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Hearing This Week in Lawsuit Challenging Hillary Clinton's Constitutional Eligibility for Secretary of State

Challenge Filed on Behalf of State Department Foreign Service officer -- Court Hearing Set for September 16, 2009

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

Washington, DC -- September 14, 2009

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that a lawsuit challenging the constitutional eligibility of Hillary Clinton to be Secretary of State (Rodearmel v. Clinton, et al., (D. District of Columbia)) will be heard by a special three-judge panel of the U.S. District Court for the District of Columbia:

Date:  Wednesday, September 16
Time:  9:30 AM ET
Location: Courtroom 22A
The E. Barrett Prettyman Federal Courthouse
333 Constitution Avenue, N.W.
Washington, D.C. 20001

At issue is Hillary Clinton's constitutional ineligibility to serve as Secretary of State. Article I, section 6 of the U.S. Constitution provides:

"No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time."

This provision, known as the "Emoluments" or "Ineligibility" clause is an absolute prohibition and does not allow for any exceptions. The "Ineligibility Clause" is interpreted by most as designed by our Founding Fathers to protect against corruption, limit the size of government, and ensure the separation of powers among the three branches of government.


On January 29, 2009, Judicial Watch filed a lawsuit on the grounds that Mrs. Clinton is constitutionally ineligible to serve as Secretary of State under the Ineligibility Clause. The "emoluments" or salary of the U.S. Secretary of State increased at least three times during Mrs. Clinton's most recent U.S. Senate term. That term, which began on January 4, 2007, does not expire until January 2013, regardless of Mrs. Clinton's resignation.


The Judicial Watch lawsuit is on behalf of Foreign Service Officer and State Department employee David Rodearmel. The lawsuit maintains that Mr. Rodearmel cannot serve under Secretary of State Clinton as it would force him to violate an oath he took as a Foreign Service Officer in 1991 to "support and defend" and "bear true faith and allegiance" to the Constitution of the United States.


"Our goal is to vindicate the U.S. Constitution," said Judicial Watch President Tom Fitton. "The Constitution clearly prohibits Hillary Clinton from serving as Secretary of State until 2013. We hope the court puts a stop to this attempt to do an end-run around the Constitution in the name of political expediency."

Related Documents

JW Obtains Docs from Secret Service Regarding Security Costs for Obamas' "Date Night" in New York City

Taxpayers Stuck with $11,648.17 Secret Service Bill for Dinner and a Broadway Show on May 30, 2009

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

Washington, DC -- September 11, 2009

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it obtained documents this week through the Freedom of Information Act from the United States Secret Service documenting $11,648.17 in security costs related to President Obama's "date night" with First Lady Michelle Obama on May 30, 2009 in New York City.

On May 30, President Obama took the First Lady to New York City for what he described as a "date night." In a statement to the press, the President said: "I am taking my wife to New York City because I promised her during the campaign that I would take her to a Broadway show after it was all finished." The Obamas dined for two hours at Blue Hill, a West Village restaurant before heading to the Belasco Theater for "Joe Turner's Come and Gone." The Obama White House had refused to detail costs for the trip.

Judicial Watch's FOIA requests seek "Any and all records concerning the cost of President and First Lady Obama's trip to New York on May 30, 2009. Records should include, but are not limited to, bills, approval(s) documents, correspondence, and other cost records for motorcades, aircraft (including aircraft for aides, press and security detail – and helicopters from JFK to Manhattan), as well as costs associated with closing any streets/sidewalks/businesses, etc., to the public." The request was filed with the U.S. Secret Service, the Department of Defense and the United States Air Force on June 2, 2009. The Secret Service produced documents to Judicial Watch on September 9, 2009.

Judicial Watch still awaits responses from the Department of Defense and the U.S. Air Force. Press reports suggest the President and his entourage, which included White House staff and the press corps, used three military aircraft.

"Our government has saddled us with crushing debt in the worst economy since the Great Depression and yet President Obama stuck the American people with a massive bill for a 'date night' with the First Lady. We do not yet have a full accounting of the total costs of the Obamas' 'night on the town,' but this nearly $12,000 waste of taxpayer funds will concern many taxpayer," stated Judicial Watch President Tom Fitton. "No wonder the Obama White House tried to keep secret the costs of this excursion. On his next "date night," President Obama might want to be more sensitive to the costs of his partying to taxpayers."

JW Calls on Arizona AG to File Lawsuit to Stop Phoenix Police Chief from Receiving Illegal Pension Benefits

If Attorney General Fails to Act, Judicial Watch will File a Lawsuit on Behalf of Arizona Taxpayers and Former and Active Duty City of Phoenix Police Officers

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

Washington, DC -- August 31, 2009

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it sent a letter on August 27, 2009 requesting that Arizona Attorney General Terry Goddard file a lawsuit against the Phoenix Police Pension Board, its five members, and City of Phoenix Chief of Police Jack F. Harris to enjoin the illegal payment of pension benefits to Chief Harris. Judicial Watch informed Attorney General Goddard that if he fails to act on this request Judicial Watch will file a lawsuit on behalf of Arizona taxpayers and former and current City of Phoenix police officers to seek justice in the matter.

As Judicial Watch notes in its letter, Chief Harris retired from the City of Phoenix Police Department "on or about January 19, 2007," but was subsequently rehired as "Public Safety Manager." However, Chief Harris continued to maintain his former title and position as Chief of Police. In fact, Chief Harris is listed as "Public Safety Manager/Police Chief Jack Harris" on an organizational chart maintained by the Phoenix Police Department.

According to Arizona law, if a retired member of the Public Safety Personnel Retirement System "subsequently becomes employed in the same position by the employer from which the member retired, the system shall not make pension payments to the retired member during the period of reemployment." As Chief Harris continues to take pension payments contrary to law, Judicial Watch is asking the Arizona Attorney General Terry Goddard to intervene.

Judicial Watch believes that "there is clear legal authority to seek to enjoin the payment of pension benefits to Chief Harris."

"We expect public officials to follow the rules and we expect the Arizona Attorney General to enforce the law," said Judicial Watch President Tom Fitton. "The illegal payment of pension funds to Chief Harris is a waste of taxpayer funds and Attorney General Goddard should put a stop to it. Judicial Watch stands ready to act if the Attorney General fails to remedy the situation."

Judicial Watch Obtains New CIA Documents Detailing Results of Detainee Interrogations

Obama Administration Had Denied Former Vice President Cheney Access to These Records

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Press Office 202-646-5172, ext 305

Washington, DC -- August 24, 2009

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has obtained documents from the Central Intelligence Agency (CIA) regarding the results of the detainee interrogation program. The documents, obtained by Judicial Watch through a Freedom of Information Act lawsuit filed on July 14, 2009, include two reports entitled, "Khalid Shaykh Muhammad: Preeminent Source On Al-Qa'ida" and "Detainee Reporting Pivotal for the War Against Al Qa'ida."

The records, were previously held by the Office of former Vice President Cheney. On March 31, 2009, Vice President Cheney personally issued a request to the National Archives Presidential Libraries section for declassification review of these same documents. The Archives then passed on the request to the CIA for review on April 8, 2009. Vice President Cheney has said the reports show the effectiveness of enhanced interrogation techniques that were used on some detained terrorists, such as Khalid Shaykh Muhammad and Abu Zubaydah.

In March, President Obama overruled objections from national security officials and released documents detailing the government's enhanced interrogation program of terrorists (the so-called "torture" memos). However, President Obama initially withheld information detailing the results of this program, including alleged terrorist plots that the program prevented. It is these documents that Judicial Watch has obtained. They have never before been released to the public.

CIA interrogations have been the subject of great controversy over the last few months. House Speaker Nancy Pelosi came under fire in April when she claimed she was never briefed about the CIA's use of the waterboarding technique during terrorism investigations. The CIA produced a report documenting a briefing with Pelosi on September 4, 2002 that suggests otherwise.

"These documents suggest that enhanced interrogation techniques prevented terrorist attacks and protected our country," said Judicial Watch President Tom Fitton. "Now, the American people can have a more complete understanding of whether these enhanced interrogation programs are effective. We are very pleased to be able to bring these documents to light for the first time."

Judicial Watch filed its original Freedom of Information Act request with the CIA on May 18, 2009. On June 25, 2009, the CIA acknowledged receipt of the request but provided no documents and did not specify when Judicial Watch would receive a substantive response, prompting Judicial Watch's lawsuit. By law, the CIA had until June 30, 2009 to provide any non-exempt records.

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