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Washington, DC -- September 28, 2009Judicial 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 Department of Homeland Security (DHS) to obtain documents regarding the government's decision to "reform" 287(g), a federal program that trains local law enforcement officers in illegal immigration enforcement techniques. In July, the DHS announced changes to 287(g), which many believe undermine the program, after DHS Secretary Janet Napolitano ordered a complete review of all border and illegal immigration policies.
Judicial Watch filed its original FOIA request on July 20. DHS acknowledged receipt of the request on July 30 and granted itself extra time to process the request. However, DHS has not abided by its own extended deadline and has not provided Judicial Watch with a date certain when it will provide responsive documents or demonstrate that responsive records are exempt from production. By law, DHS had 20 days to respond to the request. Among the documents sought by Judicial Watch:
- The new standardized Memorandum of Agreement used to enter into 287(g) partnerships, as announced by Secretary Napolitano on July 10, 2009, as well as any documents containing information on the development of the agreement;
- All new 287(g) agreements entered into with law enforcement agencies;
- All documents concerning the decision to standardize the Memorandum of Agreement and/or create new 287(g) agreements;
- Media and congressional notification plans concerning 287(g);
- And all email correspondence concerning the new 287(g) agreement between Homeland Security Secretary Janet Napolitano, Border Security "Czar" Alan Bersin, and White House Director of Intergovernmental Affairs Cecilia Munoz, among other government officials.
The 287(g) program has been credited by local law enforcement officers for helping to reduce crime rates. At least 67 local law enforcement agencies currently take advantage of the program, up from 27 in 2006. Nonetheless, government officials seem intent on weakening the program.
"At a time when local law enforcement agencies are reducing crime with 287(g), why has the Obama administration decided to undermine this program? The vast majority of Americans want federal immigration laws enforced. Local law enforcement officers can contribute to this process and they have every legal right to do so. I suspect that 287 (g) is under attack because Obama appointees have an 'amnesty' agenda at odds with enforcing the law. No wonder Judicial Watch can't get any documents," stated Judicial Watch President Tom Fitton.
Lawsuit Filed on Behalf of Houston Police Sergeant Joslyn M. Johnson on the Third Anniversary of the Death of Her Husband, a Former Police Officer Killed in the Line of Duty by Illegal Alien
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Washington, DC -- September 24, 2009Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has filed a lawsuit against the City of Houston, the Houston Police Department and Houston Police Chief Harold Hurtt on behalf of Houston Police Sergeant Joslyn M. Johnson related to the department's illegal alien sanctuary policies. Sergeant Johnson is the widow of former Houston Police officer Rodney J. Johnson, killed in the line of duty by an illegal alien three years ago, on September 21, 2006.
According to the lawsuit, filed in the Harris County, Texas District Court in conjunction with Houston attorney Ben Dominguez II:
Sergeant Johnson challenges current policies, practices, and procedures of the Houston Police Department that substantially restrict, if not prohibit, Plaintiff from communicating with U.S. Immigration and Customs Enforcement ("ICE") about illegal aliens who are criminally present in the United States.
Plaintiff does not seek to detain or arrest persons in order to inquire about their immigration status. Rather, Plaintiffs seeks to use her professional judgment to determine when it is appropriate to contact ICE to inquire or provide information about a person's immigration status if, in the course of carrying out her duties and responsibilities as a law enforcement officer, she has reason to believe a crime may have been committed.
The complaint maintains that Houston's illegal alien sanctuary policies harm Sergeant Johnson's ability "to fulfill her oath and otherwise carry out her duties and responsibilities as a law enforcement officer," while also restricting Sergeant Johnson's freedom of expression.
On September 21, 2006, Officer Rodney Johnson was making a routine traffic stop when he was shot and killed by Juan Leonardo Quintero-Perez, a previously deported Mexican national who had reentered and was living in the U.S. illegally. After reentering the U.S. illegally, Quintero-Perez had multiple interactions with the Houston Police Department before shooting and killing Officer Johnson, including at least one arrest for driving under the influence and citations for failing to stop and give information following an accident and driving with a suspended license.
As Judicial Watch notes in the lawsuit, "But for the Houston Police Department's policies, practices, and procedures that substantially restrict, if not prohibit its officers from sharing information with ICE, Officer Rodney Johnson may be alive today."
"Houston's illegal alien sanctuary policy is not only illegal, but it has also placed the public safety at risk. Sergeant Johnson simply wants the Houston Police Department to obey federal law and help avert more senseless killings and other crimes," said Judicial Watch President Tom Fitton. "The Houston Police Department needs to end policies that restrict communication between its officers and federal immigration officials."
Seeks Records Related to HUD's Taxpayer Support of Controversial Community Organization
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Washington, DC -- September 24, 2009Judicial 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 Department of Housing and Urban Development (HUD) to obtain records related to federal grants provided to the controversial "community organization" Association of Community Organizers for Reform Now (ACORN).
Judicial Watch filed its original Freedom of Information Act request on July 17. HUD acknowledged receipt of the request by letter on August 4th and granted itself additional time to process the request. However, HUD has not abided by its own extended deadline and has failed to provide Judicial Watch with a specific date by which it would respond, even after Judicial Watch agreed to limit the scope of the request to just seven states. (These states are California, Texas, Washington, Illinois, Pennsylvania, Arkansas, and Louisiana.) By law, HUD had 20 days to respond to Judicial Watch's request. Judicial Watch filed its lawsuit on September 23, 2009.
Judicial Watch seeks the following records:
- Any and all documents concerning money given to the Association of Community Organizations for Reform Now (ACORN) and/or any of its affiliates (since January, 2000).
- Any and all documents concerning any actions and/or disbarments against ACORN, for reasons including but not limited to abuse of grant money, misconduct, etc. (since January, 2000).
Over the last two 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 for 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 reporters on how to evade tax, immigration and child prostitution laws. Most relevant to the lawsuit against HUD, are the videos depicting ACORN workers providing advice on purchasing a house to run as a brothel for underage, illegal alien girls.
"The Obama administration needs to come clean to the American people about its relationship with this disgraced organization, especially in light of President Obama's personal connections to ACORN," said Judicial Watch President Tom Fitton. "Given ACORN's scandalous record, the federal government has no business supporting the organization with taxpayer dollars. It is troubling, given President Obama's promises of transparency, we have had to sue to try to gain access to the ACORN documents."
Documents Include "Confidential" Term Sheets Describing the March 2008 Deal; JP Morgan Described Bear Stearns "Nearly Worthless" Hours Before Deal Struck
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Washington, DC -- September 17, 2009Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has uncovered documents from the Treasury Department related to the March 2008 government-brokered acquisition of Wall Street firm Bear Stearns by JP Morgan Chase and Co. The documents include "confidential" term sheets describing the deal, released to the public for the first time, along with behind-the-scenes email correspondence between Treasury officials indicating that JP Morgan officials believed Bear Stearns to be "nearly worthless" just hours before the acquisition deal was announced. The documents were obtained by Judicial Watch in response to a December 8, 2008, Freedom of Information Act (FOIA) request.
On Sunday, March 16, 2008, JP Morgan announced that it had acquired troubled Wall Street firm Bear Stearns for a price of $2 per share, a fraction of the firm's $30 market price on Friday, March 14. The Federal Reserve Bank of New York (NY FRB) supported the deal with $30 billion in funding at the direction of then-Treasury Secretary Henry "Hank" Paulson.
In addition to the "confidential" term sheets uncovered by Judicial Watch, the documents also include email correspondence indicating that the acquisition of Bear Stearns was very much in doubt just hours before the deal was announced to the press on Sunday night, March 16. According to an email sent Sunday morning by NY FRB official Michael Holscher to then-head of the NY FRB and current Treasury Secretary Timothy Geithner, entitled "JPM Findings":
JPM [JP Morgan] has discovered a large (50bn) structured mortgage position funded by BSC [Bear Stearns Capital], as well as other risk positions that are making them balk on the deal. I have asked for a report on their findings to assess the exposures. They also indicated that BSC's risk positions are exactly what JPM has avoided in recent years. They estimate the book value of the firm to be nearly worthless...and that risks on other unknowns are to the downside. They inquired about options that the federal government may have to bail out/purchase BSC, we indicated that options are extremely limited.
Ultimately JP Morgan received the guarantees it needed from the Treasury Department to consummate the deal to obtain the "worthless" Bear Stearns later that evening. These FOIA documents were initially withheld from Judicial Watch in March and were only released after an administrative appeal to the Treasury Department. Nonetheless, Treasury has redacted information from many of these new documents and withheld many documents in their entirety. Separately, Judicial Watch is pursuing a FOIA lawsuit for Vern McKinley, who is seeking documents on the government's contention that a Bear Sterns' collapse would have caused a "contagion" in the financial system. This lawsuit was highlighted in a September 13 editorial in The Wall Street Journal.
"The public has a right to know the full truth about the federal government's unprecedented intervention into the financial markets, and that is what we are delivering through our open records requests. These Treasury documents, despite the improper redactions, provide a fascinating backdrop to the Bear Stearns deal, and what a scam it was. The federal government's $30 billion Bear Stearns bailout was designed to help stave off chaos in the financial markets. And this bailout did nothing to stave off the economic crisis. Since Bear Stearns, the federal government has committed trillions of taxpayer dollars to prop up other 'worthless' financial institutions with no end in sight," stated Judicial Watch President Tom Fitton.
Documents Uncovered
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