Archives for March 2015

Treasury, Education and Homeland Security Departments Receive Failing Grades On FOIA Responsiveness

State Department gets a “D”, and is getting worse”

Cause of Action’s 2015 Grading the Government Report Card assigns grades to all 15 cabinet departments for their average response times in fiscal year 2014 to requests submitted under the Freedom of Information Act (FOIA).

Eleven out of the fifteen agencies received a “C” or worse letter grade, with the Departments of Treasury, Homeland Security, and Education each receiving an “F” because they failed to comply with FOIA in submitting the required information. The State Department, which recently displayed its flawed approach to records retention in connection with former Secretary of State Hillary Clinton’s emails, received a “D” grade.

“Our oversight mission – which focuses on transparency, and accountability in the Federal government – depends upon agency compliance with FOIA,” said Cause of Action Executive Director Dan Epstein. “Based on our findings over the past three years, Cause of Action has no reason to believe that agency performance under FOIA has improved, which is simply unacceptable to taxpayers who deserve a government that operates in the open.”

CLICK HERE TO VIEW THE REPORT CARD

Cause of Action assigned letter grades to each agency by comparing information reported in annual agency reports against the required response time under the law. Seven agencies – the Departments of Agriculture, Defense, Health and Human Services, Housing and Urban Development, Transportation, Energy, and Justice – received a “C” or “D” grade; only the Departments of the Interior, Veteran Affairs, Commerce, and Labor received an “A” or “B” grade.

Interestingly, Cause of Action’s reports over the past three years show that the State Department’s efforts are getting worse, and that the Treasury Department continues to be among the worst agencies on this issue.

 

Law360: LabMD, FTC Data Security Fight Delayed Again

Read the full story: Law360

An administrative law judge has postponed until May 5 the resumption of proceedings in the Federal Trade Commission’s closely watched data security fight with LabMD Inc., marking the latest delay in a case that has been on hold for almost a year.

 

In an order dated Thursday, Chief Administrative Law Judge D. Michael Chappell revealed that the evidentiary hearing in the case, which was scheduled to resume on March 19, would instead be rescheduled to May 5.

 

The order offered no reason for the extension, saying only that the decision was “based upon good cause” and had been made following a conference call with the parties during which there had been no objections. The case has been on hold since May 30, when witness Rick Wallace revealed a congressional investigation into a key player in the FTC’s case.

 

“The judge told us the hearing was postponed, so we’ll show up on May 5 and we’ll see what Mr. Wallace has to say then,” Reed Rubinstein, a Dinsmore & Shohl LLP partner and the senior vice president of litigation at Cause of Action, which is representing LabMD in the administrative proceeding, told Law360 on Monday.

E&E News: Interior gets high marks for FOIA responses — report

Read the full story: E&E News

The Interior Department received a high grade for its responsiveness to the Freedom of Information Act in a study released today by a government watchdog group.

 

The report card by conservative-leaning Cause of Action gave Interior an A when it came to replying to FOIA requests. The study looked at average FOIA response times in fiscal 2014 for the 15 Cabinet departments. Those figures were taken from the agencies’ annual FOIA reports.

 

Others in the government didn’t fare as well on the report card. The Department of Energy earned a D, as did the State Department, which has come under scrutiny for its handling of public records after former Secretary of State Hillary Clinton was found to have been using a private email account. Eleven agencies received a C or worse from the group.

 

The Inquisitr: Hillary Clinton Unsecured Email Scandal – A Lot Of Hot Air Over Nothing

Read the full story: The Inquisitr

Giving her first press conference in over two years, Hillary Clinton faced the cameras yesterday, denying any illegality in her actions concerning use of a private, unsecured email account for business purposes.

 

Journalists are hungry for the truth, as is America, following Mrs Clinton’s refusal to hand over the server employed while using the email address hrd22@clintonemail.com, the Daily Mail reports. Originally run out of the Clintons’ home in Chappaqua, New York, this was the sole email address Clinton used while in the Obama administration. The Republicans are calling for a thorough investigation into the matter, fearing a breach of security, and no doubt in an effort to mar favor for Hillary in the run up to announcing her run for the 2017 presidency next month…

 

Dan Epstein, Executive Director of the conservative watchdog group, Cause of Action, remains adamant that a “full investigation” be carried out.

 

“It belies the spirit of openness and transparency in government. It keeps the public in the dark, and it raises serious national security concerns.”

 

Law360: LabMD Rips 11th Circ. For Refusing FTC Data Security Suit

Read the full story: Law360

The Eleventh Circuit’s refusal to weigh in on a complaint from the Federal Trade Commission accusing LabMD Inc. of failing to safeguard patient information unlawfully shifts the balance of power between agencies and courts, the company recently said in a request for an en banc rehearing…

 

Reed Rubinstein, an attorney for LabMD and senior vice president of litigation at nonprofit Cause of Action, told Law360 on Wednesday that his client shouldn’t have to wait for the FTC proceeding to play out when there’s no doubt about its outcome.

 

“If the process is going to result in an outcome that is, for all intents and purposes, predetermined, what is the justification for requiring a person or a company to have to go through that process in order to obtain judicial review?” Rubinstein asked.

Politico: EMAIL SAGA CONTINUES

Read the full story: Politico

Cause of Action, the right-leaning government watchdog group, has filed three new FOIA requests with the State Department to recover some of Hillary Clinton’s State Department emails. The first, delivered to the department’s IG, seeks “documents relating to any review, audit or investigation, whether merely considered, ongoing or completed, concerning Secretary’s Clinton’s compliance with electronic recordkeeping requirements and use of personal devices for agency business,” as well as any emails she might have sent to the White House — correspondence the group contends would prove high-level officials knew Clinton was using a personal email account. The other FOIAs take aim at whether Clinton received any records management training or waivers from federal rules. The FOIAs: http://bit.ly/1EObZ8y

Headlines & Global News: Clinton Maintains Innocence In Email Scandal While Others Question If She Could Be Prosecuted

Read the full story: Headlines & Global News

Former Secretary of State Hillary Clinton on Tuesday defended her use of a private email address during her tenure as the U.S.’s top diplomat, saying that it was more convenient to use one device for both her government work and personal life, though she admitted she would have done things different in retrospect.

 

“Looking back it would have been better to use separate phones and two separate e-mail accounts,” Clinton said following a keynote address at a Women’s Empowerment Principles event at the United Nations in New York. “I thought using one device would be simpler; obviously, it hasn’t worked out that way.”…

 

“The only reason to use a private email system for official government communication is to keep information from becoming public and covering your tracks,” Cause of Action Executive Director Dan Epstein said in an email to reporters, according to The Daily Caller. “Sec. Clinton should have known that what she was doing violated the letter and spirit of the law. This isn’t a matter of poor judgment; this is a deliberate and orchestrated violation of the public trust that raises serious legal and ethical concerns.”