Judicial Watch v. Office of Management and Budget (Case No. 11-2141)

Last Updated: November 02, 2012

Synopsis

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced that it filed today separate lawsuits against the Obama Department of Energy and Office of Management and Budget to obtain records regarding the taxpayer funded government loan provided to the now bankrupt green energy company Solyndra. On September 5, 2011, Judicial Watch submitted Freedom of Information Act (FOIA) requests seeking the following information:

1. Any and all records regarding, concerning or related to the issuance of loan guarantees to Solyndra LLC, Solyndra Inc., Solyndra Fab 2 LLC, and/or 360 Degree Solar Holdings Inc.
2. Any and all records of communication between any official, officer, or employee of the Department of Energy and any official, officer or employee of any other government agency, department or office regarding concerning or related to Solyndra LLC, Solyndra Inc., Solyndra Fab 2 LLC, and/or 360 Degree Solar Holdings Inc.
3. Any and all records of communications between any official, officer or employee of the Department of Energy and any official, officer or employee of the following entities [Solyndra investors] regarding concerning or related to Solyndra LLC, Solyndra Inc., Solyndra Fab 2 LLC, and/or 360 Degree Solar Holdings Inc.:
   

   a. Argonaut Private Equity LLC
   b. Madrone Capital Partners LLC
   c. U.S. Venture Partners (USVP) LLC
   d. Rockport Capital Partners LLC.

Both agencies have acknowledged receipt of Judicial Watch’s FOIA requests. The Department of Energy provided two compact discs on October 7, 2011, that contained a partial response to the request while noting that “[a]dditional responsive documents exist and are being reviewed in preparation for public release.” However, to date no further response has been received.

The Office of Management and Budget has failed to produce any records responsive to Judicial Watch’s request or demonstrate that responsive records are exempt from production. Nor has it indicated whether or when any responsive records will be produced.

“Our new FOIA lawsuits show the Solyndra scandal is heating up and that the Obama administration is in cover-up mode,” said Judicial Watch President Tom Fitton. “The American people are set to lose $535 million dollars and want to know why it happened. Obama administration lies and potential criminal misconduct by high-ranking government officials make this a scandal of the first order.”