Case 1:17-cv-00815-BAH Document 1 Filed 05/02/17 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

)

THE PROTECT DEMOCRACY PROJECT, )

INC., 2020 Pennsylvania Avenue, NW, #163, )

Washington, DC 20006

)

)

Plaintiff,

)

) Civil Action No.

v.

)

)

THE DEPARTMENT OF JUSTICE, 950 )

Pennsylvania Avenue, NW, Washington, DC )

20530-0001

)

)

Defendant.

)

)

COMPLAINT

Plaintiff The Protect Democracy Project, Inc. brings this action against Defendant U.S.

Department of Justice to compel compliance with the Freedom of Information Act (FOIA), 5

U.S.C. § 552. 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 5 U.S.C. § 552(a)(4)(B).

PARTIES

3. Plaintiff The Protect Democracy Project, Inc. is an organization awaiting

501(c)(3) status, incorporated under the laws of the District of Columbia, and headquartered at

2020 Pennsylvania Avenue, NW, #163, Washington, DC 20006. Plaintiff’s mission is to protect

our democracy from descending into a more autocratic form of government by preventing those

in power from depriving Americans of a free, fair, and fully-informed opportunity to exercise

Case 1:17-cv-00815-BAH Document 1 Filed 05/02/17 Page 2 of 5
ultimate sovereignty. As part of this mission, Plaintiff seeks to inform public understanding of
operations and activities of the government by gathering and disseminating information that is
likely to contribute significantly to the public understanding of executive branch operations and
activities. Plaintiff regularly requests such information pursuant to FOIA. Plaintiff intends to
give the public access to documents transmitted via FOIA on its website,
www.protectdemocracy.org, and to provide information about and analysis of those documents
as appropriate.
4. Defendant U.S. Department of Justice an agency of the executive branch of the
federal government of the United States. Defendant is headquartered at 950 Pennsylvania
Avenue, NW, Washington, DC 20530-0001. Defendant has possession, custody, and control of
the documents that Plaintiff seeks in response to its FOIA request.
STATEMENT OF FACTS
5. On February 15, 2017, Plaintiff sent a FOIA request to Defendant seeking the
following records:
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, The Protect Democracy Project hereby requests that your office produce within 20 business days the following records (see below for clarity on the types of records sought):
1) Any and all records created between January 20, 2017 and the present date indicating that Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” was reviewed by the Department of Justice prior to the Order’s issuance on January 27, 2017.
2) Any and all records created between January 20, 2017 and the present date transmitting Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” to the Department of Justice for review, comment, or awareness.
3) Any and all records created between January 20, 2017 and the present date related to the decision to seek or not seek input from the Department of Justice on the creation or implementation of Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States.” 2

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4) Any and all records created between January 20, 2017 and the present date related to the process for obtaining Department of Justice review of Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States.”
5) Any and all records created between January 20, 2017 and the present date indicating that Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” was reviewed by any other federal agency personnel prior to the Order’s issuance on January 27, 2017.
See Exhibit A (FOIA request). 6. Plaintiff also requested a fee waiver pursuant to 5 U.S.C. § 552(a)(4)(A)(iii) or 5
U.S.C. § 552(a)(4)(A)(ii)(II). See Exhibit A. 7. On February 27, 2017, Plaintiff received a letter from Defendant’s Executive
Office for Immigration Review stating that no responsive records were located and closing the review.
8. On March 1, 2017, Plaintiff’s representative, Caroline McKay, and Defendant’s representative, Doug Hibbard, in the Office of Information Policy, held a conversation to clarify areas of the request and redirect it from the Office of Information Policy to the likely location of the requested records, Defendant’s Office of Legal Counsel. On March 2, 2017, Plaintiff received a letter from Defendant’s Office of Information Policy, confirming that Defendant forwarded the request to the Office of Legal Counsel. See Exhibit B.
9. On March 31, 2018, Defendant’s Office of Legal Counsel wrote to Plaintiff to acknowledge receipt of the request and assign it a tracking number. Defendant also stated that it would “will be unable to comply with the statutory deadline for responding to your request.” See Exhibit C.
10. On April 19, 2017, Plaintiff’s counsel, Allison F. Murphy, sought to determine the status of the response from the Defendant’s Office of Legal Counsel FOIA Officer, but
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Defendant was unable to provide an estimate of when responsive records, if any, would be forthcoming to Plaintiff.
10. Pursuant to FOIA, within 20 business days of receipt of Plaintiff’s request – that is, by March 16, 2017 – Defendant was required to “determine . . . whether to comply with such request” and to “immediately notify” Plaintiff of “such determination and the reasons therefor,” Plaintiff’s right “to seek assistance from the FOIA Public Liaison of the agency,” and, in the case of an adverse determination, Plaintiff’s appeal rights. 5 U.S.C. § 552(a)(6)(A)(i).
11. To date, Defendant has failed to make the required determination and notifications. Nor has Defendant made a determination regarding Plaintiff’s request for a fee waiver.
COUNT I (Violation of FOIA, 5 U.S.C. § 552) 12. Plaintiff re-alleges and incorporates by reference all preceding paragraphs. 13. Defendant is in violation of FOIA by failing to respond to Plaintiff’s request within the statutorily prescribed time limit and by unlawfully withholding records responsive to Plaintiff’s request.
PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that the Court: (1) Order Defendant, by a date certain, to conduct a search that is reasonably likely to lead to the discovery of any and all records responsive to Plaintiff’s request; (2) Order Defendant, by a date certain, to demonstrate that it has conducted an adequate search; (3) Order Defendant, by a date certain, to produce to Plaintiff any and all non-exempt
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records or portions of records responsive to Plaintiff’s request, as well as a Vaughn index of any records or portions of records withheld due to a claim of exemption;
(4) Enjoin Defendant from improperly withholding records responsive to Plaintiff’s request;
(5) Order Defendant to grant Plaintiff’s request for a fee waiver; (6) Grant Plaintiff an award of attorney fees and other reasonable litigation costs pursuant to 5 U.S.C. § 552(a)(4)(E); (7) Grant Plaintiff such other relief as the Court deems appropriate.

Date: May 2, 2017

/s/ Allison F. Murphy Allison F. Murphy (DC Bar No. 975494) Counsel, The Protect Democracy Project, Inc. 2020 Pennsylvania Ave., NW #163 Washington, DC 20006 Allison.Murphy@protectdemocracy.org Phone: 202-599-0466 Fax: 929-777-8428
Counsel for Plaintiff

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 Case 1:17-cv-00815-BAH Document 1-1 Filed 05/02/17 Page 1 of 4
February 15, 2017
Laurie Day Chief, Initial Request Staff Suite 11050 1425 New York Avenue, NW Washington, DC 20530-0001 (202) 514-3642 (P) (202) 514-1009 (F)
Re: Freedom of Information Act Request
Dear Official:
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, The Protect Democracy Project hereby requests that your office produce within 20 business days the following records (see below for clarity on the types of records sought):
1) Any and all records created between January 20, 2017 and the present date indicating that Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” was reviewed by the Department of Justice prior to the Order’s issuance on January 27, 2017.
2) Any and all records created between January 20, 2017 and the present date transmitting Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” to the Department of Justice for review, comment, or awareness.
3) Any and all records created between January 20, 2017 and the present date related to the decision to seek or not seek input from the Department of Justice on the creation or implementation of Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States.”
4) Any and all records created between January 20, 2017 and the present date related to the process for obtaining Department of Justice review of Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States.”
5) Any and all records created between January 20, 2017 and the present date indicating that Executive Order 13769, “Protecting the Nation From Foreign
PO Box 170521, Brooklyn, New York 11217 FOIA.protectdemocracy@gmail.com

Case 1:17-cv-00815-BAH Document 1-1 Filed 05/02/17 Page 2 of 4
Terrorist Entry Into the United States” was reviewed by any other federal agency personnel prior to the Order’s issuance on January 27, 2017.
FEE WAIVER FOIA provides that a waiver of fees associated with a request is waived if “disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C 552(1)(4)(A)(iii). The core mission of The Protect Democracy Project, a new organization awaiting 501(c)(3) status, is to inform public understanding on operations and activities of the government. This request is submitted in consort with the organization’s mission to gather and dissimilate information that is likely to contribute significantly to the public understanding of executive branch operations and activities. The Protect Democracy Project has no commercial interest, and releasing the contents of the requested documents for public consumption is not in the financial interest of the organization. In addition to satisfying requirements for a waiver of fees associated with the search and processing of records, The Protect Democracy Project is entitled to a waiver in duplication costs. Federal law mandates a waiver of document duplication costs for requesters that qualify as a representative of the news media. The Protect Democracy Project, a new organization formed in December 2016, emerges in the tradition of 501(c)(3) good government organizations that qualify under FOIA as “news media organizations.” Like these organizations, the purpose of The Protect Democracy Project is to “gather information of potential interest to a segment of the public, use its editorial skills to turn the raw materials into distinct work, and distribute that work to an audience.” Cf National Security Archive v. Department of Defense, 880 F.2d 1381, 1387 (D.C. Cir.
PO Box 170521, Brooklyn, New York 11217 FOIA.protectdemocracy@gmail.com

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1989). We intend to give the public access to documents transmitted via FOIA on our forthcoming website, www.protectdemocracyproject.org.
RESPONSIVE RECORDS We ask that all types of records and all record systems be searched to discover records responsive to our request. We seek records in all medium and format. This includes, but is not limited to: agendas, manifests, calendars, schedules, notes, and any prepared documentation for meetings, calls, tele-conferences, or otherwise discussions responsive to our request; voicemails; e-mails; e-mail attachments; talking points; faxes; facsimiles; training documents and guides; table of contents and content of binders; documents pertaining to instruction and coordination of couriers; and any other preservation of work product. We ask that you search all system of record, including electronic, in use at your agency. The Protect Democracy Project would prefer records in electronic format, saved as PDF documents, and transmitted via email or CD-rom. If you make a determination that any responsive record, or any segment within a record, is exempt from disclosure, we ask that you provide an index of those records at the time you transmit all other responsive records. In the index, please include a description of the record and the reason for exclusion with respect to each individual exempt record or exempt portion of a record, as provided by Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). When you deem a portion of a record exempt, we ask for the remainder of the record to be provided. 5 U.S.C. 552(b). Given the 20-day statutory deadline, we hope to be as helpful as possible in clarifying or answering questions about our request. Please contact us at FOIA.protectdemocracy@gmail.com or (404) 819-1630 if you require any additional
PO Box 170521, Brooklyn, New York 11217 FOIA.protectdemocracy@gmail.com

Case 1:17-cv-00815-BAH Document 1-1 Filed 05/02/17 Page 4 of 4 information. We appreciate your cooperation, and look forward to hearing from you very soon. Sincerely, Ian Bassin Executive Director The Protect Democracy Project
PO Box 170521, Brooklyn, New York 11217 FOIA.protectdemocracy@gmail.com

 
 Case: 1:17-cv-815 As of: 06/15/2017 02:30 PM EDT 1 of 2
CONSOL,TYPE I−FOIA
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:17−cv−00815−BAH

PROTECT DEMOCRACY PROJECT, INC. v. DEPARTMENT Date Filed: 05/02/2017

OF JUSTICE

Jury Demand: None

Assigned to: Chief Judge Beryl A. Howell

Nature of Suit: 895 Freedom of

Case: 1:17−cv−00814−APM

Information Act

Cause: 05:552 Freedom of Information Act

Jurisdiction: U.S. Government Defendant

Plaintiff

PROTECT DEMOCRACY PROJECT, INC.

represented by Allison F. Murphy PROJECT DEMOCRACY PROJECT 2020 Pennsylvania Avenue #163 Washington, DC 20006 (202) 599−0466 Email: allison.murphy@protectdemocracy.org ATTORNEY TO BE NOTICED

V. Defendant DEPARTMENT OF JUSTICE

represented by Matthew Joseph Berns U.S. DEPARTMENT OF JUSTICE Civil Division 20 Massachusetts Avenue, NW Washington, DC 20001 (202) 616−8016 Fax: (202) 616−8470 Email: matthew.j.berns@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/02/2017
05/03/2017 05/03/2017 05/03/2017 05/03/2017
05/04/2017 05/13/2017
05/13/2017

# Docket Text
1 COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090−4937291) filed by PROTECT DEMOCRACY PROJECT, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons, # 6 Certificate Rule LCvR 7.1)(Murphy, Allison) (Entered: 05/03/2017)
2 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROTECT DEMOCRACY PROJECT, INC. (md) (Entered: 05/03/2017)
Case Assigned to Chief Judge Beryl A. Howell. (md) (Entered: 05/03/2017)
3 SUMMONS Issued Electronically as to DEPARTMENT OF JUSTICE. (Attachments: # 1 Notice of Consent) (md) (Entered: 05/03/2017)
SUMMONS Not Issued as to U.S. Attorney, U.S. Attorney General. (SUMMONS WERE NOT SUBMITTED AT THE TIME COMPLAINT WAS FILED) (md) (Entered: 05/03/2017)
4 STANDING ORDER. Signed by Chief Judge Beryl A. Howell on May 4, 2017. (lcbah2) (Entered: 05/04/2017)
5 REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC.. Related document: 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC..(Murphy, Allison) (Entered: 05/13/2017)
6 REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC.. Related document: 1 Complaint, filed by PROTECT

Case: 1:17-cv-815 As of: 06/15/2017 02:30 PM EDT 2 of 2

05/15/2017 06/02/2017
06/09/2017 06/09/2017 06/12/2017

DEMOCRACY PROJECT, INC..(Murphy, Allison) (Entered: 05/13/2017)
7 SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (znmw) (Entered: 05/15/2017)
8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/22/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 6/21/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/22/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 5/22/2017 (Murphy, Allison) (Main Document 8 replaced on 6/5/2017) (znmw). (Entered: 06/02/2017)
9 NOTICE of Appearance by Matthew Joseph Berns on behalf of DEPARTMENT OF JUSTICE (Berns, Matthew) (Entered: 06/09/2017)
10 NOTICE OF RELATED CASE by DEPARTMENT OF JUSTICE. Case related to Case No. 1:17−cv−00814. (Attachments: # 1 Copy of Unopposed Motion to Consolidate Related Cases (filed in 1:17−cv−00814))(Berns, Matthew) (Entered: 06/09/2017)
CASES CONSOLIDATED. Case 17−cv−814 and 17−cv−815 have been consolidated pursuant to Minute Order filed 6/12/17. From this date forward all pleadings shall be filed ONLY in lead case number 17−cv−814 APM. The parties are advised NOT to elect to SPREAD text when filing in ECF, as this will result in repetitive docketing and emails. (td) (Entered: 06/15/2017)