 30, 2017.
American Oversight requested all responsive records from January 20, 2017, through the date of
the search.
55.
OMB assigned the request tracking number 2017-200.
56.
OMB has not responded to American Oversight’s request for expedited
processing.
57.
OMB has not made a determination as to American Oversight’s FOIA request.
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DHSHQ Budget FOIA
58.
On May 3, 2017, American Oversight submitted a FOIA request to DHSHQ
bearing internal tracking number DHS-17-0121 seeking access to the following records on an
expedited basis:
1) All guidance from the Chief Financial Officer or Office of
General Counsel regarding the availability of appropriated funds
or how to use appropriated funds for construction of a wall,
fence, or other physical or virtual barrier along the U.S.-Mexico
border in compliance with any riders in the Consolidated
Appropriations Act, 2017.
2) All communications with Congress, including any member of
Congress or congressional staff, regarding the inclusion of
funding for construction of a wall, fence, or other physical or
virtual barrier along the U.S.-Mexico in any congressional
resolutions or bills.
The search for responsive records should include individuals and
locations where records are likely to exist, including but not
limited to: John Kelly, the Office of the Secretary, the Chief of
Staff, Elaine Duke, the Office of the Deputy Secretary, the
Office of Policy, the Office of Legislative Affairs, and the
Management Directorate.
American Oversight requested all responsive records from January 20, 2017, through the date of
the search.
59.
DHSHQ assigned the request tracking number 2017-HQFO-00728.
60.
DHSHQ granted expedited processing as requested under 6 C.F.R.
§ 5.5(e)(1)(ii), (iv).
61.
DHSHQ informed American Oversight that, under authority granted by FOIA, the
agency was invoking a ten-day extension to make a determination regarding the request.
62.
DHSHQ has not made a determination as to American Oversight’s FOIA request.
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CBP Budget FOIA
63.
On May 3, 2017, American Oversight submitted a FOIA request to CBP bearing
internal tracking number DHS-CBP-17-0122 seeking access to the following records on an
expedited basis:
1) All communications with representatives of the National Border
Patrol Council (NBPC) union—including, but not limited to:
members of the NPBC Executive Committee: Brandon Judd,
Paul Perez, Eric Sparkman, Albert Trevino, Art Del Cueto, Mike
Egerton, Jon Anfinsen, Hector Garza, Chris Kraus, Rob Russell,
and Bud Tuffy; and any locals, including 1613 (San Diego),
1929 (El Paso), 2366 (Del Rio), 2455 (Laredo), 2509 (Big
Bend), 2544 (Tucson), 2554 (El Centro), 2595 (Yuma), and
3307 (Rio Grande Valley)—regarding the availability of funds
for the construction of a wall, fence, or other physical or virtual
barrier along the U.S.-Mexico border, or regarding the views of
the union or union members on the desirability or effectiveness
of such a wall, fence, or other barrier.
2) All communications with Congress, including any member of
Congress or congressional staff, regarding the inclusion of
funding for construction of a wall, fence, or other physical or
virtual barrier along the U.S.-Mexico in any congressional
resolutions or bills.
The search for responsive records should include individuals and
locations where records are likely to exist, including but not
limited to: the Office of the Commissioner, including the
Commissioner, Chief of Staff, Deputy Chief of Staff, and
Deputy Chief of Staff—Policy; the Office of the Deputy
Commissioner, including the Deputy Commissioner and the
Deputy Commissioner’s Chief of Staff; the Office of
Congressional Affairs, including the Assistant Commissioner
for Congressional Affairs; the U.S. Border Patrol, including the
Office of the Chief, and the following sectors: San Diego, El
Centro, Yuma, Tucson, El Paso, Big Bend, Del Rio, Laredo, and
Rio Grande Valley.
American Oversight requested all responsive records from January 20, 2017, through the date of
the search.
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64.
CBP assigned the request a tracking number ending in the numerical sequence
2017-054207.
65.
DHSHQ informed American Oversight that CBP had routed the request to
DHSHQ in light of DHSHQ’s coordinating role.
66.
DHSHQ assigned the request tracking number 2017-HQFO-00918.
67.
DHSHQ granted expedited processing as requested under 6 C.F.R.
§ 5.5(e)(1)(ii), (iv).
68.
DHSHQ informed American Oversight that, under authority granted by FOIA, the
agency was invoking a ten-day extension to make a determination regarding the request.
69.
Neither DHSHQ nor CBP has made a determination as to American Oversight’s
FOIA request.
Secretary Kelly Hearing FOIA
70.
On April 5, 2017, American Oversight submitted a FOIA request to DHSHQ
bearing internal tracking number DHS-17-0076 seeking access to the following records on an
expedited basis:
1) Any communications with non-government entities or parties
relating to the “requirements analysis” to seek input from DHS
field agents.
2) Any briefing materials prepared for Mr. Kelly regarding his
February 1, 2017, visit to McAllen, Texas.
3) Any communications between Mr. Kelly, or anyone acting on
his behalf, with President Enrique Peña Nieto, or anyone acting
on his behalf, concerning the wall, fence, or other physical or
virtual barrier, and who will pay for it.
4) Any materials prepared for Mr. Kelly regarding the Tohono
O’odham Nation as it relates to construction of a wall, fence, or
other physical or virtual barrier on Tohono land.
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5) Any communications from Mr. Kelly relating to the length of
any proposed or planned physical barrier along the U.S.-Mexico
border. Materials responsive to this request would include, but
are not limited to, emails from Mr. Kelly stating that the wall
will not be the entire length of the border.
6) Any recommendations to or final decisions of Mr. Kelly
regarding the laws that will or will not be waived under Section
102 of the REAL ID Act.
American Oversight requested all responsive records from January 20, 2017, through the date of
the search.
71.
DHSHQ assigned the request tracking number 2017-HQFO-00618.
72.
DHSHQ granted expedited processing as requested under 6 C.F.R. § 5.5(e)(1)(iv).
73.
DHSHQ informed American Oversight that, under authority granted by FOIA, the
agency was invoking a ten-day extension to make a determination regarding the request.
74.
DHSHQ has not made a determination as to American Oversight’s FOIA request.
Agency Inaction
75.
As of the date of this Complaint, Defendants have failed to (i) notify American
Oversight of any determination regarding the requests, including the scope of any responsive
records Defendants intend to produce or withhold and the reasons for any withholdings; or (ii)
produce the requested records or demonstrate that the requested records are lawfully exempt
from production.
76.
Through Defendants’ failure to respond to American Oversight’s FOIA request
within the time period required by law, American Oversight has constructively exhausted its
administrative remedies and seeks immediate judicial review.
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COUNT I
Violation of FOIA, 5 U.S.C. § 552
Failure to Conduct Adequate Search for Records
77.
American Oversight repeats the allegations in the foregoing paragraphs and
incorporates them as though fully set forth herein.
78.
American Oversight properly requested records within the possession, custody,
and control of the Defendants.
79.
Defendants are agencies and a component thereof subject to FOIA and must
therefore make reasonable efforts to search for requested records.
80.
Defendants have failed to promptly review agency records for the purpose of
locating those records which are responsive to American Oversight’s request.
81.
Defendants’ failure to conduct an adequate search for responsive records violates
82.
Plaintiff American Oversight is therefore entitled to injunctive and declaratory
FOIA.
relief requiring Defendants to promptly make reasonable efforts to search for records responsive
to American Oversight’s FOIA request.
COUNT II
Violation of FOIA, 5 U.S.C. § 552
Wrongful Withholding of Non-Exempt Records
83.
American Oversight repeats the allegations in the foregoing paragraphs and
incorporates them as though fully set forth herein.
84.
American Oversight properly requested records within the possession, custody,
and control of the Defendants.
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85.
Defendants are agencies and a component thereof subject to FOIA and must
therefore release in response to a FOIA requests any disclosable records and provide a lawful
reason for withholding any materials.
86.
Defendants are wrongfully withholding agency records requested by American
Oversight by failing to produce records responsive to its FOIA request.
87.
Defendants’ failure to provide all responsive records violates FOIA.
88.
Plaintiff American Oversight is therefore entitled to injunctive and declaratory
relief requiring Defendants to promptly produce all non-exempt records responsive to its FOIA
request and provide indexes justifying the withholding of any responsive records withheld under
claim of exemption.
REQUESTED RELIEF
WHEREFORE, American Oversight respectfully requests the Court to:
(1) Order Defendants to conduct a search reasonably calculated to uncover all records
responsive to American Oversight’s FOIA requests identified in this Complaint;
(2) Order Defendants to produce, by such a date as the Court deems appropriate, any and
all non-exempt records responsive to American Oversight’s FOIA requests and
indexes justifying the withholding of any responsive records withheld under claim of
exemption;
(3) Enjoin Defendants from continuing to withhold any and all non-exempt records
responsive to American Oversight’s FOIA request;
(4) Award American Oversight attorneys’ fees and other litigation costs reasonably
incurred in this action, pursuant to 5 U.S.C. § 552(a)(4)(E); and
(5) Grant American Oversight such other relief as the Court deems just and proper.
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Dated: June 16, 2017
Respectfully submitted,
/s/ Cerissa Cafasso
Cerissa Cafasso
D.C. Bar No. 1011003
John E. Bies
D.C. Bar No. 483730
AMERICAN OVERSIGHT
1030 15th Street NW, B255
Washington, DC 20005
(202) 869-5246
cerissa.cafasso@americanoversight.org
john.bies@americanoversight.org
Counsel for Plaintiff
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