[VIDEO] The FBI Won’t Accept Your Emailed Freedom of Information Act Requests Anymore
Posted: March 2, 2017 Filed under: Law & Justice, Mediasphere, Politics, Think Tank, U.S. News | Tags: discrimination, Federal Bureau of Investigation, Freedom of Information Act (United States), Inspector General, Lamar S. Smith, President of the United States, Reason (magazine), Reason.tv, United States Department of Justice Leave a comment
The Federal Bureau of Investigation has stopped accepting Freedom of Information Act requests by email. The agency wants requesters to use fax, standard mail, or the agency’s online portal to make things on their end more efficient. But, FOIA advocates say this puts a lot of burden on the requester.
Hey millennial FOIA nuts: Time to familiarize yourselves with the concept of a paper jam.
“The goal seems to be ‘creating a lot of extra burden. Everyone is used to emails. It creates a permanent record. It has a time-stamp on it. Everyone knows how to use it’.”
— Adam Marshall, an attorney with the Reporters Committee for Freedom of the Press
The Federal Bureau of Investigation (FBI) has stopped accepting Freedom of Information Act (FOIA) requests by email. The agency wants requesters to use fax, standard mail, or the agency’s online portal, FBI eFOIPA.
The goal seems to be “creating a lot of extra burden,” says Adam Marshall, an attorney with the Reporters Committee for Freedom of the Press. “Everyone is used to emails. It creates a permanent record. It has a time-stamp on it. Everyone knows how to use it.”
The FBI says the move will help the agency expedite its backlog, which was estimated at 2,614 requests in 2015. Agency spokesperson Jillian Stickels told the Daily Caller that using an online portal will automate the processing of requests and “increase efficiency.”
But does the FBI really want to make the process more efficient? And its decision to continue accepting faxes and standard mail seems to only create headaches for requesters, who might run out of toner or have their transmission signal interrupted when someone picks up the line.
“Most mail that goes to a federal agency has to go through a screening process,” says Marshall. “Sometimes they irradiate it to make sure that there isn’t anthrax or other things in it […] So, it can take a long time for your mail to get from you to the FOIA officer who’s going to open it up and read it.” Yet the law says that the agency is required to provide a response to a FOIA request within 20 business days.
A beta version of the online portal required users to provide personal information about themselves and limited requests to one per day. The FBI backed away from these rules in response to public pressure from Muckrock and Senator Ron Wyden (D-Oregon), but the system still imposes a 3,000-character restriction. Also, the FBI says that not all types of requests can be fulfilled through the portal, though which types the agency won’t say.
There are other bureaucratic hurdles: The FBI has multiple computerized filing systems for documents. Typically, if a requester doesn’t specify which records system to search, the Bureau only queries its Central Records System (CRS) and then might fail to locate a document that it actually has on file. Marshall finds these multiple record systems “incredibly confusing” even though understanding them, he says, is part of his job. Read the rest of this entry »
Paul ‘Black Helicopters’ Krugman Speculates on an FBI Virtual ‘Alliance with Putin’
Posted: November 21, 2016 Filed under: Crime & Corruption, Law & Justice, Mediasphere, Politics, White House | Tags: Anthony Weiner, Bill Clinton, CNN, Democratic Party (United States), Donald Trump, Federal Bureau of Investigation, Freedom of Information Act (United States), Hillary Clinton, Hillary Clinton email controversy, Hillary Clinton presidential campaign, Huma Abedin, James Comey, Paranoia, propaganda, Twitter Leave a commentBob Bryan reports: Paul Krugman, the Nobel-winning economist and New York Times columnist, suggested Thursday that an “alliance” between a faction of the FBI and Russian President Vladimir Putin swung last week’s election in favor of Donald Trump.
“So it looks more and more as if we had an election swung, in effect, by a faction of our own security sector in alliance with Putin.”
— Paul Krugman, during a psychotic break, on Twitter
Krugman said that given the small margin in swing states that decided the election, the FBI’s reactivation of its investigation into Hillary Clinton’s private email server was just enough to change the minds of some voters.
“The economist has frequently taken to Twitter in the days after the election to bemoan the outcome and to draw concern over early policies of Trump.”
FBI Director James Comey announced the discovery of new emails “pertinent” to the case on October 28 — 11 days before the election — before clearing her again a week later.
[Read the actual news item here, at Business Insider]
“As evidence accumulates that Trump benefited from a lot of late deciders breaking his way, the case that it was Comey gets stronger,” Krugman wrote in a tweet.
The US intelligence community publicly accused the Russian government of being behind the hacks of emails of members of Democratic Party organizations and Clinton campaign chairman John Podesta, whose electronic communications were released in droves by WikiLeaks during the final weeks of the campaign. Read the rest of this entry »
[VIDEO] Krauthammer: ‘Hard to Deny That There Is a Quid Pro Quo’ between the FBI and State Department
Posted: October 17, 2016 Filed under: Crime & Corruption, Law & Justice, Mediasphere, Politics, U.S. News, White House | Tags: Director of National Intelligence, Federal Bureau of Investigation, Freedom of Information Act (United States), Hillary Clinton, Hillary Clinton email controversy, Jason Chaffetz, United States Congress, United States Department of Justice, United States Department of State 1 Comment
Charles Krauthammer said that newly released documents show that the FBI’s coordination with the State Department on the Hillary Clinton case indicates corruption.
“There are so many ironies here. The first is that this is probably normal procedure inside any administration, inside a bureaucracy: trading off favors, trading off probably shady maneuvers. But the problem is this — the charge that Republicans, Trump in particular, are making against Hillary Clinton is precisely that she represents business as usual. You can defend Clinton and say saying ‘Oh, this goes on all the time,’ but that’s the point. They are trying to wipe away this sort of culture of corruption. It is hard to deny that there is a quid pro quo, or at least one was proposed, when the phrase ‘quid pro quo’ is used to describe the transaction in the documents.”
“This is the ‘camera and sausage’ factor. I don’t think that we should be shocked that this happens in any bureaucracy, but once you see it in black in white, and you hear the charge that Clinton represents business as usual — and corrupt business as usual — that, I think, accentuates the charge, and makes it a very serious one.”
[VIDEO] Trey Gowdy to FBI Director Comey: ‘What more would Hillary Clinton have had to do to get you to prosecute her?’
Posted: September 29, 2016 Filed under: Crime & Corruption, Law & Justice, Mediasphere, Politics | Tags: Andrew C. McCarthy, Classified information, Defendant, Federal Bureau of Investigation, Federal crime in the United States, Freedom of Information Act (United States), Gross negligence, Hillary Clinton, Hillary Clinton email controversy, Interrogation 2 CommentsAllapundit writes:
…Gowdy’s point is the same now as it was then. Isn’t destroying evidence and then lying about it the best evidence of criminal intent insofar as it reveals a guilty mind? Because that’s what we have here — deleted emails, wiped servers, and then a series of public lies by Hillary about whether she’d ever dealt with classified information on her private system. What more would you need to have seen from her by way of suspicious behavior, he asks Comey, to conclude that she really did know all along that she was mishandling classified information and therefore is guilty even under Comey’s own standard of intent? Comey … has no good answer. Yes, he says, it’s true that concealing evidence is a strong indicator of bad intent, but we need to look at what the suspect has said, too. Which is Gowdy’s point: The false exculpatory statements Clinton has made publicly are further proof that she’s concealing the truth. We also need to look at whether anyone’s been prosecuted for this particular crime before, notes Comey.
That’s all that seems left of his decision not to charge her now. He’s not forcefully disputing Gowdy’s claim that Hillary knowingly, not just negligently, mishandled classified information. All he’s saying when you boil it down is that if no one’s gone to prison for this before, it’d be unfair to send Clinton to prison for it now. Read the rest of this entry »
‘Comey’s Agents Were Forgiving About Some Incriminating Evidence’
Posted: September 8, 2016 Filed under: Crime & Corruption, Law & Justice, Politics | Tags: Bill Clinton, Cheryl Mills, Classified information, Clinton Foundation, CNN, Director of the Federal Bureau of Investigation, Emmet G. Sullivan, Federal Bureau of Investigation, Freedom of Information Act (United States), Hillary Clinton, Hillary Clinton email controversy, Huma Abedin, James Comey, Judicial Watch, United States Department of State 5 CommentsThe FBI’s Blind Clinton Trust.
The closer we look at the FBI’s investigative file on Hillary Clinton’s emails, the more we wonder if Director James Comey always intended to let her off the hook. The calculated release before the long Labor Day weekend suggests political favoritism, and the report shows the FBI didn’t pursue evidence of potential false statements, obstruction of justice and destruction of evidence.
“The notes also show the G-men never did grill Mrs. Clinton on her “intent” in setting up her server. Instead they bought her explanation that it was for personal convenience. This helped Mr. Comey avoid concluding that her purpose was to evade statutes like the Federal Records Act. Mr. Comey also told Congress that indicting her without criminal intent would pose a constitutional problem.”
Mr. Comey’s concessions start with his decision not to interview Mrs. Clinton until the end of his investigation, a mere three days before he announced his conclusions. Regular FBI practice is to get a subject on the record early then see if his story meshes with what agents find. In this case they accepted Mrs. Clinton’s I-don’t-recall defenses after the fact.
“Ms. Mills has a particular reason for denying early knowledge of the server: She became Mrs. Clinton’s personal lawyer after they both left State. If Ms. Mills knew about the server while at State, she’d be subject to questions about the server. But if she didn’t know about the server until leaving State, she can argue that conversations with Mrs. Clinton are protected by attorney-client privilege. The FBI ignored all this, and it even allowed Ms. Mills to accompany Mrs. Clinton to her FBI interview as Mrs. Clinton’s lawyer.”
The notes also show the G-men never did grill Mrs. Clinton on her “intent” in setting up her server. Instead they bought her explanation that it was for personal convenience. This helped Mr. Comey avoid concluding that her purpose was to evade statutes like the Federal Records Act. Mr. Comey also told Congress that indicting her without criminal intent would pose a constitutional problem. But Congress has written many laws that don’t require criminal intent, and negligent homicide (for example) has never been unconstitutional.
The FBI notes also blow past evidence that Clinton advisers may have engaged in a cover-up. Consider page 10 of the FBI report: “Clinton’s immediate aides, to include [Huma] Abedin, [Cheryl] Mills, Jacob Sullivan, and [redacted] told the FBI they were unaware of the existence of the private server until after Clinton’s tenure at State or when it became public knowledge.”
[Read the full story here, at WSJ]
That’s amazing given that Ms. Abedin had her own email account on the private server. It is also contradicted by page 3: “At the recommendation of Huma Abedin, Clinton’s long-time aide and later Deputy Chief of Staff at State, in or around fall 2008, [ Bill Clinton aide Justin] Cooper contacted Bryan Pagliano . . . to build the new server system and to assist Cooper with the administration of the new server system.”
The FBI must also have ignored two emails referred to by the State Inspector General showing Ms. Mills and Ms. Abedin discussing the server while they worked at State: “hrc email coming back—is server okay?” Ms. Mills asked Ms. Abedin and Mr. Cooper in a Feb. 27, 2010 email. Read the rest of this entry »
IRS Sued for Refusing to Release Secret ‘Church Investigations’ Procedures
Posted: April 11, 2016 Filed under: Crime & Corruption, Law & Justice, Politics, Religion, White House | Tags: Bill Clinton, blackberry phones, Cheryl Mills, David Petraeus, Freedom From Religion Foundation, Freedom of Information Act (United States), Hillary Clinton, Judicial Watch, National Security Agency, Tom Fitton, United States Department of State Leave a commentNobody knows what the ‘procedures’ are for conducting ‘church investigations’.
Bradford Richardson reports: Government watchdog groups have filed a motion in federal court to compel the IRS to reveal how it determines when to initiate “church investigations” after accusing the tax-collecting agency of “stonewalling” efforts to bring to light its procedures.
“Our country has a long history of religious leaders speaking freely on matters of public discourse. Whether it is Rev. Martin Luther King Jr. leading the charge against segregation, or preachers opposed to the Vietnam War, Americans expect their religious leaders to be able to speak freely to their flock without government oversight.”
— From a 2014 letter to IRS Commissioner John Koskinen, signed by nine members of Congress
The motion, filed jointly Friday by the Alliance Defending Freedom and Judicial Watch, came in response to a legal settlement struck in 2014 with an atheist organization, which said the IRS had “resolved the signature authority issue necessary to initiate church examinations.”
“The IRS is not above the law, and Americans deserve to know the truth about the agency’s secret deals with activists.”
— ADF Legal Counsel Christina Holcomb
“The IRS also has adopted procedures for reviewing, evaluating and determining whether to initiate church investigations,” the Freedom From Religion Foundation said in a press release.
But nobody knows what those “procedures” are for conducting “church investigations,” the watchdog groups said.
“The Obama IRS first ignored the ADF FOIA request and is now stonewalling in federal court. The public has a right to know about any new IRS guidelines for investigating the practice of our basic First Amendment freedoms.”
— Judicial Watch President Tom Litton, in a press release
“The IRS is not above the law, and Americans deserve to know the truth about the agency’s secret deals with activists,” ADF Legal Counsel Christina Holcomb said in a press release. “The IRS has a legal obligation to explain why it is hiding things or else produce documents. Its ongoing refusal to follow the law is absurd, particularly since much of [what] we are asking for is information that the IRS has already provided voluntarily to Freedom From Religion Foundation.”
The IRS began producing documents in July, months after the ADF and Judicial Watch had sued the agency for failing to comply with a Freedom of Information Act request. But even then the agency withheld more than 10,000 of the 16,000 requested documents, and thousands of the released documents were completely redacted, according to the ADF.
[Read the full story here, at Washington Times]
“The Obama IRS first ignored the ADF FOIA request and is now stonewalling in federal court,” Judicial Watch President Tom Fitton said in a press release. “The public has a right to know about any new IRS guidelines for investigating the practice of our basic First Amendment freedoms.”
The IRS could not be reached for comment by press time. Read the rest of this entry »
[INFOGRAPHIC] How to File a Freedom of Information Act Request
Posted: October 5, 2015 Filed under: Censorship, Crime & Corruption, Law & Justice, Mediasphere, Politics | Tags: Democracy, FBI, FOIA, Freedom of Information Act (United States), Freedom of information laws by country, Hillary Clinton, IRS, journalism, media, news, Transparency, United States Department of State 1 CommentThough it has been in place since 1967, some of us don’t fully understand—or take advantage of—the Freedom of Information Act (FOIA). The act, often described as the law that keeps citizens in the know about their government, requires federal agencies to disclose requested information. While there are nine specific exemptions, the FOIA grants citizens a wide range of information controlled by the U.S. government.
As election season nears, and in light of an outbreak of high profile investigations into government dealings, FOIA requests have gained currency as an indispensable tool to shed light on the inner workings of public affairs.
Especially in the internet age, citizens should have free and unrestricted access to government information. As an essential tool to gain access to the troves of electronic information at the heart of the biggest, most important government disputes, FOIA requests are crucial for a transparent democracy. But to tap into the heaps of information, electronic and otherwise, you need to know how to file a request and identify the nine exemptions. This infographic clearly details the process of filing a request under the act as well as what happens once a request is made.
Source: logikcull.com
U.S. District Court Judge Richard Leon: The ‘Least Ambitious’ Bureaucrat Could Process Clinton’s Personal Emails Faster
Posted: July 30, 2015 Filed under: Crime & Corruption, Law & Justice, Politics, White House | Tags: 2012 Benghazi attack, Benghazi, Cheryl Mills, Federal Records, Freedom of Information Act (United States), Freedom of information laws by country, Hillary Clinton, Huma Abedin, J. Christopher Stevens, Judicial Watch, Libya, September 11 attacks, The Daily Beast, United States Department of State 1 Comment“Even the least ambitious bureaucrat could do this.”
David Francis writes: So far, the State Department, in response to a Freedom of Information Act request, has released just a small sampling of 55,000 pages of email from former Secretary of State Hillary Clinton’s home internet server. The timing of the releases have been less than ideal: The first batch was released on the afternoon of May 22, the Friday before the long Memorial Day weekend. The second came late in the evening, on June 30, less than an ideal time for reporters to dig in to find a story.
According to U.S. District Judge Richard Leon, the pace of the releases, just like their timing, is also less than ideal.
“Now, any person should be able to review that in one day — one day,” the judge said at a Wednesday hearing, while reviewing an Associated Press request for the release of just over 60 emails. “Even the least ambitious bureaucrat could do this.”
[Read the full text here, at ForeignPolicy.com, and more at the New York Daily News]
[Noah Rothman on the Media’s Favorite Framing Device: ‘Republican Reaction’ Stories]
VICE: Releasing Bin Laden’s Porn Stash: The Public’s Heroic Battle with the CIA Continues
Posted: June 11, 2015 Filed under: Global, Law & Justice, War Room | Tags: al Qaeda, Central Intelligence Agency, Death of Osama bin Laden, Director of National Intelligence, Freedom of Information Act (United States), Germany, Osama bin Laden, Osama bin Laden's compound in Abbottabad, Pakistan, September 11 attacks Leave a commentJason Leopold writes: In addition to his library of English-language books on topics such as international law, voting irregularities, and the Illuminati, Osama bin Laden also had a pretty substantial porn collection.
But the CIA won’t release bin Laden’s stash of porn, which Navy Seals apparently seized during a raid on his compound in Abbottabad, Pakistan four years ago. That’s because, unbelievably, it’s located in an “operational file,” which is exempt from disclosure under the Freedom of Information Act (FOIA).
An operational file is defined as:
(1) files of the National Clandestine Service which document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services;
(2) files of the Directorate for Science and Technology which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and
(3) files of the Office of Personnel Security which document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources;
“It seems like a stretch to call these [pornographic] materials operational files,” said Steven Aftergood, the director of the Project on Government Secrecy. “Although they may have been obtained in the course of an operation, they do not have anything to do with the planning or conduct of the operation. So they don’t really fit the definition of an operational file in the CIA Information Act.”
Moreover, even if bin Laden’s porn collection wasn’t located in an operational file, the CIA said it still couldn’t release it because US law bars the agency from mailing “obscene or crime-inciting matter.”
[Read the full text here, at VICE News]
The CIA made these questionable arguments last week, in response to a May 26 FOIA request filed last month by David Covucci, an editor at BroBible, a site that describes itself as “the ultimate destination for Bros.” Read the rest of this entry »
SMIDGEN REPORT SPECIAL UPDATE: IRS Created ‘Special Project Team’ of ‘Hundreds of Lawyers’ to Hide Information from Congress
Posted: June 5, 2015 Filed under: Crime & Corruption, Law & Justice | Tags: American Center for Law & Justice, Freedom of Information Act (United States), Freedom of information laws by country, Internal Revenue Service, Jason Chaffetz, Sharyl Attkisson, The Washington Times, United States House Committee on Oversight and Government Reform, White House 1 CommentThe American Center for Law and Justice‘s Jay Sekulow reports: New testimony reveals that the Internal Revenue Service (IRS) used “hundreds of attorneys” to hide critical information from Congress’s investigation of the IRS targeting of conservatives.
According to new congressional bombshell testimony today, the IRS set up a previously unknown “special project team” comprised of “hundreds of attorneys,” including the IRS Chief Counsel (one of only two politically appointed positions at the IRS).
The “special project” this team was given? Concealing information from Congress.
The IRS’s director of privacy, governmental liaison, and disclosure division, Mary Howard, testified that soon after the IRS targeting scandal was revealed, the IRS “amassed hundreds of attorneys to go through the documents [requested by Congress] and redact them.”
Members of Congress have long complained that many of the documents produced by the IRS have been “redacted to the point of absurdity.”
Now we know why.
As the Washington Times reports:
Mary Howard, who also works as the head Freedom of Information Act officer in the IRS, told the House Committee on Oversight and Government Reform that once the “special project team” was created and operational, she never saw requests for information.
“My understanding was that it started soon after the request came from Congress and other investigators asking for documents around this whole issue,” which she surmised meant around spring of 2013.
In other words, as soon as the IRS targeting scandal broke, the IRS set up a special team of hundreds of attorneys, including President Obama’s political head of the Chief Counsel’s office, to keep requests for publicly available information away from the person who would normally review those documents and turn them over to Congress and the public. That “special” team then overly redacted, delayed, and determined which documents it wanted Congress to see.
After setting up a special “group” to target and delay applications by Tea Party groups for tax-exempt status, the IRS set up a new “special project team” to delay and redact information from Congress about that targeting. Can you smell a cover-up? Read the rest of this entry »
THE PANTSUIT REPORT: Hillary Doesn’t Take Questions After Speech Promising Open Relationship with Press
Posted: March 24, 2015 Filed under: Entertainment, Mediasphere, Politics, White House | Tags: Associated Press, ATF gunwalking scandal, Frat House, Fraternity, Freedom of Information Act (United States), Frostbite, Hazing, Hillary Clinton, Internal Revenue Service, National Collegiate Athletic Association, Syracuse University, The Pantsuit Report 1 CommentForgive me for my cynicism, but that makes me think she just might not mean it
At The Corner, Katherine Timpf writes:
In a speech in front of a crowd full of journalists at Syracuse University on Monday, Hillary Clinton declared that she had a new hairstyle and would have a new, open relationship with the press along with it — and then didn’t take questions afterwards.
“Why not a new relationship with the press? …No more secrecy. No more zone of privacy. After all, what good did that do for me?”
“With a room full of political reporters, I thought to myself, ‘What could possibly go wrong?’” Clinton joked, apparently considering the press busting her for illegal e-mail practices that may have put national security at risk to be something to joke about…(read more)
THE PANTSUIT REPORT: State Dept: ‘We have reviewed Secretary Clinton’s official personnel file and administrative files and do not have any record of her signing…’
Posted: March 17, 2015 Filed under: Crime & Corruption, Politics, U.S. News, White House | Tags: Associated Press, Benghazi, Cheryl Mills, Death of Osama bin Laden, Email address, Freedom of Information Act (United States), Hillary Clinton, Huma Abedin, National Security Agency, Philippe Reines, The Weekly Standard, United States Department of State 1 CommentThis agonizing pretense finally ended on Tuesday, as State Department spokeswoman Jen Psaki finally admitted there seems to be no record of Clinton following the OF-109 requirements
John Hayward reports: Another piece of the puzzle fell into place in Hillary Clinton’s ever-deepening email scandal, as the State Department – following days of absolutely absurd foot-dragging – finally admitted it can’t seem to find any record of her signed Form OF-109.
“It’s not clear that this form is used as a part of a standard part of checkout across the federal government or even at the State Department…”
This is a crucial document signed by departing State Department employees, testifying that all official records have been turned over, including – but not limited to – classified materials and emails. Since it is manifestly obvious that Hillary Clinton didn’t turn over all such materials, her signature on the OF-109 would have constituted perjury.
:…We’re looking into how standard this is across the federal government and certainly at the State Department… I don’t want to characterize how common practice it is.”
Ever since lawyers familiar with this document began describing it, the State Department has been asked to produce the exit paperwork for Clinton (and her top aides Cheryl Mills, Huma Abedin, and Philippe Reines, who also had accounts on Clinton’s secret email server.) The Republican National Committee filed a Freedom of Information Act request for the documents. Even Clinton-friendly reporters have been asking about it.
Somehow our titanic $3.5 trillion mega government – the same government that just took over the Internet, the brilliant bureaucratic machine that understands health care better than any doctor and investment better than any capitalist – couldn’t seem to find that important piece of paper. Excuses that the government wouldn’t accept from the smallest private enterprise in America were proffered for State’s golly-gee-whiz-aw-shucks inability to produce a crucial form. The same people who love to bury citizens beneath towering piles of paperwork, demanding requests in triplicate for permission to do virtually anything, claimed they had no idea what happened to the Secretary of State’s termination papers. Read the rest of this entry »