Judicial Watch, Inc. v. Kerry

156 F. Supp. 3d 69, 2016 WL 126349
CourtDistrict Court, District of Columbia
DecidedJanuary 11, 2016
DocketCivil Action No. 2015-0785
StatusPublished
Cited by11 cases

This text of 156 F. Supp. 3d 69 (Judicial Watch, Inc. v. Kerry) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Judicial Watch, Inc. v. Kerry, 156 F. Supp. 3d 69, 2016 WL 126349 (D.D.C. 2016).

Opinion

MEMORANDUM OPINION

JAMES E. BOASBERG, United States District Judge

It would be understatement to note that email communications involving Hillary Clinton as Secretary of State have generated controversy. In fact, dozens of suits have been filed in the federal courthouse here invoking the Freedom of Information Act to compel release of certain emails. The current consolidated cases, however, offer a variation on this theme. Instead of relying on FOIA, these actions by Judicial Watch and Cause of Action Institute invoke the Federal Records Act.

The question here is whether the heads of the State Department and the National Archives and Records Administration-Defendants in these suits — have complied with the FRA in their management of federal records that include the Clinton emails. While the government’s actions and the emails themselves have become a political lightning rod, feeding an insatiable media appetite, the legal issues presented by these cases are relatively straightforward — not least because a plaintiffs right to sue under the FRA is fairly limited. Given the steps the government has taken to recover the emails, the Court concludes that Plaintiffs’ claims are now moot and will be dismissed for lack of subject-matter jurisdiction.

I. Background

Judicial Watch, which describes itself as a non-profit “educational organization ... [that] seeks to promote transparency, accountability, and integrity in government and fidelity to the rule of law,” routinely requests records from federal agencies under the Freedom of Information Act. See JW Compl., ¶ 3. Following various New York Times articles in early 2015 reporting that former Secretary Clinton had “used at least one non-‘state.gov’ email account to conduct official government business,” and that she had stored those emails “on a server at her home in Chappaqua, New York,” Judicial Watch became concerned that federal records had been unlawfully removed from the State Department. Id., ¶ 5. It thus filed this suit in May 2015. The gravamen of its Complaint is that “the State Department’s failure to retain, manage, and search these agency records” violates the FRA, which violation cannot be remedied “unless and until [current Secretary of State John] Kerry ... initiates action through the attorney general to recover the Clinton emails.” Id., ¶¶ 7, 29. Judicial Watch therefore seeks declaratory *72 and injunctive relief under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., to require such action. See id., ¶¶ 20-29.

Jumping on the bandwagon, plaintiff Cause of Action Institute (CAI) brought a similar lawsuit two months later against both Kerry and the Archivist of the United States, David Ferriero, in their official capacities. See CAI Compl., ¶ 1. “Concerned that Clinton had violated the Federal Records Act by using a private email account on a private server to conduct government business,” CAI and several other government oversight groups wrote to Defendants on March 17, 2015, to convey the view that it was ‘“of the utmost importance that all of former Secretary Clinton’s emails are properly preserved and transferred back to the State Department.’” Id., ¶ 9 & Exh. 1. As a result of these allegedly missing emails, CAI’s suit maintains that Defendants “should have carried out their non-discretionary statutory duty to initiate legal action to recover all federal records in Clinton [sic] possession and unlawfully removed from the State Department, and to notify Congress that such action is being taken,” and that their failure to do so violates the FRA. Id., ¶¶ 16-17. In addition to mirroring Judicial Watch’s request for injunctive and declaratory relief, CAI also asks the Court to issue a writ of mandamus ordering Defendants to comply with the FRA “by initiating legal action against Clinton through the Attorney General.” Id., ¶ 68. Both Plaintiffs invoke the APA provision permitting courts to “compel agency action unlawfully withheld or unreasonably delayed” as the basis for the relief they seek. See 5 U.S.C. § 706(1).

Defendants subsequently moved to consolidate these two actions, since “both cases arise out of former Secretary of State Clinton’s use of emails stored on her personal server in the course of her government duties, and both cases seek court orders directing defendants to take action-to recover these emails pursuant to the FRA.” Mot. to Consol., ¶ 3. In light of the propinquity of the two suits, the Court granted the Motion. See Minute Order of August 4, 2015. Defendants have now moved to dismiss.

II. Legal Standard

In evaluating Defendants’ Motion to Dismiss, the Court must “treat the complaint’s factual allegations as true ... and must grant plaintiff ’the benefit of all inferences that can be derived from the facts alleged.’” Sparrow v. United Air Lines, Inc., 216 F.3d 1111, 1113 (D.C.Cir.2000) (quoting Schuler v. United States, 617 F.2d 605, 608 (D.C.Cir.1979)) (internal citation omitted); see also Jerome Stevens Pharms., Inc. v. FDA, 402 F.3d 1249, 1253 (D.C.Cir.2005). This standard governs the Court’s considerations of Defendants’ contentions under both Fed. R. Civ. P. 12(b)(1) and 12(b)(6). See Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (“[I]n passing on a motion to dismiss, whether on the ground of lack of jurisdiction over the subject matter or for failure to state a cause of action, the allegations of the complaint should be construed favorably to the pleader.”); Walker v. Jones, 733 F.2d 923, 925-26 (D.C.Cir.1984) (same). The Court need not accept as true, however, “a legal conclusion couched as a factual allegation,” nor an inference unsupported by the facts set forth in the Complaint. Trudeau v. Fed. Trade Comm’n, 456 F.3d 178, 193 (D.C.Cir.2006).

To survive a motion to dismiss under Rule 12(b)(1), a plaintiff bears the burden of proving that the Court has subject-matter jurisdiction to hear its claims. See DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 342 & n. 3, 126 S.Ct. 1854, 164 L.Ed.2d 589 (2006); Arpaio v. Obama, 797 *73 F.3d 11, 19 (D.C.Cir.2015). A court has an “affirmative obligation to ensure that it is acting within the scope of its jurisdictional authority.” Grand Lodge of Fraternal Order of Police v. Ashcroft, 185 F.Supp.2d 9, 13 (D.D.C.2001). For this reason, “‘the [plaintiff’s factual allegations in the complaint ...

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Bluebook (online)
156 F. Supp. 3d 69, 2016 WL 126349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/judicial-watch-inc-v-kerry-dcd-2016.