2its public interest mission, Judicial Watch regularly requests access to public records of federal,state, and local government agencies and officials and disseminates its findings to the public.4. Defendant is an agency of the U.S. Government and is headquartered at 950Pennsylvania Avenue, NW, Washington, DC 20530-0001. Defendant has possession, custody,and control of records to which Plaintiff seeks access.
STATEMENT OF FACTS
5. On June 22, 2012, Plaintiff submitted a FOIA request to the Office of InformationPolicy
, a component of Defendant, seeking access to copies of:All records subject to the claim of executive privilege invoked byPresident Barack Obama on or about June 20, 2012, as referenced inthe letter of Deputy Attorney General James M. Cole to theHonorable Darrell E. Issa, Chairman, Committee on Oversight andGovernment Reform of the U.S. House of Representatives, datedJune 20, 2012. More specifically, the records requested herein arethose records described by Deputy Attorney General Cole in hisJune 20,
2012 letter as “the relevant post
uments” over which “the President has asserted executive privilege.”
6. By letter dated August 6, 2012, OIP informed Plaintiff that the Offices of theAttorney General and Deputy Attorney General had determined that the documents responsive to
s FOIA request should be withheld in full pursuant to FOIA Exemption 5. In addition,the
OIP stated that the documents are protected by the President’s assertion of Executive Privilege.
Moreover, the OIP informed Plaintiff of its right to file an administrative appeal within 60 days.The
August 6, 2012 letter however did not indicate that the OIP had conducted a search forresponsive records. Nor did it state how many responsive records were being withheld fromPlaintiff.7. By letter dated August 7, 2012, Plaintiff sent a timely administrative appeal of the
OIP’s final determination.
Case 1:12-cv-01510 Document 1 Filed 09/12/12 Page 2 of 4