Tag Archives: foia

Featured, Government Corruption, Politics, US

White House Exempts Office of Administration from FOIA Requests

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On Tuesday, the White House published a notice in the Federal Register, deleting the regulation that required the Office of Administration to be subject to public information requests, which would have required a response under the Freedom of Information Act (FOIA).

The Office of Administration is made up of seven offices that are in charge of overseeing the general administration of the entire Executive Office.

The notice published in the Federal Register said that the White House is “removing regulations from the Code of Federal Regulations related to the status of records created and maintained by the Executive Office of the President.”

“This action is being taken in order to align Office of Administration policy with well-settled legal interpretations of the Office of Administration’s status under Federal law and Executive Orders, including the Freedom of Information Act, the Privacy Act of 1974, and Executive Order 13526,” stated the notice.

At a press conference on Tuesday, Press Secretary Josh Earnest claimed that even with the change in rules, the Obama administration is the “most transparent administration in history.” He referred to the repeal as an “administrative change,” and said that it has “no impact on our compliance with the Freedom of Information Act.”

“This change in the regulations is merely an effort to comply with a court ruling that was issued almost six years ago,” said Earnest, referencing an appeals court ruling from 2009 that made the Office of Administration exempt from FOIA. The ruling was the result of a lawsuit filed against the Bush administration by the group Citizens for Responsibility and Ethics in Washington (CREW).

Anne Weismann, a member of CREW, told USA Today that the repeal is “completely out of step with the president’s supposed commitment to transparency.”

“You have a president who comes in and says, ‘I’m committed to transparency and agencies should make discretionary disclosures whenever possible,’ but he’s not applying that to his own White House,” Weismann said.

According to The Hill, the Obama administration has “censored or denied access to records more frequently than ever in 2013” and has “cited more legal reasons than ever for exempting them.”

USA Today noted that the timing of the repeal has “raised eyebrows among transparency advocates,” due to the fact that it was made on National Freedom of Information Day, in the midst of a debate over the preservation of Obama administration records, and during Sunshine Week, which is devoted to news organizations and watchdog groups highlighting issues of government transparency.

 

Government Corruption, Police Accountability, Politics

Judge Grants FOIA Exemption for FBI Files on Plot to Kill Occupy Houston Leaders

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While cataloging the Federal Bureau of Investigation’s efforts to spy on political activists, Massachusetts Institute of Technology graduate student Ryan Shapiro discovered a redacted FBI document, first uncovered by investigative journalist Jason Leopold in 2011, which detailed a plot the bureau had discovered by an unknown individual to “gather intelligence against the leaders of the [Occupy Houston] protest groups and obtain photographs, then formulate a plan to kill the leadership [of the protests] via suppressed sniper rifles.” The Houston Chronicle notes that the would-be assassin’s name has been redacted from the FBI file.

Shapiro first asked the FBI for more documents on the plot back in 2013, but was told that no such documents exist. He then filed suit, forcing the FBI to acknowledge that it has 17 pages worth of documents on the matter. At that time, FBI officials released five redacted pages but refused to release the other 12, claiming that doing so could threaten the privacy of law enforcement officials and expose undercover sources embedded within violent criminal organizations.

VICE notes that, at first, FBI Freedom of Information Act specialist David Hardy attempted to invoke a national security exemption pertaining to a terrorism investigation into activities by Occupy Houston as his rationale for refusing to release the documents, which Judge Rosemary M. Collyer of the US District Court for the District of Columbia rejected, saying, “At no point does Mr. Hardy supply specific facts as to the basis for the FBI’s belief that the Occupy protestors [sic] might have been engaged in terroristic or other criminal activity… Neither the word ‘terrorism’ nor the phrase ‘advocating the overthrow of the government’ are talismanic, especially where FBI purports to be investigating individuals who ostensibly are engaged in protected First Amendment activity.”

According to Courthouse News Service, Shapiro claims that the FBI’s assertion that it was investigating Occupy Houston contradicts a previous FBI statement. Said Shapiro, “The FBI even flatly asserted in a separate FOIA lawsuit of mine that, ‘(T)he FBI determined that it had never opened an investigation on the Occupy movement.'”

However, Judge Collyer did, in the end, rule in favor of the FBI’s claim that the remaining 12 confidential pages from the report are exempt from Freedom of Information Act requests and that their release would threaten the privacy of law enforcement agents working on the case, would interfere with an investigation, and would expose confidential sources, possibly leading to retaliation against them.

Said Shapiro of the ruling, “I’m of course disappointed in, and disagree with, the judge’s ruling. I’m now conferring with my attorney to determine next steps… We are coming ever closer to finally forcing the FBI to concede it actually possesses a large volume of documents about this FBI-coordinated nationwide investigation of political protesters as supposed terroristic threats to national security.”

While Shapiro’s motive in uncovering the documents is to discover what information the FBI has been capturing on Occupy protesters who have never been accused or suspected of a crime, journalist Dave Lindorff wondered aloud about the documents’ implications in an article on WhoWhatWhy.org, asking, “Did the FBI ignore, or even abet, a plot to assassinate Occupy Houston leaders?” Noted Lindorff, “Solid information about an assassination plot against American citizens exercising their Constitutional right to free speech and assembly never led to exposure of the plotters’ identity or an arrest.”

 

Featured, Technology, US

FBI does not want citizens to know about ‘stingray’ phone trackers

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The FBI has reportedly told various police departments throughout the U.S. to keep their use of “stingray” cellphone trackers quiet and to not inform the public of their use.

A “stingray” is a cellphone signal interception device which, according to the Daily Caller, may appear to citizens as regular cellphone towers. These trackers trick cellphones and similar devices into connecting with the tracker and once connected, whoever controls the “stingray” can access the device’s call records, texts, location, and other metadata.

Originally, the trackers were developed by the Harris Corporation for use in anti-terrorism operations throughout the U.S. in conjunction with the FBI. However, these trackers have been reportedly used in routine police work in recent years, often without a warrant. The Harris Corporation and FBI have remained silent about the full extent of the technology’s capabilities.

In order to keep the technology’s capabilities quiet, the U.S. marshals have been sent to seize physical documentation from a Florida police station which reportedly detailed the use of the trackers by the police department.

The FBI also sent a letter in 2012 to  Minnesota Bureau of Criminal Apprehension which tells the agents in the department how to handle any Freedom of Information Act requests with concern to the technology.

The letter says, if a FOIA is filed, the bureau should “immediately notify the FBI of any such request telephonically and in writing in order to allow sufficient time for the FBI to seek to prevent disclosure through appropriate channels.”

ARS Technica attempted to contact the FBI about the letter and their desire to keep the tracker’s technology a secret, but the FBI would not respond. Hanni Fakhoury, a lawyer with the Electronic Freedom Foundation, did say, “It’s remarkable to see collusion by state and federal agencies to undermine public records requests, which are clearly aimed at keeping the public in the dark about the use of Stingray technology.”

“The notion that the federal government would work to actively block disclosure of records,” says Fakhoury, “seems clearly to have a chilling effect on obtaining information about this controversial surveillance tool.”

Nathan Wessler, an American Civil Liberties Union attorney, also said in order for a police department to begin to use “stingray” trackers, they have to go through the FBI, but when the press or public “seek basic information about how people in local communities are being surveilled, the FBI invokes these very serious national security concerns to try to keep that information private.”

Featured, US

Lois Lerner emails show DOJ and IRS were working together

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The recovered emails Lois Lerner attempted to delete concerning the allegations against the IRS and their supposed targeting of conservative groups, show the Department of Justice was helping the IRS.

Some of the recovered emails show Lerner had met with the DOJ’s Election Crime Division about one month before the 2010 elections, according to Forbes.  This in and of itself isn’t damning, but this coupled with the DOJ’s refusal to show over 800 pages of documents concerning Lerner, citing “taxpayer privacy” and “deliberative privilege” as reason not to hand out the documents raises suspicions.

Even worse, a few internal DOJ documents were recovered which showed Lerner had discussed the possibility of prosecuting tax-exempt entities with the DOJ around the same time Lerner was meeting with DOJ officials.

According to the Examiner, other documents contained within the deleted emails show Lerner sent the DOJ a “1.1 million page database of information from 501(c)(4) tax exempt organizations,” which included various classified tax records.

A FOIA filed by the government watchdog group Judicial Watch also  revealed how the DOJ was involved in the IRS scandal.  Judicial Watch’s president, Tom Fitton, said it was outrageous that the DOJ’s Public Integrity Section, which is supposed to be investigating such abuses of power and authority, was shown to be involved in the IRS scandal as well.

“It is shameful how Establishment Washington has let slide by Obama’s abuse of the IRS and the Justice Department,” said Fitton according to Breitbart.  “Only as a result of Judicial Watch’s independent investigations did the American people learn about the IRS-DOJ prosecution discussions of Obama’s political enemies and how the IRS sent, in violation of law, confidential taxpayer information to the FBI and DOJ in 2010.”

US

Newly released FBI files on 9/11 Florida investigation reveal an “antagonist” from Jerusalem – Who is the government trying to protect?

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Thanks to the tireless effort of watchdog organization the Broward Bulldog and its Freedom of Information Act suit against the government, more information is being released about the Sarasota Saudis who moved suddenly out of their home, leaving behind clothing, jewelry and cars, about two weeks before the 9/11 terrorist attacks.

Benswann.com has followed this story for months now and on Monday, the FBI released 11 heavily censored pages, which also include information on an “antagonist” to the United States.

From an FBI report dated April 2002:

It says the Tampa FBI office “has determined that (blank) is an antagonist of the United States of America. (Blank) resides in Jerusalem. (Blank) allegedly has held regular and recurring meetings at his residence to denounce and criticize the United States of America and its policies. (Blank) is allegedly an international businessman with great wealth.”

In November 2001, (blank) visited the United States for the first time. He traveled to Sarasota, Florida, opened a bank account and made initial queries into the purchase of property in south central Florida. (Blank) intends to establish a Muslim compound in Central Florida. (Blank) revealed that (blank) is fearful of (blank) and fears that (blank) intends to begin offensive operations against the United States if he is able to purchase property and establish a Muslim compound in Central Florida.”

Unfortunately, those blanks won’t be uncensored until 2039, which makes you wonder who the government is trying to protect?

The Broward Bulldog sued in 2012 after being denied access to the FBI’s file on a once-secret investigation focusing on the Sarasota Saudis — Abdulaziz al-Hijji, his wife, Anoud, and her father  Esam Ghazzawi, an advisor to a Saudi prince.

The pages reveal  that the al-Hijjis had departed the U.S. in haste shortly before 9/11 and that “further investigation” had “revealed many connections” between them and persons associated with “attacks on 9/11/2001.” Even though, publicly the FBI has denied any connection.

Another interesting part of the documents include this story, which took place around Halloween, 2001:

Deputies were called after a man with a Tunisian passport was observed disposing of items in a dumpster behind a storage facility he had rented in Bradenton.

The man’s name is blanked out, but the report says authorities who searched the dumpster found “a self-printed manual on terrorism and Jihad, a map of the inside of an unnamed airport, a rudimentary last will and testament, a weight to fuel ratio calculation for a Cessna 172 aircraft, flight training information from the Flight Training Center in Venice [Fla.] and printed maps of Publix shopping centers in Tampa Bay.”

The Flight Training Center is where 9/11 hijack pilot Ziad Jarrah, who was at the controls of United Airlines Flight 93 when it crashed in Shanksville, Pa, took flying lessons.

Read the documents here. The documents were located via court-ordered text searches using the names of the al-Hijjis and Ghazzawi. U.S. District Judge William J. Zloch is currently reviewing more than 80,000 pages of 9/11 records.

Miami First Amendment attorney Thomas Julin represents BrowardBulldog.org and said:

“This release suggests that the FBI has covered up information that is vitally important to public safety. It’s startling that after initially denying they had any documents they continue to find new documents as the weeks and months roll by. Each new batch suggests there are many, many more documents.”

So who is this U.S. antagonist and international businessman? Why is the FBI trying to protect him? Why are there no elected officials demanding answers regarding this case as it could affect future foreign relations?

 

Follow Joshua Cook on Facebook and Twitter.

US

Released Documents Cite Connections Between 9/11 Terrorists, Florida Family

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The U.S. Justice Department released four new, heavily censored documents, previously embargoed from the public eye about the terrorist attacks on September 11, 2001. According to the Miami Herald, the documents confirm that by 2002 the FBI had found “many connections” between 9/11 terrorists and the Florida family of “an allegedly wealthy international businessman” with ties to the Saudi Royal family.

“On or about 8/27/01 his family fled their house in Sarasota leaving behind valuable items in a manner indicating they left quickly without prior preparation,” said an FBI “case narrative” written on April 16, 2002.

The businessman’s name is blanked out, but it’s actually included on another page. Esam Ghazzawi, his name, is included on another page — an FBI form that accompanied a piece of evidence.

This is the first time the government has confirmed Ghazzawi’s name in the FBI investigation that has yet to be disclosed to either the 9/11 Commission or congressional investigators.

Advisor to a senior Saudi prince, Ghazzawi, owned an upscale home in Sarasota with his daughter and her husband prior to 9/11.

“Law enforcement sources have said that after 9/11 investigators found evidence — telephone records and photographs of license tags and security gate log books — showing that hijack pilot Mohamed Atta, former Broward resident and fugitive al Qaeda leader Adnan Shukrijumah and other terror suspects had visited the home. The home is about 10 miles from the Venice airport, where Atta and the two other hijack pilots trained,” reported the Herald.

The pages were released in part do to a Freedom of Information Act lawsuit brought by BrowardBulldog.org after the FBI refused to release information about the matter.