Judicial Watch News Update

October 5, 2007

From the Desk of Judicial Watch President Tom Fitton:

Court Rules Bill Clinton Cannot Have Final Say Over Release of Hillary’s White House Records

 

Judicial Watch’s legal battle over Hillary’s White House records is getting very, very interesting.

 

This week the National Archives produced a “Status Report and Processing Schedule” for the records in response to an August 30, 2007 court order issued in Judicial Watch’s FOIA lawsuit.  It’s just about what you might have expected.  The Archives complains they don’t have the resources to process and produce the records in a timely manner.  The government also maintains Bill Clinton will have the final say over what documents are released and when, noting that it takes, on average, 237 days for the former president’s representatives to review the records.  (If you do the math, under this schedule, there is little chance any records would be processed, reviewed and released before Election Day 2008.)

 

If you would like to read the government’s court filing, please feel free to do so, but here is a quick summary of its contents:

 

·         The government admits that 10,000 pages of Hillary Clinton’s daily schedule records will be processed completely “by the end of January 2008 to provide to Presidential representatives for review.”

 

·         The government “cannot provide a date certain” by which it will complete the processing of 20,000 pages of telephone log books, citing a significant volume of FOIA requests and uncertainty over funding for additional requested resources.

 

·         NARA cannot provide a production schedule [for any of the documents] because of the right afforded to representatives of the incumbent and former Presidents to review the Presidential records prior to public disclosure.” 

 

This last contention is, of course, consistent with an executive order by President Bush in 2001.  There’s only one problem for the Archives.  A U.S. District Judge effectively invalidated that portion of the executive order on Monday in a separate lawsuit. The proposed Clinton document release “schedule” ignores this court ruling which seems to force a more timely release of the records.    

 

According to The Washington Post, U.S. District Court Judge Colleen Kollar-Kotelly took issue with the part of President Bush’s executive order that removes the discretion of the archivist to release certain records and instead allows former presidents and vice presidents to stop the release of Archives records for an indefinite period of time.  “The judge ordered the National Archives not to withhold any more documents based on that section of the executive order,” The Washington Post reported.  (The court decision is here.)

 

In other words, thanks to this ruling, the ball is now back in the National Archives’ court.  The court ruled that the National Archives, not President Clinton, has the final say over the documents to be released.  But the Clintons are not the only problem.  The Bush administration seems to be on a collision course with the court as it gives the Clintons a free hand to withhold all of these records until after the presidential election. 

 

This case will proceed in the courts, but the American people should demand that both the Clintons and President Bush authorize the release of these records as quickly as possible – just as the law requires.

 

Judicial Watch Uncovers New FDA Records Detailing Deaths and 1,824 Adverse Reactions Related to HPV Vaccine

 

Judicial Watch held a press conference yesterday at the National Press Club in Washington, DC to discuss the shocking safety record of Gardasil, the “miracle vaccine” approved for women by the FDA for human papillomavirus (HPV).  You may recall that Judicial Watch launched an investigation of Gardasil because of the controversial nature of the vaccine, which was being pushed in most states as a mandatory vaccination for children at the behest of Merck.  Merck, the drug’s manufacturer, spent millions on these lobbying efforts.

 

During the press conference, Judicial Watch released new FDA records we uncovered through the Freedom of Information Act documenting 1,824 “adverse reactions,” including as many as eight deaths seemingly linked to the vaccine in just the last few months.  When combined with earlier reports uncovered by JW, that brings the total to 3,461 adverse reports and eleven deaths since the vaccine was approved by the FDA last year. 

 

Here are just a few of the latest horror stories, as detailed in the latest FDA documents:

 

·         “20-Jun-2007:  Information has been received…concerning a 17 year old female who in June 2007…was vaccinated with a first dose of Gardasil…During the evening of the same day, the patient was found unconscious (lifeless) by the mother.  Resuscitation was performed by the emergency physician but was unsuccessful.  The patient subsequently died.”

 

·         “12-Jun-2007:  Information has been received…concerning a 12 year old female with a history of aortic and mitral valve insufficiency…who on 01-MAR-2007 was vaccinated IM into the left arm with a first dose of Gardasil…On 01-MAR-2007 the patient presented to the ED with ventricular tachycardia and died.”

 

·         "28-Aug-2007:  Initial and follow-up information has been received from a physician concerning an 'otherwise healthy' 13 year old female who was vaccinated with her first and second doses of Gardasil.  Subsequently, the patient experienced…paralysis from the chest down, lesions of the optic nerve…At the time of the report, the patient had not recovered.”

 

In light of these FDA reports, it is disturbing that state and local governments have mandated or might mandate in any way this vaccine for young girls and minors.  These adverse reaction reports suggest the vaccine not only can cause serious side effects, but might even be fatal.  For the state to require in any way that children receive this vaccine is not good public health policy.  Given the risks evidently associated with the Gardasil vaccine, it seems that the best public health policy would be to reevaluate its safety and to prohibit its distribution to minors.  In the least, the state should get out the business of pushing this vaccine on children. 

 

Judicial Watch filed its FOIA request on August 20, 2007, and received the adverse event reports from the FDA on September 13, 2007 in what the agency described as a “partial response.”  This week, Judicial Watch filed a new lawsuit against the FDA for its failure to fully respond to Judicial Watch’s FOIA request, as required by law.  We are especially interested in the approval process for this vaccine and any political influence that may have influenced the approval of this vaccine and the effort to recommended distribution to children. 

 

If you want to read the adverse reaction reports for yourself, click here.

 

Craig Loses Court Battle But Vows to Finish Term

 

Idaho Senator Larry Craig, who pled guilty to inappropriate conduct in an airport bathroom this summer, lost his legal attempt to withdraw his guilty plea this week.

 

“Because the defendant's plea was accurate, voluntary and intelligent, and because the conviction is supported by the evidence ... the defendant's motion to withdraw his guilty plea is denied," Hennepin County Judge Charles Porter wrote in his opinion.

 

Unfortunately, this does not put the matter to rest.  This according to The Associated Press:

 

“Idaho Sen. Larry Craig defiantly vowed to serve out his term in office on Thursday despite losing a court attempt to rescind his guilty plea in a men's room sex sting.  Craig had earlier announced he would resign his seat by Sept. 30, but had wavered when he went to court in hopes of withdrawing his plea.”

 

The article goes on…

 

“Craig's decision to stay and fight raises the strong possibility of public hearings - virtually certain to be televised live - centered on the issue of gay sex.”

 

Craig makes the unbelievable claim that he thinks he can still be an effective Senator through the end of his term.  Really?  In the face of an embarrassing Ethics Committee investigation into his sex life?  With members of his own party demanding that he step down?

 

This is a sad turn of events.  Craig is shamelessly putting his own self-interest ahead of what is best for the Senate, his constituents and the American people.  One of the last things this nation needs is Senate hearings about Craig’s odd behavior in an airport bathroom.  Unfortunately, that may be exactly what we’re going to get.  Bill Clinton similarly tortured the nation with a lengthy legal and political fight over his perjury, obstruction of justice, and misuse of government resources related to his scandalous affair with Monica Lewinsky.  I suppose Craig will look to this terrible Clinton model to avoid further accountability.

 

Until next week…

Tom Fitton
President

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