Judicial Watch & The Transparency Crisis

Judicial Watch President Tom Fitton was up on Capitol Hill recently preaching the transparency gospel. A few days later, he delivered the same message to the White House and at a special Judicial Watch presentation with House Government Oversight Committee Chairman Jason Chaffetz. His urgent report: the nation is facing a transparency crisis.

“The United States government is bigger than ever and the most secretive in recent memory,” Tom told the House Oversight Committee. “To be frank, the Obama administration was an enemy of transparency. President Obama promised the most transparent administration in history, but federal agencies turned into black holes in terms of disclosures.”

Judicial Watch is the national leader in filing and litigation of Freedom of Information Act requests. We filed close to 3,000 FOIA requests with the Obama administration. Our attorneys fought nearly 200 FOIA cases through the courts. Famously, Judicial Watch repeatedly scooped the media and government investigators by uncovering documents on Clinton finances, Benghazi, the IRS scandal, the Fast & Furious gun scandal, electoral abuses and illegal activities on the southern border. Our work drives the government and media agenda.

I’m often asked, What is the secret of Judicial Watch’s success? How does it get documents that the mightiest media newsrooms and powerful congressional players seem unable to obtain? I’d like to ascribe it to the brilliance of its chief investigative reporter, but I can’t. The secret sauce of Judicial Watch’s success comes from its dedicated donors, experienced leadership, and most importantly, a cadre of battle-tested litigators and investigators.

Experience counts. The Judicial Watch leadership team—President Tom Fitton, Director of Litigation Paul Orfanedes and Director of Research & Investigations Christopher Farrell—brings almost sixty years of combined FOIA experience to the table. Chris Farrell spearheads a team of accomplished investigators thoroughly versed in state and federal freedom of information statutes. Critically important to these endeavors, all of which come with strict filing requirements and multiple deadlines, is our FOIA program manager, Kate Bailey, who makes sure the FOIA trains run on time.

Paul Orfanedes commands the deepest bench of expert FOIA attorneys in the country. It’s an unfortunate fact of FOIA life that government agencies will often do everything they can to avoid complying with sunshine laws: delays, stonewalls, legal obfuscations and all sorts of chicanery are the name of the game when it comes to high-stakes FOIA actions. Paul and his team have seen every trick in the book. Often—all too often—after our investigators have exhausted every avenue of administrative appeal, it’s time to say “see you in court” and turn the case over to our legal team. In many instances, that’s when the really important documents start to emerge.

I have received countless notes from donors saying, in essence, “I don’t have much money, but I believe in your mission and here’s what I can afford to keep you going.” All my colleagues at Judicial Watch have received similar notes and we are proud of, and grateful for, each and every one. Because without our donors, there is no way our mission could continue. Special investigations and lawsuits are expensive.

At the Capitol Hill hearing, Tom made a revolutionary proposal—he suggested that “Congress should apply the freedom of information concept to itself and the courts, the two branches of the federal government exempt from transparency laws.” He also called attention to a transparency case Judicial Watch is pursuing in regard to hidden assets at Fannie Mae and Freddie Mac, and open-records resistance at the Smithsonian Institution. You can read more about them here. In the coming weeks, we’ll take a look at other legislative proposals for fostering transparency. Meanwhile, let the sunshine in.

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Investigative Bulletin leaves for vacation at the end of the week and will return in mid-April.

Micah Morrison is chief investigative reporter for Judicial Watch. Follow him on Twitter @micah_morrison. Tips: [email protected]

Investigative Bulletin is published weekly by Judicial Watch. Reprints and media inquiries: [email protected]