Judicial Watch v. U.S. Department of Commerce

Security and Prosperity Partnership (SPP)

Judicial Watch has filed a lawsuit against the Department of Commerce and Secretary of Commerce Carlos Gutierrez for denying Judicial Watch access to the North American Competitiveness Council (NACC) meetings and records. According to the complaint, the council, which consists of "high level business leaders," advises the United States, Mexican, and Canadian governments on North American competitiveness issues to be addressed through the Security and Prosperity Partnership of North America (SPP). (On March 23, 2005, heads of government Vincente Fox, George W. Bush, and Paul Martin launched SPP at a meeting in Waco, Texas, with the expressed goal of "a safer, more prosperous North America.")

Judicial Watch's lawsuit alleges that the NACC, a key component of the SPP, is subject to the Federal Advisory Committee Act, a federal open meetings law. Moreover, Judicial Watch is asking the court to issue an emergency temporary restraining order mandating that Judicial Watch be allowed to attend the next NACC meeting to be held on August 20-21, in Montebello, Quebec, Canada in conjunction with the SPP summit.

The Federal Advisory Committee Act imposes a number of requirements on committees that advise the president and/or federal agencies. First, all meetings be open to the public. Second, a notice of each meeting must be published in the Federal Register. Third, interested persons must be allowed to attend, appear before, or file statements with the advisory committee. And, finally, committee records and documents must be made available through the provisions of Freedom of Information Act. The NACC has failed to satisfy any of these requirements. On July 26, Judicial Watch notified Secretary Gutierrez that it sought access to the NACC and its U.S. component subcommittee meetings and records. Judicial Watch's request was ignored.

"The North American Competitiveness Council should not be allowed to operate in secret. It is part of a government process that actively considers policies that dramatically impact the lives of all Americans," said Judicial Watch President Tom Fitton. "Judicial Watch is committed to making these proceedings open and transparent to the American people."

Secretary Gutierrez launched the North American Competitiveness Council, with his Mexican and Canadian counterparts, in June 2006. The council met on August 15, 2006 in Washington and again on February 23, 2007 in Ottawa, Canada. The council has provided over 50 recommendations for action to Secretary Gutierrez and the Security and Prosperity Partnership of North America.

Click here to learn more about SPP and NACC.

Litigation Documents

Complaint for Declaratory and Injunctive Relief and Petition for Writ of Mandamus - JW complaint against the U.S. Department of Commerce to open to the public the meetings of the North American Competitiveness Council, an entity created under the Security and Prosperity Partnership (SPP) - August 10, 2007
Application for Injunctive Relief - JW's legal arguments in support of its request for an injunction requiring that the August 20-21 meeting of the North American Competitiveness Council in Montebello, Canada, be open to the public and Judicial Watch - August 10, 2007
Defendant's Opposition to Plaintiff's Application for Injunctive Relief - U.S. Department of Commerce's opposition to JW's request for an injunction - August 15, 2007
Plaintiff's Reply in Support of Application for Injunctive Relief - JW's legal arguments in support of its request for an injunction requiring that the August 20-21 meeting of the North American Competitiveness Council in Montebello, Canada, be open to the public and Judicial Watch - August 15, 2007
Memorandum Opinion - August 21, 2007
Plaintiff's Memorandum in Opposition to Motion to Dismiss - November 6, 2007
Brief of Appellant - March 30, 2009
Reply to Brief of Appellant - May 13, 2009
Appellate Opinion - October 9, 2009