Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that the U.S. Secret Service (under the auspices of the Department of Homeland Security) has denied Judicial Watch's Freedom of Information Act (FOIA) request for access to Obama White House visitor logs from January 20, 2009 to present. In refusing to abide by FOIA law, the Secret Service advanced the erroneous claim that the records belong to the Obama White House, not the agency, and are therefore may be kept secret under the Presidential Records Act. A federal district court has ruled twice that all visitor records belong to the Secret Service and therefore should be available under the Freedom of Information Act.

According to an October 8 letter from the Department of Homeland Security related to Judicial Watch's request: "It is the government's position that the categories of records that you requested are not agency records subject to the FOIA. Rather, these records are governed by the Presidential Records Act…and remain under the exclusive legal custody and control of the White House Office and the Office of the Vice President." The letter goes on to state that the White House might release these records at its discretion.

Judicial Watch successfully forced the release of White House visitor logs related to visits by former lobbyist and convicted felon Jack Abramoff's to the Bush White House. As Judicial Watch has argued previously in court filings, the U.S. Secret Service is an agency within the meaning of FOIA and its records are therefore subject to FOIA. The law provides no exceptions for certain types of Secret Service records and does not excuse the Secret Service from complying with FOIA. Moreover, the Presidential Records Act specifically states that presidential records do "not include any documentary materials that are (i) official records of an agency…"

The Obama administration announced in September that it would post some White House visitor log information on the White House website beginning on December 31, 2009. However, records from January 20, 2009 through September 15, 2009 will be kept secret, except in narrow specific circumstances. The Obama White House has yet to explain why visitor logs from its first eight months will be afforded special protection.

"Just because the Obama White House says FOIA law doesn't cover White House visitor logs doesn't make it so. The Obama administration is not above the law," said Judicial Watch President Tom Fitton. "These visitor logs are subject to release under FOIA and the courts have affirmed this. Judicial Watch has no intention of abandoning its pursuit of these records. We will go to court, if necessary."

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that the United States Court of Appeals for the District of Columbia has overturned the district court and ruled that Judicial Watch has standing to bring a lawsuit against the Department of Commerce related to the North American Competitiveness Council (NACC), which was set up under the Security and Prosperity Partnership (SPP) of North America. Judicial Watch argues the NACC is subject to the open meetings law known as Federal Advisory Committee Act (FACA) and must make its meetings open to the public and must release records relating to those meetings.

The following is excerpted from the appellate ruling:

To satisfy the constitutional standing requirement, familiar doctrine requires a plaintiff to allege an injury in fact that is fairly traceable to the challenged conduct and that will likely be redressed by a favorable decision on the merits. Here the injury requirement is obviously met. In the context of a FACA claim, an agency's refusal to disclose information that the act requires be revealed constitutes a sufficient injury...As Judicial Watch has standing to pursue its FACA claim, and the merits remain an open question, the judgment of the district court is reversed and the case is Remanded.

On March 23, 2005, heads of government Vicente Fox, George W. Bush, and Paul Martin launched the North American partnership at a meeting in Waco, Texas, with the expressed goal of "a safer, more prosperous North America." Proponents of the partnership claim its purpose is to increase security and prosperity for all three nations through enhanced cooperation. Critics maintain the partnership will sacrifice U.S. sovereignty.

The American component of the NACC is made up of key corporations and was set up by the government through the U.S. Chamber of Congress. The NACC has provided over 50 recommendations for action on a wide range of issues impacting all American citizens. Judicial Watch wishes to gain membership to the group and gain access to documents about its meetings and activities. The NACC most recently provided recommendations to the North American Leaders Summit, which is now what the SPP is called by the Obama administration.

"We are very pleased with this decision and we look forward to the opportunity to finally make our case in court," said Judicial Watch President Tom Fitton. "Our objective with this lawsuit is simple: to bring as much transparency as possible to the proceedings of this government-private program. In the spirit of President Obama's promise to provide 'unprecedented' levels of transparency to the inner-workings of government, the Commerce Department should stop stonewalling and open these meetings and documents up to the American people as soon as possible."

In litigation that wound its way to the United State Supreme Court, Judicial Watch had previously challenged the Cheney Energy Task Force under the Federal Advisory Committee Act. And Hillary Clinton's Health Care Task Force also faced a challenge under this open meetings law.

The Office of Arizona Attorney General Terry Goddard recently notified Judicial Watch that due to budget cuts and "staff reductions" it will take no action against Phoenix Police Chief Jack Harris for allegedly receiving illegal pension benefits.

According to a September 26^th letter from Division Chief Counsel Donald Conrad: "We make no judgment about the legitimacy of your claims about violations of Arizona law, but given our limited resources and your organization's stated intent to pursue these claims in court, we believe our resources can be better used to address other matters of concern to our citizens. Accordingly, this letter will serve as notice that we will decline action on this matter."

Judicial Watch President Tom Fitton offered the following statement in response to this decision:

"How can the Arizona Attorney General's office lack enough resources to investigate alleged illegal behavior by the Chief of Police of the state's largest city? Attorney General Goddard needs to reevaluate his priorities. Phoenix Police Chief Harris' alleged double dipping is of deep concern to Arizona citizens who are outraged by this apparent waste of taxpayer funds. Judicial Watch will work with the citizens of Arizona to litigate this matter directly on behalf of Arizona taxpayers."

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it filed two new Freedom of Information Act (FOIA) lawsuits on September 28^th to obtain government records related to the activities of the controversial "community organization" Association of Community Organizations for Reform Now (ACORN). These lawsuits were filed against the Department of Labor's Employee Benefits Security Administration (EBSA) and the Corporation for National and Community Service (CNCS).

Judicial Watch's EBSA lawsuit involves monies embezzled by Dale Rathke, the brother of ACORN founder Wade Rathke. The New York Times has reported that, overall, Dale Rathke allegedly embezzled $948,607.50 in 1999 and 2000. According to a report by the House Committee on Oversight and Government Reform, a portion of these funds, $215,000, allegedly came in the form of a "loan." The manner in which this "loan" was handled and concealed by ACORN internally may have violated the Employee Income Retirement Security Act (ERISA).

Judicial Watch filed its original FOIA request on August 4^th, but the EBSA failed to respond within the statutory allotted 20 day period. The request seeks the following records: "All records concerning the following entities' misconduct and/or violations of laws and/or policies, including but not limited to the Employee Retirement Income Security Act ('ERISA'): Association of Community Organizations for Reform Now ('ACORN'), ACORN Housing, Citizen's Consulting, Inc., Citizen's Services, Inc., Communities Voting Together, Project Vote, Services Employees International Union (SEIU), SEIU Local 100, SEIU Local 880."

The CNCS, meanwhile, handles the programs and paperwork for national government grants, including funds distributed under the AmeriCorps umbrella. Judicial Watch had previously uncovered documents indicating that ACORN's sister organization (ACORN Housing) was no longer eligible for federal funds due to previous abuses involving an AmeriCorps grant. Judicial Watch filed its FOIA request on July 28^th to find out more about these abuses. However the CNCS has failed to respond within the statutory allotted 20 day period. Judicial Watch seeks the following records:

1. All documents concerning the Association of Community Organizations for Reform Now (ACORN), and/or ACORN Housing
2. All documents concerning ACORN Housing and misconduct/violation of grant stipulations.
3. All documents concerning [the Corporation for National & Community Service]'s investigation of ACORN Housing.
4. All audit reports of ACORN Housing Corporation, including but not limited to Audit Report 95-17 and Audit Report 96-21.

Over the last several weeks, the U.S. Senate has voted to deny ACORN access to housing funds, while the House of Representatives voted to deny ACORN all federal funds. The U.S. Census Bureau, meanwhile, has severed its partnership with the organization related to the 2010 U.S. Census. The IRS also just severed a program relationship with ACORN. These actions were taken after videos surfaced depicting ACORN workers attempting to advise undercover journalists on how to evade tax, immigration and child prostitution laws.

"What we have learned about ACORN in just the last few weeks has been shocking, but I suspect it is only the tip of the iceberg," said Judicial Watch President Tom Fitton. "These new FOIA lawsuits show that the Obama administration has taken a 'stonewall' approach when it comes releasing ACORN documents."