Foia Quotes

1976, a FOIA request forced NIMH to acknowledge that it had allowed itself to be used by the CIA as a funding front in the sixties.

Lest you dismiss this as just another conspiracy theory, in November 1998 in an interview with The Observer, former US Ambassador to Chile Edward Korry told a remarkable story. Korry described still classified cables, and information censored in papers, but now available under the FOIA. He had served under Presidents Kennedy, Johnson, and Nixon. He told how US companies from Cola to copper used the CIA as an international debt collection agency and investment security force. The Observer reported that the CIA's Oct. 1970 plot to overthrow Chile's Allende was the result of a plea for action a month earlier by PepsiCo chairman Kendall to the company's former lawyer, President Nixon.

However, this court is constrained by law, and under the law, I can only conclude that the Government has not violated FOIA by refusing to turn over the documents sought in the FOIA requests, and so cannot be compelled by this court of law to explain in detail the reasons why its actions do not violate the Constitution and the laws of the United States. The Alice-in-Wonderland nature of this pronouncement is not lost on me; but after careful and extensive consideration, I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules—a veritable Catch-22. I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for their conclusion a secret.

John Adams was keenly aware of the relationship between secrecy and corruption in government and the preservation of liberty. Many of the Founding Fathers understood the importance of transparency in a nation’s rulers. James Madison wrote that “A popular government without popular information, or the means of acquiring it, is but a prologue to a Farce or a Tragedy, or perhaps both.” Thomas Jefferson said that “If we are to guard against ignorance and remain free, it is the responsibility of every American to be informed.” Judicial Watch has always believed that knowing the “characters and conduct” of the individuals who serve in the government and ensuring that the public is “informed” about what its government is doing is crucial to preserving our great republic. That is why for over twenty-two years we have been the most active user of the federal Freedom of Information Act (FOIA) to promote transparency, accountability, and integrity in government, politics, and the law. We are the nation’s largest and most effective government watchdog group that works to advance the public interest. Transparency is all about self-governance. If we don’t know what the government is doing, how is that self-governance? How is that even a republic? When we were founded in 1994, we used the FOIA open records law to root out corruption in the Clinton administration. During the Bush administration, we used it to combat that administration’s penchant for improper secrecy. But the Bush administration pales in comparison to the Obama administration. Today, our government is bigger than ever, and also the most secretive in recent memory.

I’d like to see every news organization, large and small, newspaper and blog, sponsor FOIA clubs in their communities to get scores, hundreds, thousands of citizens helping to open up data.

Más de 3 millones de patentes industriales, médicas y tecnológicas alemanas, fueron incautadas o robadas como botín de guerra por los aliados. Sobre esas patentes se ha construido, nos guste o no, el desarrollo tecnológico de los últimos 60 años. Sobre la base del Acta Americana de Libertad de Información (FOIA), todo documento secreto debe ser hecho público antes de transcurrir treinta años desde su clasificación.

The last public count had been at 237,561. It had become so obscure and shrouded in controversy that journalists filed FOIA requests.

In 2011, Families for Freedom, a nonprofit immigrant rights organization, obtained documents through FOIA litigation showing that agents at a single Border Patrol station in Rochester had wrongfully arrested nearly 300 US citizens and legal immigrants during a four- year period. The only way that CBP measured its effectiveness, the group found, was through its apprehension rates. Agents in Buffalo were offered cash bonuses, prizes, and extra vacation time if they boosted their arrest numbers, fostering a dragnet approach to enforcement that targeted people of color.

When Paul neared the end a few years later, emphysema caused him excruciating suffering. Yet on his deathbed, he still managed a smile as he whispered, “You left telltale marks on the dust of my bookshelves.” I felt my cheeks getting hot. “So you knew all this time that I was sneaking into your library and said nothing?” He nodded, setting off a coughing fit. “I wanted my books to be the forbidden fruit you just had to have.

In the many different scandals of the Obama administration, from Benghazi to Hillary Clinton’s emails, how has Judicial Watch succeeded so often in exposing the truth when Congress has failed? Part of it is the hard, focused, and dogged work of our investigators and the skill, professionalism, and tenacity of our lawyers, as well as our other staff who help support and run one of the most effective citizens’ groups in the country. But it is also because FOIA is a straightforward tool that quickly gives Judicial Watch access to the federal courts in order to ensure compliance with our record requests to ensure transparency. Congressional investigations, when committees bother to conduct them, are political by nature. Their effectiveness is often hindered by committee members of the political party whose president is in the White House in order to protect the president, their party, and their political allies. Congress today relies on the Justice Department to enforce subpoenas issued by committees that are intended to force executive branch compliance with requests for information and witnesses. With a politicized Justice Department, which has been the hallmark of the Obama administration, there is no effective enforcement of such congressional subpoenas. A sorry example of this is the refusal of the Obama Justice Department to enforce the contempt citation against Lois Lerner for refusing to comply with a subpoena for her testimony before the House Committee investigating the IRS scandal. The administration was not about to go to a judge for an order compelling Lerner to testify and reveal what she knew about the administration’s targeting of conservative organizations.

One of the Least Transparent Administrations in History President Barack Obama promised the most transparent administration in history, but our experience over the eight years of his administration was that the executive branch and its federal agencies were black holes in terms of disclosure. President Obama and his minions made remarkable assertions of secrecy over everything from White House visitor logs to Fannie Mae and Freddie Mac, to Operation Fast and Furious and even the photos of a dead Osama bin Laden and the details of the Islamic burial ceremony used for one of the worst terrorist organizers of the modern age. Judicial Watch filed well over three thousand FOIA requests with the Obama administration, many of which went unanswered. Our staff attorneys never had a day that wasn’t hectic—they were forced to file and litigate more than 250 FOIA lawsuits in federal court. Getting the administration to comply with our requests for information and documents under FOIA was like pulling teeth. Many of these lawsuits were filed just to get a “yes or no” answer from the administration on whether they had any responsive records. Administratively, federal agencies put up additional hurdles and stonewalled even the most basic FOIA requests. In many cases, we faced tough litigation fights, with Justice Department and administration attorneys and officials fighting hard to resist turning over records they were obligated under the law to disclose. And in many cases, like our fight to get former Secretary of State Hillary Clinton’s emails, the administration seems to have misled Judicial Watch and federal judges, claiming that records did not exist that actually did exist or not conducting the legally required searches for the information and documents we were requesting.

US Military Was Prepared to Act in Benghazi Contrary to what the Obama administration has told the American people, the US military was poised and ready to respond immediately and forcefully against terrorists in Benghazi, Libya. That’s what we learned in December 2015 from an email exchange from then–Department of Defense Chief of Staff Jeremy Bash to State Department leadership immediately offering “forces that could move to Benghazi” during the terrorist attack on Benghazi. In an email sent to top Department of State officials, at 7:19 p.m. ET, only hours after the attack had begun, Bash says, “we have identified the forces that could move to Benghazi. They are spinning up as we speak.” The Obama administration redacted the details of the military forces available, oddly citing a Freedom of Information Act (FOIA) exemption that allows the withholding of “deliberative process” information. The Obama administration and Clinton officials hid this compelling Benghazi email for years. The email makes readily apparent that the military was prepared to launch immediate assistance that could have made a difference, at least at the CIA annex. The fact that the Obama Administration withheld this email for so long only worsens the scandal of Benghazi.

We still don’t have the full story on Benghazi, but thanks to the dogged efforts of Judicial Watch we know a lot more and are in a position to continue to crack open the Benghazi cover-up. Take the email that showed the military was prepared, indeed was in the process of launching timely assistance that could have made a difference, at least at the CIA annex where two Americans died. The Washington Examiner correctly noted that the email “casts doubt on previous testimony from high level officials, several of whom suggested there was never any kind of military unit that could have been in a position to mount a rescue mission during the hours-long attack on Benghazi.” All this goes to underscore the value of Judicial Watch’s independent watchdog activities and our leadership in forcing truth and accountability over the Benghazi scandal. The lies and inaction by President Obama, Hillary Clinton, and Susan Rice (who is now Obama’s national security adviser) were monstrous. Rather than tell the truth, and risk political blowback for the Libya mess and the lack of security, the Obama administration abandoned those under fire and pretended that the attack had nothing to do with terrorism. Judicial Watch saw through the lies and began what has become the most nationally significant investigation ever by a non-governmental entity. Our Benghazi FOIA requests and subsequent lawsuits changed history. Our disclosure of White House records confirming that top political operatives at the White House concocted the talking points used by Susan Rice to mislead the American people in order save Obama’s reelection prospects rocked Washington. These smoking-gun documents embarrassed all of Congress and forced Speaker John Boehner to appoint the House Select Committee on Benghazi. And, as you’ll see, the pressure from our Benghazi litigation led to the disclosure of the Clinton email scandal, the historical ramifications of which we are now witnessing. If the American people had known the truth—that Barack Obama, Hillary Clinton, and other top administration officials knew that the Benghazi attack was an al-Qaeda terrorist attack from the get-go—and yet lied and covered this fact up—Mitt Romney might very well be president. Our Benghazi disclosures also show connections between the collapse in Libya and the ISIS war—and confirm that the US knew remarkable details about the transfer of arms from Benghazi to Syrian jihadists.

As has been the case far too often in the Obama administration, which may go down as the least transparent administration in history, the IRS refused to respond to our FOIA requests. Judicial Watch was forced to sue the IRS in federal court in October 2013, shortly after Lois Lerner had “retired” to avoid the consequences of her actions. Judicial Watch’s efforts through these FOIA requests and subsequent litigation led to the discovery that in addition to targeting conservatives at the IRS, Lois Lerner sent confidential taxpayer information to attorneys at the Federal Election Commission, which enforces federal campaign finance rules, in violation of federal law. Email communications revealed that Lerner, who formerly worked at the Federal Election Commission (FEC), sent extensive materials on conservative organizations—the American Issues Project and Citizens for the Republic—to the FEC, including detailed confidential information, after inquiries from the FEC attorneys. She disclosed this information in spite of Section 6103 of the Internal Revenue Code, which bars the IRS from sending such information to anyone, including other federal agencies. It also turned out that the FEC attorneys were acting without authority to make such an inquiry, because the commissioners who run the agency had never approved an investigation. The emails discovered by Judicial Watch provided a disturbing window into the activities of two out-of-control federal agencies, whose employees, because of their political bias, were trying to target conservative organizations.

The next day, I phoned Senator Sander’s office and reported the activities of this man. By 2011, Sander’s office was fully informed about the CIA in my life and I was told that the office would send a Congressional Liaison officer to complain to CIA about what Sander’s staff termed “stalking.” In 2009, I also filed a FOIA request with the FBI in an attempt to learn if FBI was following me. I doubted that they were but I wanted to make sure. I had never found FBI participation in MKULTRA. The FOIA came back no documents located. After the incidents with the blond man, and my growing anger at the behavior of CIA, who I was certain was behind the harassment, I phoned the FBI office in Albany, New York and explained the situation I had been involved in with CIA. I recall telling the FBI that I realized it all sounded crazy and that the behavior of the CIA was indeed crazy, but that what I was reporting to FBI was accurate. I told the woman on the phone about being followed for months by a man I was able to identify as an undercover federal agent and I gave her his name. I asked the FBI to help me stop the harassment I was being subjected to by CIA and asked them to check with Senator Sander’s office if they still didn’t believe me. I never saw the blond man again and as the weeks went by, I noticed I wasn’t being followed. My new lawyer thought it was unusual for the FBI not to open a case file on a complaint, but I never heard from FBI. By May 2011, I had only one encounter with a stranger in a parking lot. It was similar to the other encounters, without the hostility demonstrated by the blond man. The harassment stopped in late 2010, except my phone remains tapped. I stopped seeing strangers following me, and my mail stopped being stolen. I did however note that by 2010 I stopped sending FOIA requests and no longer requested the help of elected officials. I suspect the reason the harassment stopped was because of the complaints I made to Sanders and the FBI. I don’t doubt that CIA was responsible. Who else would have the sophistication to pull off the types of surveillance that I was subjected to for years after I filed the lawsuit and discovered the Vermont CIA experiments?

Despite the refusal of the Obama Justice Department to prosecute anyone at the IRS, it is clear that what happened was an epic clampdown on any conservative voices speaking or advocating against the president’s disastrous policies and in favor of patriotism and adherence to the Constitution and the rule of law. Over the course of twenty-seven months leading up to the 2012 election, not a single Tea Party–type organization received tax-exempt status. Many were unable to operate; others disbanded because donors refused to fund them without the IRS seal of approval; some organizations and their donors were audited without justification; and many incurred legal fees and costs fighting the unlawful conduct by Lerner and other IRS employees. The IRS suppressed the entire Tea Party movement just in time to help Obama win reelection. And everyone in the administration involved in this outrageous conduct got away with it without being punished or prosecuted. Was it simply a case of retribution against the perceived “enemies” of the administration? No, this was much bigger than political payback. It was a systematic and concerted effort to squash the Tea Party movement—one of the most organic and powerful political movements in recent memory—during an election season. [See Appendix for select IRS documents uncovered by Judicial Watch.] This was about campaign politics. It was a scandal for the ages. President Obama obviously wanted this done even if he gave no direct orders for it. In 2015, he told Jon Stewart on The Daily Show that “you don’t want all this money pouring through non-profits.” But there is no law preventing money from “pouring through non-profits” that they use to achieve their legal purposes and the objectives of their members. Who didn’t want this money pouring through nonprofits? Barack Obama. In the subsequent FOIA litigation filed by Judicial Watch, the IRS obstructed and lied to a federal judge and Judicial Watch in an effort to hide the truth about what Lois Lerner and other senior officials had done. The IRS, including its top political appointees like IRS Commissioner John Koskinen and General Counsel William J. Wilkins, have much to answer for over their contempt of court and of Congress. And the Department of Justice lawyers and officials enabling this cover-up in court need to be held accountable as well. If the Tea Party and other conservative groups had been fully active in the critical months leading up to the 2012 election, would Mitt Romney have been elected president? We will, of course, never know for certain. But we do know that President Obama’s Internal Revenue Service targeted right-leaning organizations applying for tax-exempt status and prevented them from entering the fray during that period. That is how you steal an election in plain sight. Accountability is not something we will get from the Obama administration. But Judicial Watch will continue its independent investigation and certainly any new presidential administration should take a fresh look at this IRS scandal.

In 2013, a federal judge ruled in favor of Judicial Watch, chastising the agency for withholding documents, and he specifically ruled against DHS’s improper claim of attorney-client privilege. The documents uncovered by Judicial Watch showed that DHS officials misled Congress and the public about its implementation of a new policy that resulted in the dismissal of multiple deportation cases against illegal alien criminals convicted of violent crimes. The administration decided to halt almost all enforcement actions (on an alleged “case-by-case” basis) against any illegal alien who has not committed any other “serious” crimes. As a result, it is failing to protect citizens from the scourge of rampant illegal immigration and criminal illegal aliens. In 2014, Judicial Watch filed another FOIA lawsuit to get more information about this issue, after the Center for Immigration Studies (CIS) reported that 36,000 criminal aliens who were awaiting the outcome of deportation proceedings were released by DHS in 2013.3 This group consisted of aliens convicted of hundreds of serious, often violent crimes, including homicide, sexual assault, kidnapping, and aggravated assault. The 36,000 criminal aliens had nearly 88,000 convictions, including one for willfully killing a public official with a gun. Yet this alien, and tens of thousands of other dangerous thugs, were released by DHS onto an unsuspecting American public.

Transparency and the rule of law will be the touchstones of this administration,” President Obama declared back in 2009. Rarely has there been a greater gap between what a politician said and what he did. Indeed, in the mold of Richard Nixon, the White House asserted dubious claims of executive privilege to avoid scrutiny in the Fast and Furious scandal. But Obama is publicly oblivious to the contradictions. At a media awards dinner in March 2016, President Obama scolded the press for enabling a candidate like Donald Trump and suggested it had a greater responsibility than to hand someone a microphone. But as far as Jake Tapper on CNN was concerned “the messenger was a curious one.” He succinctly reviewed the Obama administration’s deplorable record on transparency and openness and concluded: “Maybe, just maybe, your lecturing would be better delivered to your own administration.” Speaking with some passion, Tapper told his viewers: “Many believe that Obama’s call for us to probe and dig deeper and find out more has been made far more difficult by his administration than any in recent decades. A far cry from the assurances he offered when he first took office.” Tapper noted that Obama promised to run the “most transparent administration in history.” “Obama hasn’t delivered,” ProPublica reporter Justin Elliott wrote in the Washington Post in March 2016. “In fact, FOIA has been a disaster under his watch.” Elliott went on to write: Newly uncovered documents (made public only through a FOIA lawsuit) show the Obama administration aggressively lobbying against reforms proposed in Congress. The Associated Press found last year that the administration had set a record for censoring or denying access to information requested under FOIA, and that the backlog of unanswered requests across the government had risen by 55 percent, to more than 200,000. A recent analysis found the Obama administration set a record of failing nearly 130,000 times to respond to public records requests under the Freedom of Information Act.1 Tapper closed his broadcast by quoting former Washington Post executive editor Leonard Downie, who helped break the Watergate scandal and said in 2013 that Obama had the “most aggressive” administration toward the press since Richard Nixon.

Jason Leopold, known for using the Freedom of Information Act to break open scandals. It was Leopold’s FOIA request that led to the scandal over Hillary Clinton’s private email server.