UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Civil Action No. 1:18-cv-01868
ASSASSINATION ARCHIVES AND RESEARCH CENTER, INC.
Silver Spring, MD 20910
Plaintiff,
v.
DEPARTMENT OF JUSTICE
950 Pennsylvania Avenue, NW
Washington, DC 20530,
Defendant.
COMPLAINT
Plaintiff Assassination Archives and Research Center, Inc. brings this action against
Defendant Department of Justice pursuant to the Freedom of Information Act, 5 U.S.C. § 552, et
seq., as amended (“FOIA”), the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, and the
All Writs Act, 28 U.S.C. § 1651.
1. This Court has both subject matter jurisdiction over this action and personal
jurisdiction over Defendant pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1331.
2. Venue is appropriate under 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1391.
3. Plaintiff Assassination Archives and Research Center, Inc. (“AARC”) is a non
profit tax-exempt business incorporated in the state of Maryland.
U.S.C. § 552(e), and is in possession and/or control of the records requested by AARC which are
the subject of this action.
(“OIP”) are DOJ components.
6. On 2 July 2009, FBI revealed that it possessed seven boxes of indices of pre-1960
electronic surveillance activities (“ELSUR indices”) in a sworn declaration filed in the FOIA
case Lardner v. FBI, No. 03-874 (D.D.C.).
indices (“the 1st Request”) via U.S. Postal Service Certified Mail.
granted a public interest fee waiver.
it Request No. 1139342-000.
fee waiver requests.
18,000 pages of potentially responsive records.
identified records were dated after 1960. FBI stated that AARC must commit to pay $540 or
agree to reduce the scope of the request within thirty days or the request would be closed.
Request.
denials with OIP.
above.
ELSUR indices via U.S. Postal Service Certified Mail.
some of the materials in these seven boxes concern post-1960 surveillances, rather than pre-1960
surveillances.”
1960 surveillance . . . [and] all tapes, transcripts, logs and other materials related to said
surveillance, including surveillance applications, affidavits, testimony, authorizations and
warrants” (“the 2d Request”).
granted a public interest fee waiver.
Request on 10 September 2012, and it was sent to the Dead Mail Office, where it was disposed
of.
2d Request, wrote to FBI: “I would like to know the identities of all members of your staff who
were aware of or participated in this denial of rights, and I ask that you take disciplinary action
against them. Please place [this] request in a processing queue in accordance with the priority it
would have received had you accepted delivery of it in September 2012.”
is no legal basis for the denial by FBI of said right.
25. AARC repeats and realleges the allegations contained in all paragraphs set forth
above.
about the processing of the 1st Request.
voluminous, we do not anticipate the assessment of any fees, but should you conclude that fees
are appropriate, please inform me and we will address that issue at that time.”
Request No. 1386188-000.
this writing.
is no legal basis for the denial by FBI of said right.
31. AARC repeats and realleges the allegations contained in all paragraphs set forth
above.
related to the 2d Request.
requested “all information about the aforementioned sequence of events and all information
about any actions FBI took in response to [AARC’s counsel’s] 10 April 2013 letter.”
System] about the request itself, all emails or records not in that system discussing the request,
and all records, regardless of location, discussing any disciplinary actions considered or taken by
FBI regarding this sequence of events, as well as any similar records discussing this matter (such
as, for example, an email or memo inquiring into the reasons for the refusal, or an email or
memo stating that no response will be issued).”
voluminous, we do not anticipate the assessment of any fees, but should you conclude that fees
are appropriate, please inform me and we will address that issue at that time.”
Request No. 1386440-000, stating that it had been “unable to identify any main file records [in
the Central Records System] responsive to [this] request.”
surprise that the responsive records about what the FBI Mail Room did about a FOIA request is
not in the Central Records System, and it is ludicrous for FBI to only search that system,” which
was assigned Appeal No. DOJ-AP-2018-000176.
previously sent to [it] was in error.”
processing [its] request” and closed the appeal.
this writing.
is no legal basis for the denial by FBI of said right.
WHEREFORE, Plaintiff Assassination Archives and Research Center, Inc. prays that this
Court:
(1) Order the Federal Bureau of Investigation to provide all responsive records to it;
(2) Issue a written finding that the circumstances surrounding the failure to respond
to the 2d Request raise questions whether agency personnel acted arbitrarily or capriciously;
(3) Order preliminary and permanent injunctive and/or declaratory relief as may be
appropriate;
(4) Award reasonable costs and attorneys’ fees as provided in 5 U.S.C. §
552(a)(4)(E) or any other applicable law;
(5) Expedite this action in every way pursuant to 28 U.S.C. § 1657(a); and
(6) Grant such other relief as the Court may deem just and proper.
Respectfully submitted,/s/ Kelly B. McClanahan
Counsel for Plaintiff