Who’s Up For Some Fresh Hot Executive Privilege?
Posted: October 23, 2014 Filed under: Law & Justice, U.S. News, White House | Tags: ATF gunwalking scandal, Congress, Eric Holder, Executive privilege, Freedom of Information Act, Judicial Watch, Obama, Obama administration, United States Department of Justice, Vaughn 1 CommentJudicial Watch: Obama Asserts Fast and Furious Executive Privilege Claim for Holder’s Wife
Judicial Watch announced today that it received from the Obama Department of Justice (DOJ) a “Vaughn index” detailing records about the Operation Fast and Furious scandal. The index was forced out of the Obama administration thanks to JW’s June 2012 Freedom of Information Act (FOIA) request and subsequent September 2012 FOIA lawsuit (Judicial Watch v. Department of Justice (No. 1:12-cv-01510)). A federal court had ordered the production over the objections of the Obama Justice Department.
“This is the first time that the Obama administration has provided a detailed listing of all records being withheld from Congress and the American people about the deadly Fast and Furious gun running scandal.”
[Check out John’s Fund’s book, authored with Heritage’s Hans von Spakovsky: “Obama’s Enforcer: Eric Holder’s Justice Department“]
The document details the Attorney General Holder’s personal involvement in managing the Justice Department’s strategy on media and Congressional investigations into the Fast and Furious scandal.
Notably, the document discloses that emails between Attorney General Holder and his wife Sharon Malone – as well as his mother – are being withheld under an extraordinary claim of executive privilege as well as a dubious claim of deliberative process privilege under the Freedom of Information Act. The “First Lady of the Justice Department” is a physician and not a government employee.
“The 1307-page ‘draft’ Vaughn index was emailed to Judicial Watch at 8:34 p.m. last night, a few hours before a federal court-ordered deadline. In its cover letter, the Department of Justice asserts that all of the responsive records described in the index are ‘subject to the assertion of executive privilege’.”
This is the first time that the Obama administration has provided a detailed listing of all records being withheld from Congress and the American people about the deadly Fast and Furious gun running scandal. The 1307-page “draft” Vaughn index was emailed to Judicial Watch at 8:34 p.m. last night, a few hours before a federal court-ordered deadline. In its cover letter, the Department of Justice asserts that all of the responsive records described in the index are “subject to the assertion of executive privilege.”
“A week before the contempt finding, to protect Holder from criminal prosecution and stave off the contempt vote, President Obama asserted executive privilege over the Fast and Furious records the House Oversight Committee had subpoenaed eight months earlier.”
The Vaughn index explains 15,662 documents. Typically, a Vaughn index must: (1) identify each record withheld; (2) state the statutory exemption claimed; and (3) explain how disclosure would damage the interests protected by the claimed exemption. Read the rest of this entry »
AP Washington Bureau Chief: How the Obama Administration Blocks Information
Posted: September 19, 2014 Filed under: Censorship, Mediasphere, U.S. News, White House | Tags: Associated Press, Freedom of Information Act, George W. Bush, Obama, Obama administration, Sally Buzbee, United States, White House Leave a commentAssociated Press Washington Bureau Chief Sally Buzbee offered eight ways that the Obama administration is “blocking information” at a recent joint meeting of news editors.
[Also see – BORDER SECRECY: FEDS MUM ON PROSECUTION OF ILLEGAL BORDER CROSSERS]
Via The Blaze‘s Jason Howerton, Here are Buzbee’s top five ways how the Obama administration is “blocking” journalists from getting information:
1) As the United States ramps up its fight against Islamic militants, the public can’t see any of it. News organizations can’t shoot photos or video of bombers as they take off — there are no embeds. In fact, the administration won’t even say what country the S. bombers fly from.
2) The White House once fought to get cameramen, photographers and reporters into meetings the president had with foreign leaders overseas. That access has become much rarer. Think about the message that sends other nations about how the world’s leading democracy deals with the media: Keep them out and let them use handout photos.
3) Guantanamo: The big important 9/11 trial is finally coming up. But we aren’t allowed to see most court filings in real time — even of nonclassified material. So at hearings, we can’t follow what’s happening. We don’t know what prosecutors are asking for, or what defense attorneys are arguing.
4) Information about Guantanamo that was routinely released under President George W. Bush is now kept secret. The military won’t release the number of prisoners on hunger strike or the number of assaults on guards. Photo and video coverage is virtually nonexistent.
5) Day-to-day intimidation of sources is chilling. AP’s transportation reporter’s sources say that if they are caught talking to her, they will be fired. Even if they just give her facts, about safety, for example. Government press officials say their orders are to squelch anything controversial or that makes the administration look bad.
Buzbee also criticized the current administration for making Freedom of Information Act requests “slow and expensive.” Journalists are then forced to sue the government to force officials to respond, she said. Read the rest of this entry »
SMIDGEN REPORT: Federal Attorney Says Backup of Lois Lerner Emails Exist
Posted: August 25, 2014 Filed under: Breaking News, Crime & Corruption, Law & Justice, Mediasphere, Politics, U.S. News | Tags: Emmet G. Sullivan, Freedom of Information Act, Internal Revenue Service, IRS, Judicial Watch, Lois Lerner, Tom Fitton, Treasury Inspector General for Tax Administration, United States Department of Justice 2 CommentsTom Fitton discussing the new revelation
Via Judicial Watch:
(Washington, DC) – Judicial Watch announced the following developments in the IRS’ missing emails investigation. Judicial Watch President Tom Fitton stated:
Department of Justice attorneys for the Internal Revenue Service told Judicial Watch on Friday that Lois Lerner’s emails, indeed all government computer records, are backed up by the federal government in case of a government-wide catastrophe. The Obama administration attorneys said that this back-up system would be too onerous to search. The DOJ attorneys also acknowledged that the Treasury Inspector General for Tax Administration (TIGTA) is investigating this back-up system.
We obviously disagree that disclosing the emails as required would be onerous, and plan to raise this new development with Judge Sullivan.
This is a jaw-dropping revelation…(read more)
Here is the second set of sworn declarations by IRS officials in response to Judge Emmet G. Sullivan’s investigation into the missing emails of Lois Lerner and other IRS officials. The declarations were provided after close of business on Friday, August 22. Read the rest of this entry »
Apparently there’s a DOJ employee whose entire job is to reject FOIA requests
Posted: August 12, 2014 Filed under: Law & Justice, Mediasphere, Politics | Tags: Consumer Financial Protection Bureau, Freedom of Information Act, Hilda Solis, Lachlan Markay, United States Congress, United States Department of Justice, US Politics Leave a commentApparently there’s a DOJ employee whose entire job is to reject FOIA requests pic.twitter.com/zWEi1CyLd7 via @MorganSmith
— Lachlan Markay (@lachlan) August 12, 2014
CIA Gets Bored, Joins Twitter
Posted: June 6, 2014 Filed under: Mediasphere, U.S. News | Tags: Central Intelligence Agency, Federal Bureau of Investigation, Foreign Policy, Freedom of Information Act, United States 2 CommentsWe can neither confirm nor deny that this is our first tweet.
— CIA (@CIA) June 6, 2014

On Tax Day, RNC Sues The IRS
Posted: April 16, 2014 Filed under: Law & Justice, Politics, U.S. News | Tags: Freedom of Information Act, Internal Revenue Service, IRS, Obama administration, Republican National Committee, Tax Day, Tea Party, United States 1 CommentFor Breitbart.com, Charlie Spiering writes: On Tax Day, the Republican National Committee announced it is suing the IRS for stonewalling Freedom of Information Act request for documents about the tax agency’s politicized scrutiny of conservative and Tea Party groups.
The RNC filed the request on May 21, 2013, in an attempt to expose the documents and emails surrounding agency’s process in handling applications of non-profit organizations such as conservative and Tea Party groups.
“We’re filing this suit because the Obama administration has a responsibility to be transparent and accountable to the American people. The IRS has a legal obligation to answer our inquiry for these records.”
After the RNC filed the request, the IRS has requested several extensions, which has already delayed the release by 226 business days.
Obama Promised His Administration Would Be Transparent, But Recent Events Suggest Otherwise
Posted: March 30, 2014 Filed under: Censorship, Mediasphere, Politics | Tags: Edward Snowden, FBI, Federal Bureau of Investigation, Freedom of Information Act, J. Edgar Hoover, National Security Agency 2 CommentsOur government is always hiding something
For USA Today, Betty Medsger writes: The Obama administration has used the Freedom of Information Act to increase rather than decrease government secrecy. In 2013, it increased use of exemptions to bar release of requested files by 22% over the previous year, according an analysis by the Associated Press. The government fully denied or redacted large portions of files in 36% of the 704,394 requests submitted
There also was a substantial increase in citing national security concerns as reason for withholding information. The administration did so 8,496 times in 2013 – more than double the rate in President Obama’s first year in office. The National Security Agency censored records or denied FOIA requests 98% of the time in 2013.
This growing disregard for openness is especially disappointing from a president who, on his first full day in office, announced he would have the most transparent administration in history. It is evident not only in the administration’s handling of FOIA requests, but also in the recent CIA dispute with the Senate Intelligence Oversight Committee over the committee’s report on the government’s use of torture in the aftermath of 9/11 and in the scope and nature of mass surveillance by the NSA, known because of files made public by former NSA contractor Edward Snowden.
[Betty Medsger’s book, The Burglary: The Discovery of J. Edgar Hoover’s Secret FBI is available at Amazon]
The need to reverse this trend is evident in the critical role the FOIA has played in revealing secrets that, once public, led to major reforms. The revelation of COINTELPRO, FBI Director J. Edgar Hoover’s secret illegal operations, is an example of the fundamental importance of the FOIA.
The 9 Stupidest, Most Ridiculous, Most Cuckoo-Bananas Conspiracy Theories
Posted: February 10, 2014 Filed under: Education, Science & Technology | Tags: Atlanta, Bill Nye, Conspiracy theory, Freedom of Information Act, Phil Plait, Popular Mechanics, United States, YouTube Leave a commentJoshua A. Krisch, for Popular Mechanics, has the 9 worst conspiracy theories, ever. Here are two favorites…

Prince Williams/Getty Images
Poisonous Government Snow
Georgia isn’t good at snow. Two inches fell in Atlanta last month and, amidst car crashes and television parodies, snow skepticism was born. Georgians bravely took to YouTube, determined to demonstrate that neither matches nor lighters nor blowtorches (a disproportionate number of Georgians seem to own blowtorches) could melt that strange, white stuff that the government insisted was just frozen water. On film, the snow blackens, twists like plastic, and stubbornly refuses to melt.
Although entire Web pages are dedicated to debunking the chemical snow theory, the simplest way to deal with snow skeptics is to put the stuff in a microwave or on the stove. Spoiler: It melts. The blackened snow was caused by soot from the lighter, because butane burns inefficiently, and as snow turns into slush under a blowtorch, it only appears not to melt. Bad Astronomy blogger Phil Plait explains how the snow is, in fact, slowly melting.
The entire episode, however, brings up a good question: Who was the first Georgian to decide to burn the snow, just to see what would happen?

Symphonie/Getty Images
Adam and Eve? Superintelligent Beings From Outer Space
Now that even Bill Nye has weighed in on the debate about creationism and evolution, some of us would welcome any sort of common ground between science and religion. The ancient alien theory may offer a solution: Adam and Eve were extraterrestrials who traveled to Earth aboard a space ark piloted by—you guessed it—Noah.
[VIDEO] Military Docs Confirm: Obama Admin Silencing, Criminalizing Christianity
Posted: November 3, 2013 Filed under: Censorship, Politics, War Room, White House | Tags: Christianity, Fort Campbell, Fort Hood, Freedom of Information Act, Freedom of information laws by country, Judicial Watch, Southern Poverty Law Center 1 CommentMultiple eyewitnesses and military documents have now confirmed Wednesday’s report that soldiers at a recent briefing on Fort Hood were told that Christians and Tea Partiers are dangerous extremists who are “tearing the nation apart,” and that donating to such groups now constitutes a military crime. Ft. Hood has denied the charges, but evidence continues to mount.
According to documents produced by a recent FOIA (Freedom of Information Act) request from Judicial Watch, the military is now using a hysterically left-wing group of partisan fanatics known as the Southern Poverty Law Center (SPLC) to train soldiers on “extremism.” The SPCL is on the record openly trashing and condemning mainstream Christian groups, Tea Parties and border security groups as “domestic hate groups.”
Breitbart adds:
A month earlier, a security presentation portrayed the Founding Fathers as extremists. Before that, Breitbart News reported on a Christian chaplain who was officially censored by military commanders for talking about the importance of religious faith. And several months before that, Lt. Col. Jack Rich at Ft. Campbell, Kentucky, instructed soldiers that traditional Christian beliefs are incompatible with ‘Army values.’
SHOCKER: D.C. Police Chief Covers Up Supplying Dianne Feinstein with Illegal ‘Assault Weapons’
Posted: October 10, 2013 Filed under: Breaking News, Crime & Corruption, Guns and Gadgets, Law & Justice, Politics | Tags: AR-15, Cathy L. Lanier, Chief of police, Dianne Feinstein, Freedom of Information Act, Glock, Smith & Wesson M&P15, Washington 2 Comments
Senator Diane “Laws are for the Little People” Feinstein during a January 24 Capitol Hill press conference introducing legislation to ban so-called “assault weapons.” Actual firearms are displayed behind her. AP photo
Washington Metropolitan Police Chief Cathy L. Lanier seems to think that gun-control laws don’t apply to the liberal elite. The police chief helped Sen. Dianne Feinstein acquire “assault weapons,” which are illegal to possess in the District, for a news conference early this year to promote a ban on these firearms, then tried to cover up the police involvement.
Now, a response to a Freedom of Information Act (FOIA) request reveals Chief Lanier’s shocking willingness to bend the rules for partisan and ideological purposes. Read the rest of this entry »
UPDATED: Lengthy Senate report details EPA disclosure abuses
Posted: September 9, 2013 Filed under: Crime & Corruption | Tags: Christopher C. Horner, FOIA, Freedom of Information Act, Jackson, Lisa Jackson, Richard Windsor, United States Environmental Protection Agency 1 Comment
Former EPA Administrator Lisa Jackson is scheduled to testify Tuesday before the House Oversight and Government Reform Committee, which is investigating the misuse of government email accounts by Jackson in conducting official business, as well as use of personal email accounts by her and other federal executives. (Isaac Brekken/Getty Images)
Environmental Protection Agency officials have from the beginning of President Obama’s tenure in the Oval Office “pursued a path of obfuscation, operating in the shadows, and out of the sunlight,” according to a Senate report. Read the rest of this entry »
Psst: There are four separate scandals going on at EPA right now
Posted: June 11, 2013 Filed under: Mediasphere | Tags: Chris Horner, Competitive Enterprise Institute, EPA, Freedom of Information Act, Lisa P. Jackson, Natural Resources Defense Council, Richard Windsor, United States Environmental Protection Agency Leave a commentMARY KATHARINE HAM brings this:
1) The EPA gave an ethics award to fake employee, “Richard Windsor,” who was already just an unethically created e-mail alias for the agency’s former head, Lisa P. Jackson.
HotAir’s covered this story several times, but it really escalated to a point I don’t think I would have even concocted for a fictional account of government stupidity for fear it might feel like a reach. But government stupidity, undaunted by such a challenge and unbound by the limits of my imagination indeed awarded the “scholar of ethical behavior” award, among other professional recognitions, to a dude who does not exist and was created merely to unethically circumvent FOIA requests.
As the result of the persistence of the Competitive Enterprise Institute in pursuing their Freedom of Information Act requests, we found out late last year that Jackson had been using an epa.gov email account under the name of “Richard Windsor,” and that in practice it looked an awful lot like a deliberate attempt by Jackson to fly beneath the transparency radar when communicating about costly and publicly controversial EPA ideas and initiatives. Even better, it now looks like the EPA awarded the non-existent Richard Windsor with several of the oh-so-august bureaucracy’s required workplace certifications
.
As Erika wrote, this is real life.
2) The EPA makes conservatives pay a fortune for FOIAs to be granted while waiving fees for liberal groups.
Specifically, CEI asserts that the EPA is waiving FOIA fees for what it describes as left-wing groups – like the Sierra Club, the Natural Resources Defense Council, and EarthJustice – while it “systematically denies waivers for groups on the right,” according to CEI Senior Fellow Christopher Horner.
Horner said his research shows that from January 2012 to Spring 2013 the fees for “green” groups were waived in 75 out of 82 cases. Meanwhile, the EPA effectively or expressly denied his request for fee waivers in 14 of 15 FOIA instances over this same time period. Horner’s appeals of the EPA decisions to deny his fee waivers were rejected.
Further review, Horner said, established that “green” groups proved successful in getting their fees waived 92 percent of the time.
As Gabe notes, the EPA is kindly “considering” an investigation into this matter. Most transparent administration evah. More pressure, please, Congress!
3) EPA contractors are basically Gym, Tan, Laundrying in new, swanky rec rooms thanks to your tax money.
In a huge Environmental Protection Agency warehouse in Landover, enterprising workers made sure that they had all the comforts of home. They created personal rec rooms with televisions, radios, chairs and couches. On the walls were photos, calendars and pinups. For entertainment, they had books, magazines and videos. If they got hungry, they could grab something from a refrigerator and pop it into a microwave.
The crown jewel of their hideaway — which stored EPA office furnishings — was a 30-by-45-foot athletic center, cobbled together from “surplus” EPA gym equipment and decked out with a music system provided via “other agency inventory items,” according to a recently released inspector general’s report.
All of it was carefully hidden from security cameras by partitions and piles of boxes set up by the workers, employees of Apex Logistics, the contractor that ran the warehouse until the EPA severed ties after learning of the situation last month.
4) The EPA leaked confidential information on farmers and cattle facilities to environmental groups. No bigs.
For your NOM-IRS analogy, this one’s perfect:
According to a letter from a group of Senators to Acting EPA Administrator Bob Perciasepe, the EPA “released farm information for 80,000 livestock facilities in 30 states as the result of a Freedom of Information Act (FOIA) request from national environmental organizations. It is our understanding that the initial release of data contained personal information that was not required by the FOIA request for ten states including Arizona, Colorado, Georgia, Indiana, Illinois, Michigan, Montana, Nebraska, Ohio and Utah. This release included names and personal addresses.”
The Senators sent the letter Friday to express concern over the sensitivity of the data that was
released to groups like Earth Justice, Pew Charitable Trust and Natural Resources Defense Council and to ask how the EPA plans to protect the data of farms and ranches that are also homes to families.
via Hot Air
The EPA Is The Underreported Scandal
Posted: June 7, 2013 Filed under: Mediasphere | Tags: Apple, Bob Perciasepe, EPA, Freedom of Information Act, Internal Revenue Service, Lisa Jackson, National Organization for Marriage, United States Environmental Protection Agency 1 CommentIf the news weren’t so saturated with scandals right now, the broadcast evening newscasts would have had a different segment each night this week on the EPA. As we were doing the podcast last night, Drew, Andy and I tried to recount them all and actually came up short on the first try. There’s just that many.
I’d really like to keep the EPA scandals in the spotlight because they run the gamut from basic bureaucratic waste, to malicious politically-motivated abuse, to direct malfeasance by the EPA’s highest appointee. Here they are:
(1) EPA awarded former EPA Administrator Lisa Jackson’salias, Richard Windsor, an ethics award.
Yes, a fake person — an alias created to avoid disclosure obligations and keep Lisa Jackson from having to read all the email in her actual email account — won an ethics award.
There’s two immediate take-aways to this scandal. First, it’s right at the top. None of the standard Obama Administration excuses — “it was a low-level employee; I was never informed” or “I do so many of these, I don’t even read them” — will work here. Jackson knew, she was complicit, and now she’s conveniently gone — the beneficiary of a cushy job at Apple just days after Democrats haled the company into hearings to browbeat it for obeying tax law.
Second, it demonstrates the empty “meritocracies” of the bureaucracy. Windsor’s name was on a list for completing a mandatory annual requirement, so of course “he” got an award.
EPA Under Pressure to Disclose Secret Emails
Posted: October 2, 2012 Filed under: Reading Room | Tags: Christopher C. Horner, EPA, Freedom of Information Act, Freedom of information legislation, Government Accountability Office, United States Environmental Protection Agency 1 CommentEnvironmental Protection Agency officials are keeping mum today about a potential landmine of a lawsuit that claims senior executives there have used secret email accounts to conduct public business without being subject to the Freedom of Information Act.
The suit was filed last week by the Competitive Enterprise Institute’s senior fellow, Christopher C. Horner, Hans Bader, CEI’s counsel for special projects, and Sam Kazman, the conservative think tank’s general counsel.
In the suit, CEI asks the U.S. District Court for the District of Columbia to order EPA to produce “certain records pertaining to ‘secondary,’ non-public email accounts for EPA administrators, the existence of which accounts Plaintiff discovered in an Agency document obtained under a previous FOIA request.”
According to the CEI suit, the internal EPA memo, which was referenced in a Government Accountability Office report in 2008, described the secondary accounts as known only to “few EPA staff members, usually only high-level senior staff.”
Many such officials would be either presidential appointees or politically appointed members of the federal civil service system’s Senior Executive Service. The agency’s current boss, Administrator Lisa Jackson, was appointed by President Obama.
Federal law requires all government employees to use only official email accounts. If they do use a private account to do official business, however, they are required to make that available to their employing department or agency.
A spokesman for EPA declined to comment specifically on the CEI suit, offering only a statement on behalf of the agency: “EPA is strongly committed to transparency and strictly complies with open government laws such as the Freedom of Information Act. We will review this lawsuit closely and respond as appropriate.”
The think tank sued after filing three separate FOIA requests in May for documents related to the secret accounts. The agency has yet to produce any documents in response to the FOIAs…
More >> via WashingtonExaminer
(The existence of the secret email accounts is discussed at length in Horner’s new book, “The Liberal War on Transparency.” )
Related articles
- Obama Cabinet Flunks Disclosure Test With 19 in 20 Ignoring Law (bloomberg.com)
- The Liberal War on Transparency (educationviews.org)
- CEI Podcast For September 13, 2012: CEI Sues The EPA (openmarket.org)