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Cause of Action Institute Files Opening Brief in Appeal for Clinton Emails

June 20, 2016 by

Washington, DC – Cause of Action Institute (CoA Institute) and Judicial Watch, Inc. today filed a joint brief with the U.S. Court of Appeals for the District of Columbia arguing that email records from the private server of former Secretary of State Hillary Clinton likely exist and have yet to be recovered by the State Department in accordance with the Federal Records Act. This evidence was ignored in a previous decision by the lower court.

On December 5, 2014, twenty-two months after Sec. Clinton left office, paper copies of 30,490 work-related emails were delivered to the State Department. However, Secretary Clinton held back an additional 31,830 emails, which her attorneys declared to be personal records. None of those additional emails were reviewed by anyone at the State Department or the National Archives and Records Administration (NARA).

CoA Institute President and CEO, and former federal judge, Alfred J. Lechner, Jr.: “Former Secretary of State Hillary Clinton did not preserve her emails in accordance with the law and the State Department should be held accountable. Evidence shows that the email Mrs. Clinton belatedly returned to the State Department is an incomplete set. Through its appeal, the Cause of Action Institute seeks to compel Secretary Kerry and NARA to recover all of Mrs. Clinton’s email records in accordance with the Federal Records Act.”

The brief shows the defendants have refused to initiate action through the Attorney General to recover a complete and accurate set of all federal records that Secretary Clinton unlawfully removed from State Department custody. The brief follows the release of a recent State Department Office of Inspector General (IG) report that also found Hillary Clinton failed to comply with the Federal Records Act. Consistent with the brief filed today, the IG report found that Mrs. Clinton failed to provide all of her emails to the State Department.

Cause of Action Institute filed its initial complaint on July 8, 2015 in federal court in Washington, D.C. The defendants in that suit argued the case was moot because the State Department received 55,000 pages of emails from Mrs. Clinton.  The district court agreed with defendants and dismissed the suit. Today’s filing presents compelling evidence that contradicts the lower court’s decision.  Cause of Action Institute’s case has been consolidated with a similar case by Judicial Watch.

Filed Under: Press Release, News, Filing

Sec. Kerry bows to pressure, orders further investigation into video edit after Cause of Action Institute floats criminal referral

June 9, 2016 by

In Case You Missed It…

 

As reported by Washington Examiner:

Secretary of State John Kerry has ordered the State Department to re-examine how a video of a 2013 press briefing came to be edited to remove a sensitive discussion about the Iran nuclear agreement. Last week, spokesmen for the department said it hit a “dead end” in its investigation, which failed to determine who ordered the video to be edited. But on Wednesday, spokesman Mark Toner said Kerry insisted that officials try again.

“Given the secretary’s strong interest, given Congress’ strong interest and given the media’s strong interest, we’ve decided to continue to look at that,” he said. Kerry had called the entire episode “stupid” and “clumsy.” “Basically because the secretary said he wants to dive deeper into this, [State will] look more into what happened, and try to get to the bottom of what happened,” he said.

…Toner did indicate that it may not be too hard to figure out the mystery eventually. He said just a handful of people could have been involved in the scheme. “I don’t want to call them … suspects, but they might have been aware of what was happening or what happened, and it’s probably about four or five people,” he said.

 Last week:

Cause of Action Institute (CoA Institute) sent a letter to Secretary of State John Kerry and State Department Inspector General (IG) Steve Linick following confirmation that a yet-to-be named staffer deleted approximately eight minutes from the video record of the Department’s December 2, 2013 press briefing.

“Although the video has now been restored, this deletion raises numerous questions about the State Department commitment to transparency and honest dealing with the American public,” the letter states. “It also has possible criminal implications. It is a federal crime to unlawfully remove, destroy, or mutilate a federal record. The State Department has also revealed that this unnamed staffer did not act alone but that she received a phone call and was told to alter the record.”

To date, there is no evidence that federal authorities have begun any criminal investigation of State Department staff conduct under 18 U.S.C. § 2071 regarding this matter. Moreover, the State Department has stated it would no longer investigate this matter, even with considerable gaps in the information still outstanding.

The letter states: “As the head of the State Department and its Office of Inspector General, respectively, you each have an obligation to refer matters to the Attorney General whenever there is a reason to believe that a violation of federal criminal law has occurred.”

Cause of Action Institute is seeking more information to understand whether this incident could include criminal charges for aiding and abetting or conspiracy under 18 U.S.C. § 371.

The letter requests that Sec. Kerry and the IG immediately refer and report the relevant staff to the Attorney General for possible criminal violations of this statute arising from their alteration of the video record of the Department’s December 2, 2013 press briefing.

The full letter can be found HERE.

 

 

 

Filed Under: Blog

Cause of Action Institute Seeks Criminal Investigation Referral for State Department Censorship of Press Briefing Video

June 6, 2016 by

Washington, DC – Cause of Action Institute (CoA Institute) today sent a letter to Secretary of State John Kerry and State Department Inspector General (IG) Steve Linick following confirmation that a yet-to-be named staffer deleted approximately eight minutes from the video record of the Department’s December 2, 2013 press briefing.

“Although the video has now been restored, this deletion raises numerous questions about the State Department commitment to transparency and honest dealing with the American public,” the letter states. “It also has possible criminal implications. It is a federal crime to unlawfully remove, destroy, or mutilate a federal record. The State Department has also revealed that this unnamed staffer did not act alone but that she received a phone call and was told to alter the record.”

To date, there is no evidence that federal authorities have begun any criminal investigation of State Department staff conduct under 18 U.S.C. § 2071 regarding this matter. Moreover, the State Department has stated it would no longer investigate this matter, even with considerable gaps in the information still outstanding.

The letter states: “As the head of the State Department and its Office of Inspector General, respectively, you each have an obligation to refer matters to the Attorney General whenever there is a reason to believe that a violation of federal criminal law has occurred.”

Cause of Action Institute is seeking more information to understand whether this incident could include criminal charges for aiding and abetting or conspiracy under 18 U.S.C. § 371.

The letter requests that Sec. Kerry and the IG immediately refer and report the relevant staff to the Attorney General for possible criminal violations of this statute arising from their alteration of the video record of the Department’s December 2, 2013 press briefing.

The full letter can be found HERE.

Filed Under: Media, Blog, News

Cause of Action Institute Seeks Referral for Criminal Investigation for State Department Censorship of Press Briefing Video

June 6, 2016 by

Washington, DC – Cause of Action Institute (CoA Institute) today sent a letter to Secretary of State John Kerry and State Department Inspector General (IG) Steve Linick following confirmation that a yet-to-be named staffer deleted approximately eight minutes from the video record of the Department’s December 2, 2013 press briefing.

“Although the video has now been restored, this deletion raises numerous questions about the State Department commitment to transparency and honest dealing with the American public,” the letter states. “It also has possible criminal implications. It is a federal crime to unlawfully remove, destroy, or mutilate a federal record. The State Department has also revealed that this unnamed staffer did not act alone but that she received a phone call and was told to alter the record.”

To date, there is no evidence that federal authorities have begun any criminal investigation of State Department staff conduct under 18 U.S.C. § 2071 regarding this matter. Moreover, the State Department has stated it would no longer investigate this matter, even with considerable gaps in the information still outstanding.

The letter states: “As the head of the State Department and its Office of Inspector General, respectively, you each have an obligation to refer matters to the Attorney General whenever there is a reason to believe that a violation of federal criminal law has occurred.”

Cause of Action Institute is seeking more information to understand whether this incident could include criminal charges for aiding and abetting or conspiracy under 18 U.S.C. § 371.

The letter requests that Sec. Kerry and the IG immediately refer and report the relevant staff to the Attorney General for possible criminal violations of this statute arising from their alteration of the video record of the Department’s December 2, 2013 press briefing.

Filed Under: Media, Press Release

Cause of Action Institute Sues CIA over FOIA Political Influence Records

June 2, 2016 by

Washington, DC – Cause of Action Institute (CoA Institute) today filed a complaint in the U.S. District Court for the District of Columbia against the Central Intelligence Agency (CIA) seeking access to records concerning the undue influence of political appointees in processing Freedom of Information Act (FOIA) requests.  The requested records were created by the CIA Office of Inspector General (OIG) but are accessible under FOIA through the CIA. The CIA is one of the few agencies that has refused to release the relevant records without sufficient explanation.

CoA Institute President & CEO, and former federal judge, Alfred J. Lechner, Jr.: “All federal agencies have the obligation to efficiently and effectively respond to FOIA requests. After three years, the CIA has demonstrated it has no intention of providing the requested documents in a timely manner. The current administration has neglected its duties under FOIA and allowed federal agencies to undermine transparency requirements. Despite numerous media reports that have criticized the Obama administration for its poor efforts to ensure transparency and openness, agencies continued to abuse the law and permit political appointees to insert themselves into the FOIA process.”

Congress requested the OIGs of several agencies to conduct audits of their FOIA programs looking into inappropriate influence of political appointees in the processing of records requests.  In two seperate FOIA requests, CoA Institute requested the CIA OIG’s final reports, but the agency has yet to produce the documents.  In one case, the CIA has stonewalled CoA Institute for three years and has twice indicated that it “will not acknowledge or respond to any additional queries regarding the status” of the CoA Institute FOIA request.

FOIA requires an agency to respond to a request within twenty business days or, in “unusual circumstances,” within thirty business days. Although President Obama came into office with promises of transparency, his administration’s actions have not matched such rhetoric.  Under a non-public 2009 White House memorandum, federal agencies were instructed to consult with Office of White House Counsel before producing any documents that involve so-called “White House equities.” The result of this memo is the unlawful expansion of White House control of agency FOIA processes and usurped agency responsibility for finalizing determinations.  Additionally, agencies have politicized FOIA processes by creating “sensitive review” procedures that permit political appointees and agency press officials to intervene in and obstruct the processing of FOIA requests.

In May, Cause of Action Institute filed a lawsuit against 11 federal agencies and the White House to end the Obama administration’s practice of delaying government responses to FOIA requests that the administration considers politically sensitive or embarrassing. Read more HERE.

To access the complaint filed today against the CIA click HERE.

Filed Under: Media, Press Release

#TBT – Prescient CoA Institute Report Anticipated Clinton Email Scandal

June 2, 2016 by

In July 2012, CoA Institute published “Gmail.gov: When Politics Gets Personal, Does the Public Have a Right to Know?” in the Federalist Society legal journal Engage.[1]  More than two years before Secretary Clinton’s decision to use a personal email address and private server to conduct official government business first came to light, CoA Institute warned:

“The practical reality is that … federal agency employees have and will continue to conduct agency business using personal e-mail accounts and personal communications devices.  Until Congress or the courts definitively clarify whether these work-related communications are subject to FOIA’s disclosure provisions, a dangerous loophole enabling unscrupulous agency employees to intentionally evade the light of public scrutiny may exist.”

CoA Institute noted the practical and technical problems associated with obtaining “agency-business-related communications that are never captured on government computers or servers,” which are nonetheless agency records subject to the Freedom of Information Act (FOIA)—a federal transparency statute.  But as CoA Institute said in 2012, “federal executive branch agency personnel should not be able to use personal communications devices, such as home computers and personal e-mail accounts, to intentionally circumvent the FOIA’s disclosure provisions and evade public scrutiny of their professional conduct.”

A May 2016 State Department Inspector General report examining Secretary Clinton’s use of a private email account and server to conduct government business has now confirmed CoA Institute’s suspicions, illustrating the need for action. The IG Report reveals email correspondence suggesting that the private Clinton server and Clintonemail.com were used, at least in part, to intentionally shield Clinton’s work-related communications from public disclosure under FOIA:

“In August 2011, … [t]he then-Executive Secretary informed staff of his intent to provide two devices for the Secretary to use: ‘one with an operating State Department email account (which would mask her identity, but which would also be subject to FOIA requests)….’ In another email exchange, the Director of S/ES-IRM noted that an email account and address had already been set up for the Secretary and also stated that ‘you should be aware that any email would go through the Department’s infrastructure and subject to FOIA searches.’ However, the Secretary’s Deputy Chief of Staff rejected the proposal to use two devices, stating that it ‘doesn’t make a whole lot of sense.’ OIG found no evidence that the Secretary obtained a Department address or device after this discussion.”

The IG report indicates that Clinton’s email practices were driven, at least in part, by a sophisticated understanding of FOIA and a deliberate effort to frustrate the public’s right to know what the government is up to, as CoA Institute warned in 2012.

[1] Cause of Action Institute, Gmail.gov: When Politics Gets Personal, Does the PublicHave a Right to Know?, Engage, Vol. 13, Issue 2 (July 2012), available at http://www.fed-soc.org/publications/detail/gmailgov-when-politics-gets-personal-does-the-public-have-a-right-to-know (last visited June 1, 2016).

Filed Under: Blog

IG Report on Clinton Email Consistent with CoA Complaint

May 25, 2016 by

Washington, DC – Cause of Action (CoA) Institute President and CEO and former Federal Judge Alfred J. Lechner, Jr. today released the following statement following the release of a State Department Office of Inspector General (IG) report that found Hillary Clinton failed to comply with the Federal Records Act during her tenure as Secretary of State. The report found that Mrs. Clinton has not provided all of her emails to the State Department, which contradicts previous statements before the courts.

CoA Institute President & CEO Alfred J. Lechner, Jr.: “News reports today that the Department of State Office of Inspector General has determined that former Secretary of State Hillary Clinton did not use the ‘appropriate method’ for preserving her emails support Cause of Action Institute’s work to hold the State Department accountable for its violations of the Federal Records Act. The Inspector General found that the emails Mrs. Clinton belatedly returned to the State Department are an ‘incomplete’ set. Cause of Action Institute will continue to seek to compel Secretary Kerry and the National Archives and Records Management Administration to perform their statutory duties to recover all of Mrs. Clinton’s email records.”

The report states:

“Secretary Clinton should have preserved any Federal records she created and received on her personal account by printing and filing those records with the related files in the Office of the Secretary. At a minimum, Secretary Clinton should have surrendered all emails dealing with Department business before leaving government service and, because she did not do so, she did not comply with the Department’s policies that were implemented in accordance with the Federal Records Act.”

On July 8, 2015, Cause of Action Institute filed a complaint in federal court in Washington, DC to compel Secretary of State John Kerry and Archivist of the United States David Ferriero to initiate action through the Attorney General to recover all of the records Mrs. Clinton unlawfully alienated from the State Department.  The defendants in that suit argued the case was moot because the State Department received 55,000 pages of emails from Mrs. Clinton.  The district court agreed with defendants and dismissed the suit.  The case is currently on appeal in the U.S. Court of Appeals for the District of Columbia Circuit.

Today’s revelations support the position of Cause of Action Institute, as the State Department Office of Inspector General has concluded that not only did Mrs. Clinton fail to comply with the law, but that the State Department has not recovered all of the records.

Filed Under: Press Release Tagged With: ,