Tag Archives | FOIA

Federal Judge: Courts Rubber-Stamp White House on Security Issues

Federal District Court Judge Royce Lamberth has said what many civil libertarians have long thought. According to Politico

Speaking at a conference for federal employees who process Freedom of Information Act requests, U.S. District Court Judge Royce Lamberth said his fellow jurists usually rubber-stamp agency claims that disclosing information would jeopardize national security.

“It bothers me that judges, in general, are far too deferential to Exemption 1 claims,” Lamberth said, referring the language in FOIA that allows for withholding of information classified pursuant to an executive order. “Most judges give almost blind deference on Exemption 1 claims.”

Judge Lamberth, a graduate of the University of Texas, was appointed to the bench by Ronald Reagan in 1987. He previously served as an Army JAG officer and as a federal prosecutor. His recent decisions have included ordering the release of Richard Nixon’s testimony concerning the Watergate scandal and controversially issuing an injunction to prevent the Obama administration from destroying embryos used in stem cell research.… Read the rest

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President Obama’s Muddy Record on Government Transparency

FOIAJosh Gerstein reports in the Politico:

President Barack Obama set a high bar for open government, and he set it quickly. A minute after he took office, the White House website declared his administration would become “the most open and transparent in history.” By the end of his first full day on the job, Obama had issued high-profile orders pledging “a new era” and “an unprecedented level of openness” across the massive federal government.

But three years into his presidency, critics say Obama’s administration has failed to deliver the refreshing blast of transparency that the president promised.

“Obama is the sixth administration that’s been in office since I’ve been doing Freedom of Information Act work. … It’s kind of shocking to me to say this, but of the six, this administration is the worst on FOIA issues. The worst. There’s just no question about it,” said Katherine Meyer, a Washington lawyer who’s been filing FOIA cases since 1978.

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Homeland Security Hires Military Contractor To Monitor Social Media

Aaron Cynic writes at Diatribe Media:

A Freedom of Information Act request has revealed the Department of Homeland Security awarded a contract in 2010 to General Dynamics’ Advanced Information Systems in order to provide constant surveillance of social media, according to The Washington Post.

GD Information War

The Electronic Privacy Information Center filed the request, and according to a training manual that was among the documents they received, DHS engaged in monitoring comments on Facebook, Twitter and blogs to obtain public sentiment on a proposed transfer of Guantanamo Bay detainees to a town in Michigan. The $11 million contract awarded to General Dynamics is expected to produce “reports on DHS, Components, and other Federal Agencies: positive and negative reports on FEMA, CIA, CBP, ICE, etc. as well as organizations outside the DHS,” according to Computer World.

An unnamed senior DHS official denied any such snooping or out of bounds monitoring and said the training manual is no longer in use.… Read the rest

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Can Undercover Investigators Legally Be Indefinitely Detained or Assassinated?

FBI_logoNow that the Presidency has dictatorial powers, will civil disobedience and investigative journalism become capital offenses?  Dean Kuipers writes in the Los Angeles Times:

The FBI’s Joint Terrorism Task Force has recommended for many years that animal activists who carry out undercover investigations on farms could be prosecuted as domestic terrorists. New documents obtained through a Freedom of Information Act request by activist Ryan Shapiro show the FBI advising that activists – including Shapiro – who walked onto a farm, videotaped animals there and “rescued” an animal had violated terrorism statutes.

The documents, which were first published on Will Potter’s website, Green Is the New Red, were issued by the Joint Terrorism Task Force in 2003 in response to an article in an animal rights publication in which Shapiro and two other activists (whose names were redacted from the document), openly claimed responsibility for shooting video and taking animals from a farm.

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What The Government Told Gizmodo About Osama Bin Laden’s Body

Amazing read. Sam Biddle writes on Gizmodo:

Months ago, I asked the Pentagon for its visual records of Osama bin Laden’s sea burial under the Freedom of Information Act. Today, I received a thick packet of No— a complete denial that any records exist. Read it.

The core of the response is this: the Office of the Chairman of the Joint Chiefs of Staff, United States Special Operations Command, and the Department of the Navy all had their records searched. Nothing. Admiral Mike Mullen’s email was scanned. Nothing. The Pentagon claims not a single person aboard the USS Carl Vinson, where Bin Laden’s remains were disposed of, took a single picture. Not a single email from the ship makes reference to photo or video. Essentially: nobody in the military has evidence. So did these things ever exist? If so, they’re in a filing cabinet at the CIA, where they’ll be safe for the rest of time.

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Anarchist’s FOIA Requests Reveal FBI Infiltration

FBI_logoColin Moynihan and Scott Shane make anarchists look pretty smart in this report for the New York Times (or is it just that the FBI is utterly clueless?):

AUSTIN, Tex. — A fat sheaf of F.B.I. reports meticulously details the surveillance that counterterrorism agents directed at the one-story house in East Austin. For at least three years, they traced the license plates of cars parked out front, recorded the comings and goings of residents and guests and, in one case, speculated about a suspicious flat object spread out across the driveway.

“The content could not be determined from the street,” an agent observing from his car reported one day in 2005. “It had a large number of multi-colored blocks, with figures and/or lettering,” the report said, and “may be a sign that is to be used in an upcoming protest.”

Actually, the item in question was more mundane.

“It was a quilt,” said Scott Crow, marveling over the papers at the dining table of his ramshackle home, where he lives with his wife, a housemate and a backyard menagerie that includes two goats, a dozen chickens and a turkey.

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The CIA’s Six Oldest Secret Documents

Don’t get too excited, but the U.S. Central Intelligence Agency has decided to unveil what it terms “the United States Government’s six oldest classified documents, dating from 1917 and 1918.” They mostly have to do with secret ink formulae and while the processes may have been a big deal a century ago, your local spy store will have cooler stuff today.

CIA doc

Here’s what the Agency has to say:

These documents, which describe secret writing techniques and are housed at the National Archives, are believed to be the only remaining classified documents from the World War I era. Documents describing secret writing fall under the CIA’s purview to declassify.

“These documents remained classified for nearly a century until recent advancements in technology made it possible to release them,” CIA Director Leon E. Panetta said. “When historical information is no longer sensitive, we take seriously our responsibility to share it with the American people.”

One document outlines the chemicals and techniques necessary for developing certain types of secret writing ink and a method for opening sealed letters without detection.

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U.S. Government Only Responds To A Third Of FOIA Requests

So much for transparency of government: AP/Yahoo News reports that only a third of Freedom of Information Act (FOIA) requests resulted in any information being released (let alone the full amount requested). One thing to bear in mind, of course, is that the United States is one of the very few nations to actually grant its citizens any right to review government documents.foia

Two years into its pledge to improve government transparency, the Obama administration took action on fewer requests for federal records from citizens, journalists, companies and others last year even as significantly more people asked for information. The administration disclosed at least some of what people wanted at about the same rate as the previous year.

People requested information 544,360 times last year under the U.S. Freedom of Information Act from the 35 largest agencies, up nearly 41,000 more than the previous year, according to an analysis by The Associated Press of new federal data.

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Newly Released FBI Documents Support Sibel Edmonds’ Allegations

Thanks to a FOIA request, new evidence has emerged from the FBI’s own internal communications that appear to support many of the claims made by Sibel Edmonds regarding (largely though not exclusively) GOP collusion in the spying activities of the Turkish government.

This is no small matter, as it involves blackmail and bribery of high-level officials like former Speaker of the House, Dennis Hastert, PNAC signatory Richard Perle, Congressman Roy Blunt, Congresswoman Jean Schmidt, Turkish Ambassador Marc Grossman, Congressman Stephen Solarz, Asst. Sec. Def. Douglas Feith, Congressman Dan Burton and others to “look the other way” from those engaged in spying activities with a foreign government against the United States.

Per the report from the Boiling Frogs website:

Recently released FBI documents prove the existence of highly sensitive National Security and criminal investigations of “Turkish Activities” in Chicago prior to September 11, 2001. These documents add further support to many of the allegations that former FBI translator Sibel Edmonds has claimed, in public and in Congress, since 2002. The documents were released under a Freedom of Information Act (FOIA) request into an organization called the Turkish American Cultural Alliance (TACA), an organization repeatedly named by Ms. Edmonds as being complicit in the crimes that she became aware of when she was a translator at the FBI…

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Feds Charge $522K for FOIA Request

From Wired:

The Treasury Department wants more than $500,000 to comply with a Freedom of Information Act request, a fee an attorney on the case suggested Tuesday might be one of the largest bills of its kind.

“I have not seen one that has been larger,” said Noah Wood, a Missouri attorney suing the government to comply with his nearly four-year-old FOIA request.

The Treasury Department, Wood said, is “downright telling us where we can stick it.”

Wood wants the government to produce documents he hopes show where are perhaps millions of dollars of once-frozen assets of a former Libyan-backed company in the United States, which Wood says owes his law firm legal fees. To that end, he is suing the government (.pdf) to comply with the FOIA request and to reduce the bill.

Still, the government wants Wood to pay $522,886 for the records. The original tab was more than $26,000, but after some revisions in what Wood was seeking, the government upped the ante — even though not all information sought would be forthcoming, according to the bill (.pdf).

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