JudicialWatch ...because no one is above the law

Promoting Integrity, Transparency and Accountability in Government, Politics and the Law

Obama Justice Department Shut Down Federal ACORN Investigation According to Documents Obtained by Judicial Watch

Contact Information:
Press Office 202-646-5172, ext 305

Washington, DC -- March 11, 2010

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has obtained documents from the Federal Bureau of Investigation (FBI) detailing federal investigations into the alleged corrupt activities of Association of Community Organizations for Reform Now (ACORN). The documents reference serious allegations of corruption and voter registration fraud by ACORN as well as the Obama administration’s decision to shut down a criminal investigation without filing criminal charges.

The documents include background information on two specific complaints filed in October 2008 by Lucy Corelli and Joseph Borges, Republican Registrars of Voters in Stamford and Bridgeport, Connecticut, respectively, during the 2008 election season.

According to Corelli, on August 1, 2008, her office received 1,200 ACORN voter registration cards from the Secretary of State’s office. Over 300 of these cards were rejected because of “duplicates, underage, illegible and invalid addresses,” which “put a tremendous strain on our office staff and caused endless work hours at taxpayers’ expense.” Corelli claimed the total cost of the extra work caused by ACORN corruption was $20,000. Likewise, Borges contended that: “The organization ACORN during the summer of 2008 conducted a registration drive which has produced over 100 rejections due to incomplete forms and individuals who are not citizens…” Among the examples cited by Borges was a seven-year old child who was registered to vote by ACORN through the use of a forged signature and a fake birth certificate claiming she was 27-years old.

The FBI and Department of Justice opened an investigation. However, the Obama Justice Department, while noting that ACORN had engaged in “questionable hiring and training practices,” closed down the investigation in March 2009, claiming ACORN broke no laws.

By contrast, the documents also include records related to a federal investigation of ACORN corruption in St. Louis, Missouri, involving 1,492 allegedly fraudulent voter registration cards submitted by Project Vote, a liberal non-profit organization affiliated with ACORN on voter registration drives, during the 2006 election season. Assistant United States Attorney Hal Goldsmith initiated the investigation with “concurrence” from the Department of Justice and the participation of the FBI. According to a Justice Department memo, Goldsmith “advised he would prosecute any individual responsible for submitting fraudulent voter registration cards.” Goldsmith identified the statute for prosecution: Title 42, USC 1973 (gg), which provides for criminal penalties for fraudulent voter registrations. In April 2008, eight former ACORN employees from the St. Louis office pled guilty to voter registration fraud.

Other documents show that the Bush Justice Department failed to prosecute ACORN voter registration fraud of non-citizens in Phoenix, Arizona in 2007 because the allegations that led to the opening of the investigation were “unverifiable.” Notably, the FBI document detailing this questionable decision reveals that a “draft Intelligence Bulletin…concludes that ACORN’s employment practices perpetuate fraudulent voter registration.”

The ACORN documents uncovered by Judicial Watch include internal FBI memoranda, signed affidavits, subpoenas, fraudulent voter registration cards, and publications describing ACORN’s policies and practices. The documents also include details regarding numerous allegations of corruption extending beyond voter registration fraud, to include attempts by ACORN employees to coerce workers to participate in campaign activities on behalf of Democratic candidates.

“These documents reflect systematic voter registration fraud by ACORN,” said Judicial Watch President Tom Fitton. “It is a scandal that there has been no comprehensive criminal investigation and prosecution by the Justice Department into this evident criminal conduct. Given President Obama’s close connections to ACORN, including his campaign’s hiring of the ACORN’s Project Vote organization, it seems rather obvious why Attorney General Holder has failed to seriously investigate these and other alleged ACORN criminal activities.”

Documents Uncovered

Obama Administration Tells Court Government-Run Fannie Mae and Freddie Mac Not Subject to Open Records FOIA Law

Judicial Watch Battles in Federal Court to Release Fannie and Freddie Political Contribution Information

Contact Information:
Press Office 202-646-5172, ext 305

Washington, DC -- March 9, 2010

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has filed a new motion in its Freedom of Information Act (FOIA) lawsuit against the Federal Housing Finance Agency (FHFA) that would force the Obama administration to release documents related to political contributions made by the mortgage giants Fannie Mae and Freddie Mac. According to the FHFA, Fannie Mae and Freddie Mac might possess documents responsive to Judicial Watch’s initial FOIA request; however, the agency claims it is not obligated to release such documents to the public. Judicial Watch maintains that since Fannie Mae and Freddie Mac are now wholly operated by the federal government they are subject to FOIA law.

Judicial Watch filed its original FOIA request on May 29, 2009. The FHFA acknowledged receipt of Judicial Watch’s FOIA request July 1, 2009. The agency claimed that while Fannie Mae and Freddie Mac might possess the requested documents, the FHFA was not obligated to release them under FOIA because the agency does not “control” them. As noted in a recent Obama administration court filing: “…Any records created by or held in the custody of the Enterprises [Fannie Mae and Freddie Mac] reflecting their political campaign contributions or policies, stipulations and requirements concerning campaign contributions necessarily are private corporate documents. They are not ‘agency records’ subject to disclosure under FOIA.”

According to Judicial Watch’s motion filed on March 5, 2009, Fannie and Freddie are no longer private enterprises, and therefore their records are subject to FOIA law:

“At issue in this Freedom of Information Act (‘FOIA’) lawsuit is whether FHFA, the federal agency that has custody and control of the records of Federal National Mortgage Association (‘Fannie Mae’) and Federal Home Loan Mortgage Company (‘Freddie Mac’), must comply with a FOIA request for records relating to those previously independent entities. Until they were seized by FHFA in September 2008, Fannie Mae and Freddie Mac were private corporations with independent directors, officers, and shareholders. Since that time, FHFA, a federal agency subject to FOIA, has assumed full legal custody and control of the records of these previously independent entities. Hence, these records are subject to FOIA like any other agency records.”

“Apparently, American taxpayers are paying the tab for the collapse of Fannie and Freddie, but are not allowed to ask any questions about why it happened. When it comes to Fannie and Freddie, the Obama administration is saying, in effect, ‘None of your business,’” said Judicial Watch President Tom Fitton. “Obama administration officials and their lawyers can argue until they are blue in the face that Fannie and Freddie are not federal agencies, but their reasoning is straight out of Alice in Wonderland. There is nothing ambiguous about the government’s absolute control of Fannie and Freddie. Which raises the question: What does the Obama administration have to hide?”

According to a review of the top recipients of Fannie and Freddie campaign contributions from 1989 through 2008, President Obama is second on the list, sandwiched between Democratic Senators Chris Dodd (first) and Senator John Kerry (third). The president achieved this ranking during his relatively brief three-year stint in the U.S. Senate.

“Judicial Watch’s effort to open up Fannie and Freddie to public scrutiny as the law requires is not just about political corruption — it also about accountability. Largely through Freddie and Fannie, the Obama administration essentially has taken government control of the United States mortgage market and its attendant liabilities. This unprecedented takeover of the private sector is being executed by government entities that the Obama administration says are not subject to any open records request. Judicial Watch’s FOIA lawsuit is the only litigation that stands against this massive government abuse and secrecy,” continued Fitton.

Judicial Watch Obtains Top Secret Memorandum Detailing Closed Congressional Hearing on Enhanced Interrogation Techniques

Testimony by DOD Official: “…the most important factor in the capture of Saddam Hussein was interrogation.”

Contact Information:
202-646-5188

Washington, DC -- March 8, 2010

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has received a Memorandum from the Central Intelligence Agency (CIA) marked “Top Secret” that includes a detailed report of a House Permanent Select Committee on Intelligence (HPSCI) closed hearing regarding the subject of enhanced interrogation techniques. The CIA produced the document pursuant to a previous court order in Judicial Watch’s Freedom of Information Act (FOIA) lawsuit against the CIA (Judicial Watch v. Central Intelligence Agency, Case: 09-1352). The court order stipulates that documents pertaining to congressional briefings for Speaker Pelosi and other members of Congress on “enhanced interrogation techniques” must be provided to Judicial Watch by April 15th.

The following are excerpts from the Memorandum, dated July 14, 2004:

  • Summary of testimony by DOD Official, Lt. Gen. William Boykin: “At this point, General Boykin read a prepared statement to the Committee in which he asserted that interrogation is a critically valuable tool, and, citing observations made by service personnel at Ft. Bragg, said that the most [imp]ortant factor in the capture of Saddam Hussein was interrogation.”
  • Summary of testimony by member of the CTC (Counterterrorism Center), name redacted: “…Even today long term detainees like Khalid Shayk Muhammed and Zubaydah are providing good information because their histories go back a long way and often a tidbit they provide, while not initially operationally significant, ends up being the piece that completes the puzzle; DC/CTC closed by noting that he was personally persuaded that detainee reporting has saved lives.”
  • Rep. Jane Harman: “What do you think of the value of enhanced techniques?” John Pistole, Witness for the FBI: “In my view the benefits are huge and the costs are insignificant. Very few detainees don’t provide us with good information….”
  • Rep. Ruppersberger: “Are there procedures that we have stopped that should be resumed?” Lt. Gen. Keith Alexander, the Army G-2, [now Director of the National Security Agency (NSA)]: “Yes. Diet and sleep management. Those, plus segregation which is still employed, are key…”
  • General Alexander also testified that field commanders wanted more “97E’s” (interrogators), “even to the point of trading off some of their combat troops.”
  • Saddam Hussein was not subjected to enhanced interrogation techniques, but “friendly discussions with an eye to future public prosecution.”

The document also recounts an allegation by Rep. Jane Harman (D-CA) that the CIA had not been giving the committee “full and candid testimony on the detainee issue.” Testimony also suggests that interrogators at Fort Bragg believed that “unobtrusive forms of interrogation are the best.”

“We are now beginning to get a very clear picture of what members of Congress knew about so-called enhanced interrogation techniques and when they knew it,” said Judicial Watch President Tom Fitton. “Intelligence officials repeatedly informed members of Congress that enhanced interrogation techniques are effective and save lives. It is little wonder why the Obama administration would try to keep these documents hidden, given the administration’s ideological hostility to these effective interrogation techniques.”

In February, Judicial Watch released documents, previously marked “Top Secret,” indicating that between 2001 and 2007, the CIA briefed at least 68 members of Congress on the CIA interrogation program, including so-called “enhanced interrogation techniques.” The documents include the dates of all congressional briefings and, in some cases, the members of Congress in attendance and the specific subjects discussed. House Speaker Nancy Pelosi, who previously denied she was briefed by the CIA on the use of these techniques, is specifically referenced in a briefing that took place on April 24, 2002, regarding the “ongoing interrogations of Abu Zubaydah.”

Judicial Watch Sues Homeland Security for Documents Detailing Distribution of S Visas

Seeking Information Regarding the Distribution of Special Visas to Alien Informants and their Families

Contact Information:
Press Office 202-646-5172, ext 305

Washington, DC -- March 3, 2010

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has filed a Freedom of Information Act (FOIA) lawsuit against the Obama Department of Homeland Security (DHS) to obtain information regarding the Obama administration's distribution of S Visas. S Visas are granted to alien informants who help U.S. law enforcement officers to investigate and prosecute criminal and terrorist activities.

Judicial Watch's original FOIA request, filed on January 8, 2010, seeks the following information:

A. All CIS (U.S. Citizenship and Immigration Services) records concerning the distribution or allocation of S Visas.

B. All records establishing the legal and/or policy basis of eligibility for S Visas.

C. All statistical records concerning the issuance of S Visas.

The time frame for the request is from January 2008 to the present.

DHS acknowledged receiving Judicial Watch's request on January 11, 2010, but has failed entirely to respond to the request within the statutory allotted 20 business days.

The S Visa provision was added to the Violent Crime Control and Law Enforcement Act in 1994 in response to the 1993 World Trade Center bombing, and allows aliens who possess "critical information on criminal or terrorist organizations to come into the United States in order to provide information to law enforcement officials." Since 1995, the government has issued 900 S Visas.

According to the law, 200 S Visas can be distributed annually for information related to criminal activity (known as S-5 status), while 50 S Visas can be distributed annually for information related to terrorist activity (known as S-6 status). However, there is no cap on the number of family members of informants eligible for S Visa status. S Visas are intended to be temporary with a maximum stay of three years. However, S Visa holders can achieve permanent visa status at the discretion of the Attorney General.

"There seems to be very little oversight of this program and even less information available to the public regarding the criteria used to determine who receives an S Visa and under what circumstances. I don't think it is a stretch to suggest that alien informants with inside information on criminal or terrorist activity might themselves be dangerous individuals. We're hoping our FOIA request and lawsuit will shed some light on this little understood program," stated Judicial Watch President Tom Fitton.

Syndicate content



Donate


 Subscribe via RSS
(c) 2010 Judicial Watch | user login