Obama operatives stripped Judicial Watch of ‘media’ status, overcharged for FOIA requests
By Stephen Dinan - The Washington Times
Thursday, September 29, 2016
Political operatives within the Obama administration wrongly punished conservative legal group Judicial Watch, stripping it of “media” status and trying to force it to pay higher fees for its open records requests, the General Services Administration inspector general said in a letter released Thursday.
The GSA botched several high-profile open records requests, delaying them for months while political appointees got involved, Inspector General Carol F. Ochoa said. The findings were released while the administration was facing charges of slow-walking open records requests for Hillary Clinton’s emails, as well as other requests.
In the case of Judicial Watch, the order to strip it of media status came from political operatives with long ties to Democratic causes — and even from the White House.
The inspector general said the decision came at the behest of Gregory Mecher, a former Democratic campaign fundraiser who at the time was liaison to the White House. He is married to Jen Psaki, a longtime spokeswoman with the Obama administration and its election campaigns.
Ms. Ochoa said stripping Judicial Watch of media status violated several agency policies and things got worse when the GSA denied an appeal by the group.
The same person who ruled on the initial request also ruled on the appeal, “contrary to GSA procedures,” the inspector general said.
Judicial Watch ended up suing over the request, the agency finally agreed to waive all fees and even ended up paying Judicial Watch $750 as part of the settlement.
Tom Fitton, president of Judicial Watch, questioned the agency’s decision to fight a losing case that ended up costing it money.
“It’s outrageous but not surprising. Welcome to our world. This is what we put up with all the time from the agencies,” he said.
President Obama promised an era of transparency when it came to open records requests under the Freedom of Information Act, which is the chief way for Americans to pry loose data from the federal government.
Despite the president’s exhortations, the government is increasingly fighting requests, forcing the public to file lawsuits to look at information.
Last year, the administration spent $31.3 million to fight FOIA cases — more than twice the $15.4 million the administration spent in 2008, the final year under President George W. Bush.
The GSA has not been one of the major offenders, reporting no FOIA legal spending in 2015 and just $11,000 a year in 2014 and 2013, when it faced Judicial Watch’s lawsuit and paid the $750 settlement.
That doesn’t mean the agency has been operating cleanly. In a 2010 letter, a previous inspector general said the agency botched a request seeking information about GSA communications with House Minority Leader Nancy Pelosi and two other Democrats.
White House officials got involved and further delayed the request, the inspector general said.
Ms. Ochoa said in her letter that she found three bungled cases in the five years since that 2010 investigation. A 2013 request for records mentioning Donald Trump — now the Republican presidential nominee — took 242 days, five times the average. A 2012 request seeking information on GSA bonuses was blocked for 515 days.
The Judicial Watch request, though, was the most striking.
The group was trying to get a look at a goofy video produced by the agency’s New York office on company time and using company resources. The GSA at the time was facing fierce criticism from Capitol Hill for having wasted money on lavish conferences with questionable team-building activities such as the video.
Judicial Watch asked to be treated similar to a member of the media, which would mean an exemption from fees. Two weeks earlier, Judicial Watch was approved for the media exemption.
But ahead of the GSA request, Mr. Mecher, the political appointee with ties to the White House, requested that Judicial Watch’s status be re-examined, investigators said. Elliot Mincberg, a lawyer with deep Democratic ties who was on loan to the GSA at the time, issued a determination rejecting Judicial Watch as a media requester.
Ms. Ochoa said the justification for that was weak — a page from a Justice Department guide that predated the current law governing the definition of media. Mr. Mincberg “did not conduct any independent legal research” about the 2007 law, and that “shows a lack of due diligence,” Ms. Ochoa concluded.
The GSA then failed to follow its own procedures in its denial letter — despite internal misgivings — and again in mishandling the appeal, Ms. Ochoa wrote.
“Why are White House liaisons involved in our FOIA request?” said Mr. Fitton, the Judicial Watch president.
Mr. Mecher, who is now a top congressional staffer in the office of Rep. Joseph P. Kennedy III, did not respond to an email seeking comment on his role.
Mr. Mincberg said in an email that he “performed a relatively minor task” at Mr. Mecher’s request but declined to elaborate, saying he was acting at the time as an attorney for the agency and would need its approval to speak more.
Mr. Mincberg had been lent to the GSA as a FOIA troubleshooter — though his arrival was met with skepticism. Ms. Ochoa reported that one senior lawyer emailed a colleague saying, “This will not end well.”
Later, Mr. Mincberg would run into trouble at the Department of Housing and Urban Development, where he was a senior attorney.
In 2014, that department’s inspector general cited him for obstructing an investigation into the deputy secretary. Mr. Mincberg was accused of withholding information from investigators, appearing to coach witnesses and, during one interview, threatening to bring charges against the investigators themselves.
GSA spokeswoman Ashley Nash-Hahn did not respond to specific questions about Mr. Mincberg or Mr. Mecher, but insisted that her agency had improved its handling of FOIA requests. She said the agency has a new tracking system and increased training and coordination.
“With these improvements, GSA accelerated its processing time from an average of 21 days for simple requests and 63 days for complex requests in fiscal year 2013 to 12 days for simple requests and 46 days for complex requests last fiscal year,” she said.
Judicial Watch is fighting a series of court cases to get a look at Mrs. Clinton’s emails from the State Department and has other cases pending against the CIA, the Pentagon, the Justice Department and the IRS.
A case against the Homeland Security Department, in which Judicial Watch argued that the department regularly obstructed its requests, was dismissed Thursday.
Judge Richard J. Leon, sitting in U.S. District Court for the District of Columbia, ruled that delays for Judicial Watch’s requests weren’t enough to prove that Homeland Security was violating its policies.
“Judicial Watch points to no fact or statement to establish why the requests were delayed or how the delays were the result of an either formal or informal DHS policy or practice to violate FOIA’s requirements, rather than an inevitable but unintended delay attributable to a lack of resources,” the judge wrote.
http://m.washingtontimes.com/news/2016/sep/29/obama-operatives-stripped-judical-watch-of-media-s/
By Stephen Dinan - The Washington Times
Thursday, September 29, 2016
Political operatives within the Obama administration wrongly punished conservative legal group Judicial Watch, stripping it of “media” status and trying to force it to pay higher fees for its open records requests, the General Services Administration inspector general said in a letter released Thursday.
The GSA botched several high-profile open records requests, delaying them for months while political appointees got involved, Inspector General Carol F. Ochoa said. The findings were released while the administration was facing charges of slow-walking open records requests for Hillary Clinton’s emails, as well as other requests.
In the case of Judicial Watch, the order to strip it of media status came from political operatives with long ties to Democratic causes — and even from the White House.
The inspector general said the decision came at the behest of Gregory Mecher, a former Democratic campaign fundraiser who at the time was liaison to the White House. He is married to Jen Psaki, a longtime spokeswoman with the Obama administration and its election campaigns.
Ms. Ochoa said stripping Judicial Watch of media status violated several agency policies and things got worse when the GSA denied an appeal by the group.
The same person who ruled on the initial request also ruled on the appeal, “contrary to GSA procedures,” the inspector general said.
Judicial Watch ended up suing over the request, the agency finally agreed to waive all fees and even ended up paying Judicial Watch $750 as part of the settlement.
Tom Fitton, president of Judicial Watch, questioned the agency’s decision to fight a losing case that ended up costing it money.
“It’s outrageous but not surprising. Welcome to our world. This is what we put up with all the time from the agencies,” he said.
President Obama promised an era of transparency when it came to open records requests under the Freedom of Information Act, which is the chief way for Americans to pry loose data from the federal government.
Despite the president’s exhortations, the government is increasingly fighting requests, forcing the public to file lawsuits to look at information.
Last year, the administration spent $31.3 million to fight FOIA cases — more than twice the $15.4 million the administration spent in 2008, the final year under President George W. Bush.
The GSA has not been one of the major offenders, reporting no FOIA legal spending in 2015 and just $11,000 a year in 2014 and 2013, when it faced Judicial Watch’s lawsuit and paid the $750 settlement.
That doesn’t mean the agency has been operating cleanly. In a 2010 letter, a previous inspector general said the agency botched a request seeking information about GSA communications with House Minority Leader Nancy Pelosi and two other Democrats.
White House officials got involved and further delayed the request, the inspector general said.
Ms. Ochoa said in her letter that she found three bungled cases in the five years since that 2010 investigation. A 2013 request for records mentioning Donald Trump — now the Republican presidential nominee — took 242 days, five times the average. A 2012 request seeking information on GSA bonuses was blocked for 515 days.
The Judicial Watch request, though, was the most striking.
The group was trying to get a look at a goofy video produced by the agency’s New York office on company time and using company resources. The GSA at the time was facing fierce criticism from Capitol Hill for having wasted money on lavish conferences with questionable team-building activities such as the video.
Judicial Watch asked to be treated similar to a member of the media, which would mean an exemption from fees. Two weeks earlier, Judicial Watch was approved for the media exemption.
But ahead of the GSA request, Mr. Mecher, the political appointee with ties to the White House, requested that Judicial Watch’s status be re-examined, investigators said. Elliot Mincberg, a lawyer with deep Democratic ties who was on loan to the GSA at the time, issued a determination rejecting Judicial Watch as a media requester.
Ms. Ochoa said the justification for that was weak — a page from a Justice Department guide that predated the current law governing the definition of media. Mr. Mincberg “did not conduct any independent legal research” about the 2007 law, and that “shows a lack of due diligence,” Ms. Ochoa concluded.
The GSA then failed to follow its own procedures in its denial letter — despite internal misgivings — and again in mishandling the appeal, Ms. Ochoa wrote.
“Why are White House liaisons involved in our FOIA request?” said Mr. Fitton, the Judicial Watch president.
Mr. Mecher, who is now a top congressional staffer in the office of Rep. Joseph P. Kennedy III, did not respond to an email seeking comment on his role.
Mr. Mincberg said in an email that he “performed a relatively minor task” at Mr. Mecher’s request but declined to elaborate, saying he was acting at the time as an attorney for the agency and would need its approval to speak more.
Mr. Mincberg had been lent to the GSA as a FOIA troubleshooter — though his arrival was met with skepticism. Ms. Ochoa reported that one senior lawyer emailed a colleague saying, “This will not end well.”
Later, Mr. Mincberg would run into trouble at the Department of Housing and Urban Development, where he was a senior attorney.
In 2014, that department’s inspector general cited him for obstructing an investigation into the deputy secretary. Mr. Mincberg was accused of withholding information from investigators, appearing to coach witnesses and, during one interview, threatening to bring charges against the investigators themselves.
GSA spokeswoman Ashley Nash-Hahn did not respond to specific questions about Mr. Mincberg or Mr. Mecher, but insisted that her agency had improved its handling of FOIA requests. She said the agency has a new tracking system and increased training and coordination.
“With these improvements, GSA accelerated its processing time from an average of 21 days for simple requests and 63 days for complex requests in fiscal year 2013 to 12 days for simple requests and 46 days for complex requests last fiscal year,” she said.
Judicial Watch is fighting a series of court cases to get a look at Mrs. Clinton’s emails from the State Department and has other cases pending against the CIA, the Pentagon, the Justice Department and the IRS.
A case against the Homeland Security Department, in which Judicial Watch argued that the department regularly obstructed its requests, was dismissed Thursday.
Judge Richard J. Leon, sitting in U.S. District Court for the District of Columbia, ruled that delays for Judicial Watch’s requests weren’t enough to prove that Homeland Security was violating its policies.
“Judicial Watch points to no fact or statement to establish why the requests were delayed or how the delays were the result of an either formal or informal DHS policy or practice to violate FOIA’s requirements, rather than an inevitable but unintended delay attributable to a lack of resources,” the judge wrote.
http://m.washingtontimes.com/news/2016/sep/29/obama-operatives-stripped-judical-watch-of-media-s/
Today at 5:15 am by Rocky
» utube 4/18/24 Iraq: Over 14 Agreements Signed Between Iraq and US BREAKING NEWS from Congress.
Yesterday at 6:28 pm by Rocky
» utube MM&C 4/16/24 IQD Update - Iraq Dinar - America - Activate - Massive Economic Deals -
Yesterday at 6:24 pm by Rocky
» Al-Sudani urges the US corporation Honeywell to help finish the Basra refinery
Yesterday at 3:48 pm by Rocky
» Al-Sudani Meets with Representatives of Western Media Outlets in Washington
Yesterday at 3:46 pm by Rocky
» Chairman of the Investment Authority signs the United Nations Convention on International Mediation
Yesterday at 3:44 pm by Rocky
» PM: We will sign a contract to establish the Al-Faw refinery with a Chinese company
Yesterday at 3:42 pm by Rocky
» PM arrives in Houston as part of his visit to USA
Yesterday at 3:41 pm by Rocky
» Militia Man & Crew 4/18/24 Bush signed it and all presidents implemented it. Iraq’s funds have been
Yesterday at 2:46 pm by Rocky
» Association of Iraqi Private Banks: The suspension of some electronic payment services yesterday was
Yesterday at 8:14 am by Rocky
» Iraq is close to launching the electronic signature
Yesterday at 8:12 am by Rocky
» The Basra government discusses with an international oil company the implementation of social benefi
Yesterday at 8:11 am by Rocky
» The Prime Minister confirms to an American company: Gas projects in Iraq are a priority for the gove
Yesterday at 8:10 am by Rocky
» The Minister of Planning discusses with the World Bank mechanisms for scheduling external loans
Yesterday at 8:09 am by Rocky
» Oil sets the twenty-seventh of this month as the date for opening contracts for the fifth complement
Yesterday at 8:08 am by Rocky
» “Electronic begging”...professionalism and fabrication of stories” generates millions of dinars dail
Yesterday at 8:05 am by Rocky
» Al-Sudani calls on the American company Hanwell to contribute to the completion of the Basra refiner
Yesterday at 8:03 am by Rocky
» An American company expresses its willingness to establish LED lighting production lines in Iraq
Yesterday at 8:02 am by Rocky
» Including Iraq.. Iran announces the possibility of exporting 300 megawatts of “renewable electricity
Yesterday at 8:01 am by Rocky
» Political forces present two options to find an alternative to Al-Halbousi
Yesterday at 7:58 am by Rocky
» Parliament is awaiting the arrival of the budget schedules and the government is studying higher spe
Yesterday at 7:56 am by Rocky
» The International Monetary Fund adjusts its expectations for the development of the world’s economie
Yesterday at 7:54 am by Rocky
» A representative talks about the difficulty of finalizing the file of “electing the Speaker of Parli
Yesterday at 7:50 am by Rocky
» Work on preparing a law for diplomatic passports
Yesterday at 7:49 am by Rocky
» A female representative accuses the Ministry of Immigration of corruption
Yesterday at 7:47 am by Rocky
» Minister: Solving the Kurdistan salaries problem is the beginning of addressing other disputes betwe
Yesterday at 7:45 am by Rocky
» About 270 million dollars were sold by the Central Bank of Iraq in the currency auction
Yesterday at 7:42 am by Rocky
» The volume of trade exchange between Jordan and Iraq will exceed 800 million dinars in 2023
Yesterday at 7:41 am by Rocky
» Iraq signs memorandums of understanding with American companies in the fields of electricity, oil an
Yesterday at 6:31 am by Rocky
» The American company that manufactures the F16 expresses its readiness to implement the terms of con
Yesterday at 6:30 am by Rocky
» The volume of expected Qatari investments for the Iraq Fund for Development exceeds $3.5 billion
Yesterday at 6:29 am by Rocky
» Decrease in dollar prices in Baghdad and Erbil
Yesterday at 6:27 am by Rocky
» The President of the Region brings together the Kurdish parties to resolve the election file
Yesterday at 6:26 am by Rocky
» Al-Sudani receives in Washington the Chairman of JPMorgan
Yesterday at 6:25 am by Rocky
» Transport is starting to transform its ports into smart ones
Yesterday at 6:23 am by Rocky
» Sudanese reveals the volume of exchange with America
Yesterday at 6:22 am by Rocky
» "Al-Eqtisad News" publishes the memorandums of understanding signed between the Iraqi delegation and
Yesterday at 6:21 am by Rocky
» Al-Sudani urges an American company to contribute to establishing a chemical materials factory
Yesterday at 6:20 am by Rocky
» Iraq stresses the importance of Lockheed Martin's commitment to opening military aircraft maintenanc
Yesterday at 6:19 am by Rocky
» Iraq is on the verge of a “water disaster” by 2035
Yesterday at 6:18 am by Rocky
» Great satisfaction and optimism with the results of Sudanese’s visit to Washington
Yesterday at 6:16 am by Rocky
» Transport is beginning to adopt a plan to transform its ports into smart ones
Yesterday at 6:15 am by Rocky
» Completed 8,000 loan transactions at the Housing Bank
Yesterday at 6:14 am by Rocky
» Prime Minister: We plan to invest production capacities for export
Yesterday at 6:12 am by Rocky
» Transformation and partnership...a new horizon in Iraqi-American relations
Yesterday at 6:10 am by Rocky
» What is new in the economic dimension of the Washington visit?
Yesterday at 6:09 am by Rocky
» Two letters to the future
Yesterday at 6:08 am by Rocky
» National interests first
Yesterday at 6:06 am by Rocky
» Iraqi-American rapprochement...a national necessity
Yesterday at 6:05 am by Rocky
» Al-Sudani’s visit to Washington and the course of Iraqi-American relations
Yesterday at 6:04 am by Rocky
» Sudanese carries security, economic and development files to Washington
Yesterday at 6:03 am by Rocky
» Armament and military development... features of a sustainable partnership
Yesterday at 6:02 am by Rocky
» Analysts: Sudanese's visit to Washington will achieve excellent results in the future
Yesterday at 6:01 am by Rocky
» Iraqi-American relations...the legacy of the past and the aspirations of partnership
Yesterday at 6:00 am by Rocky
» Sudanese and external necessities
Yesterday at 5:59 am by Rocky
» The Strategic Framework Agreement... 7 important provisions
Yesterday at 5:58 am by Rocky
» Joint statement of the Iraqi-American discussions
Yesterday at 5:56 am by Rocky
» Supreme Coordinating Committee: Iraq's role is vital to the security and prosperity of the region
Yesterday at 5:55 am by Rocky
» Towards an effective bilateral economic relationship between Baghdad and Washington
Yesterday at 5:53 am by Rocky
» She saw it as a new, different chapter in Iraqi-American relations... Al-Sudani’s visit to Washingto
Yesterday at 5:52 am by Rocky
» Al-Sudani’s visit to Washington.. Implications and results
Yesterday at 5:51 am by Rocky
» Advisor to the Prime Minister: The relationship with America has moved to the stage of cooperation
Yesterday at 5:50 am by Rocky
» Sudanese sponsors the signing ceremony of memorandums of understanding in America
Yesterday at 5:47 am by Rocky
» Al-Sudani: The volume of exchange between Iraq and the United States does not exceed 10 billion doll
Yesterday at 5:46 am by Rocky
» During Erdogan's visit on Monday, Iraq seeks to sign the "Water Protocol" with Türkiye
Yesterday at 5:45 am by Rocky
» With the escalation of tension between Tehran and Tel Aviv...an expert reveals the secrets of Sudane
Yesterday at 5:43 am by Rocky
» There are 150 draft laws on the parliament table waiting to be voted on... and the debates require c
Yesterday at 5:42 am by Rocky
» Al-Sudani stresses the necessity of continuing the dialogue with the US Treasury, the Federal Reserv
Yesterday at 5:41 am by Rocky
» Deputy: We reject the term sanctions, and Iraq is financially independent
Yesterday at 5:38 am by Rocky
» Warnings of a “political impasse” after Barzani’s boycott of the elections... Al-Sadr raises questio
Yesterday at 5:37 am by Rocky
» The head of the Kurdistan Regional Government’s representative office in Baghdad visits the external
Yesterday at 5:36 am by Rocky
» Al-Sudani: There are no combat forces in Iraq to withdraw.. The Iraqi Prime Minister confirmed in Wa
Yesterday at 5:34 am by Rocky
» Do the Iraqi political blocs really intend to hold the second early elections?
Yesterday at 5:33 am by Rocky
» Baghdad is not aware of the factions’ participation in the attack on Israel, and Washington is revie
Yesterday at 5:32 am by Rocky
» Progress: Al-Halbousi may return to the presidency of Parliament
Yesterday at 5:30 am by Rocky
» Al-Sudani: Iraq has distinguished relations with Iran and America
Yesterday at 5:30 am by Rocky
» Minister of Industry: Iraq is not a rich country and the electricity problem will not be solved even
Yesterday at 5:29 am by Rocky
» A prospective law to employ prisoners and detainees... job and retirement opportunities similar to E
Yesterday at 5:27 am by Rocky
» Sako in Baghdad.. Three possible scenarios for his return after the “withdrawal of the decree” crisi
Yesterday at 5:26 am by Rocky
» Parliamentary Integrity reveals a move with the judiciary to recover TBI Bank’s funds
Yesterday at 5:24 am by Rocky
» Iraq signs 18 memorandums of understanding with Washington
Yesterday at 5:22 am by Rocky
» An Iraqi judicial delegation arrives in Syria to discuss terrorism files and document ISIS crimes
Yesterday at 5:21 am by Rocky
» A plan to exploit new lands...the latest developments in the wheat, barley and rice season in Iraq
Yesterday at 5:19 am by Rocky
» Al-Abadi accuses oil companies of causing 70% of the cancer rate in Basra
Yesterday at 5:17 am by Rocky
» Justice announces the formation of a higher committee to resolve the state’s real estate file
Yesterday at 5:16 am by Rocky
» Deputy: Iraq seeks to sign the “Water Protocol” with Türkiye
Yesterday at 5:15 am by Rocky
» Al-Sudani stresses the importance of the American company Lockheed’s commitment to opening military
Yesterday at 5:13 am by Rocky
» The team accompanying Sudanese in Washington: America will hand over to Iraq the antiquities that we
Yesterday at 5:12 am by Rocky
» Al-Sudani sponsors the signing ceremony of memorandums of understanding with American companies
Wed Apr 17, 2024 4:38 pm by Rocky
» MM&C 4/17/24 Saleh: The budget tables are almost complete and will take into account urgent circu
Wed Apr 17, 2024 4:36 pm by Rocky
» Saleh: Private banks in Iraq are considering reorganizing themselves with another government structu
Wed Apr 17, 2024 4:33 pm by Rocky
» Al-Sudani: It is not possible to work in any development sector without reforming the banking sector
Wed Apr 17, 2024 4:32 pm by Rocky
» Minister of Oil: Kurdistan’s exports will soon resume, and the region must hand over its oil to SOMO
Wed Apr 17, 2024 4:30 pm by Rocky
» An economic expert identifies ways for Iraq to get out of oil rents... starting with $350 million
Wed Apr 17, 2024 4:29 pm by Rocky
» Parliamentary Oil: A proposal to establish Iraqi refineries in neighboring countries... and these ar
Wed Apr 17, 2024 4:28 pm by Rocky
» Al-Ardawi: The Sudanese government seeks to liberalize the Iraqi dinar and stabilize the economy
Wed Apr 17, 2024 4:27 pm by Rocky
» MM&C 4/17/24 Al-Sudani receives in Washington the Chairman of JPMorgan
Wed Apr 17, 2024 3:41 pm by Rocky
» MM&C 4/17/24 US Supports Iraq in joining WTO
Wed Apr 17, 2024 3:36 pm by Rocky
» US Supports Iraq in joining WTO
Wed Apr 17, 2024 11:17 am by Rocky