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Thursday, December 14, 2017 - 6:00pm

Judicial Watch: State Department Made Deal with Hillary Clinton to Keep Call Log, Schedules Secret

(Washington, DC) – Judicial Watch today released new U.S. Department of State documents showing former Secretary Hillary Clinton and her then-Deputy Chief of Staff Huma Abedin were permitted to remove electronic and physical records under a claim they were “personal” materials and “unclassified, non-record materials,” including files of Clinton’s calls and schedules, which were not to be made public. The documents show the Obama State Department records would not be “released to the general public under FOIA.”

The new records also show that Huma Abedin was allowed to take five boxes of “physical files” out of the State Department that include records described as “Muslim Engagement Documents.”

Judicial Watch obtained the reports about the records from a Freedom of Information Act (FOIA) request for:

Any and all DS-1904 (Authorization for the Removal of Personal Papers and Non-Record Materials) forms completed by, or on behalf of, any of the following individuals:

Former Secretary Hillary Clinton

Former Chief of Staff Cheryl Mills

Former Deputy Chief of Staff Huma Abedin

Former Deputy Chief of Staff Jacob Sullivan

The documents include a list of official and personal calls and schedules that Clinton removed, which carry a special notation that the documents were not to be made public records. The notation is on an addendum to a DS-1904 signed by Clarence N. Finney Jr., then-director of the Office of Correspondence and Records, who was the reviewing officer. (Judicial Watch has a pending request for the deposition of Finney in separate litigation concerning Clinton emails and the Benghazi terrorist attack.):

NOTE: The Secretary’s call log, grid and schedules are not classified, however, they would not be released to the general public under FOIA. They are being released to the Secretary with this understanding. [Emphasis in original]

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Electronic copy of "daily files" - which are word versions of public documents and non-records: speeches/press statements/photos from the website, a non-record copy of the schedule, a non record copy of the call log, press clips, and agenda of daily activities

Electronic copy of a log of calls the Secretary made since 2004, it is a non-record, since her official calls are logged elsewhere (official schedule and official call log)

Electronic copy of the Secretary's "call grid" which is a running list of calls she wants to make (both personal and official)

16 boxes: Personal Schedules (1993 thru 2008-prior to the Secretary's tenure at the Department of State.

29 boxes: Miscellaneous Public Schedules during her tenure as FLOTUS and Senator-prior to the Secretary's tenure at the Department of State

1 box: Personal Reimbursable receipts (6/25/2009 thru 1/14/2013)

1 box: Personal Photos

1 box: Personal schedule (2009-2013)

The originals of some Clinton documents were retained, such as the call logs and schedules. For other records, including material that predates Clinton’s tenure, there is no indication that a copy was made. The most significant of these are her personal correspondence and gift binders, which could reflect Clinton Foundation and Clinton Global Initiative ties.

Through its previous investigations Judicial Watch made public numerous examples of Clinton’s schedule being broadcast via email through her unsecure, non-government server (for example, see here, here, here and here.)

The records uncovered by Judicial Watch also contain a list of materials removed by Clinton accumulated by Robert Russo, Clinton’s then-special assistant, including PDFs of Clinton’s “correspondence in response to gifts … thank you and acknowledgements,” as well as other records.

The documents indicate that Clinton removed a physical file of “the log of the Secretary’s gifts with pictures of gifts.”

The receipt of gifts by federal employees in the Executive Branch is regulated:

A “prohibited source” [of gifts] under the regulations is one who seeks official action from the employee’s agency; one who does business or seeks to do business with the agency; one whose activities are regulated by the employee’s agency; one whose interests may be substantially affected by the performance or nonperformance of the employee’s official duties; or an organization a majority of whose members fit any of the above categories.

A gift is given “because of” the employee’s official position if it would not have been offered “had the employee not held the status, authority or duties associated with his Federal position.”  Gifts that are “motivated by a family relationship or personal friendship” may therefore be accepted without limitation.

“We already know the Obama State Department let Hillary Clinton steal and then delete her government emails, which included classified information. But these new records show that was only part of the scandal. These new documents show the Obama State Department had a deal with Hillary Clinton to hide her calls logs and schedules, which would be contrary to FOIA and other laws,” said Judicial Watch President Tom Fitton. “When are the American people going to get an honest investigation of the Clinton crimes?”

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 Judicial Watch Sues California and Los Angeles Over Dirty Voter Registration Rolls

‘Eleven of California’s 58 counties have registration rates exceeding 100% of the age-eligible citizenry.’  

'California has the highest rate of inactive registrations of any state in the country. Los Angeles County has the highest number of inactive registrations of any single county in the country’

(Washington, DC) – Judicial Watch announced today that it filed a federal lawsuit against Los Angeles County and the State of California over their failure to clean their voter rolls and to produce election-related records as required by the federal National Voter Registration Act (NVRA) (Judicial Watch, Inc.et al. v. Dean C. Logan, et al. (No. 2:17-cv-08948)).  The lawsuit was filed in the United States District Court for the Central District of California’s Western Division on behalf of Judicial Watch, Election Integrity Project California, Inc., and Wolfgang Kupka, Rhue Guyant, Jerry Griffin, and Delores M. Mars, who are lawfully registered voters in Los Angeles County.

Judicial Watch argues that the State of California and a number of its counties, including the county of Los Angeles, have registration rates exceeding 100%:

Eleven of California’s 58 counties have registration rates exceeding 100% of the age-eligible citizenry.

Los Angeles County has more voter registrations on its voter rolls than it has citizens who are old enough to register. Specifically, according to data provided to and published by the EAC, Los Angeles County has a registration rate of 112% of its adult citizen population.

The entire State of California has a registration rate of about 101% of its age-eligible citizenry.

Judicial Watch points out that this is due in part to the high numbers of inactive registrations that are still carried on California’s voter rolls:

About 21% of all of California’s voter registrations, or more than one in five, are designated as inactive.

California has the highest rate of inactive registrations of any state in the country…. Los Angeles County has the highest number of inactive registrations of any single county in the country.

Although these inactive registrations should be removed after a statutory waiting period consisting of two general federal elections, California officials are simply refusing to do so.

Judicial Watch explains that, even though a registration is officially designated as “inactive,” it may still be voted on election day and is still on the official voter registration list. The inactive registrations of voters who have moved to a different state “are particularly vulnerable to fraudulent abuse by a third party” because the voter who has moved “is unlikely to monitor the use of or communications concerning an old registration.” Inactive registrations “are also inherently vulnerable to abuse by voters who plan to fraudulently double-vote in two different jurisdictions on the same election day.”

Judicial Watch sent a written request for public records on November 16, 2017, and another on November 29, 2017, seeking information about “the number of inactive registrations on the voter rolls in Los Angeles County,” but was told each time that there were no responsive records.

Last summer, Judicial Watch sent a broader request for voter roll records that Los Angeles County and the State of California are required by the NVRA to keep and to make publicly available. Nothing was produced in response to this request. Judicial Watch points out that it is impossible to believe that there were no responsive records:

Los Angeles County, with over five million active voters and massive list maintenance responsibilities, and the Secretary of State of California [must] have exchanged emails responsive to [Judicial Watch’s] request for “all email or other communications between the Secretary’s Office and all California County voter registration officials concerning . . . [i]nstructions to the counties concerning their general list maintenance practices and obligations” and “[n]otices to the counties concerning any failure to comply with their voter list maintenance obligations.”  Such emails should have been produced.

Section 8(a)(4) of the NVRA requires states to implement a program to remove ineligible registrants; and to turn over relevant records and information. Judicial Watch argues:

Los Angeles County is failing to properly conduct the list maintenance required by the NVRA by failing to properly train employees, failing to require and enter registrants’ birthdates, and failing to timely process reports that registrants have died, have committed disqualifying felonies, are mentally incompetent, or have registered twice.

Judicial Watch asks that the court enjoin Los Angeles County and the state of California from further violating the NRVA, and compel them to “develop and implement a general program that makes a reasonable effort to remove from Los Angeles County’s rolls the registrations of ineligible registrants.”

Judicial Watch asks to inspect and copy the requested voter roll records. Judicial Watch sent a notice-of-violation letter in August 2017 to threatening to sue California and certain of its counties over their violations of the NVRA. California was one of 12 states to receive such letters from Judicial Watch.

"California may have the dirtiest election rolls in the country,” said Judicial Watch President Tom Fitton. “Federal law requires states to take reasonable steps to clean up their voting rolls. Dirty voting rolls can mean dirty elections. This lawsuit aims to ensure that citizens of California can have more confidence that their elections are fair and honest.”

Judicial Watch Senior Attorney and Director of its Election Integrity Project Robert Popper recently provided testimony to the Presidential Advisory Commission on Election Integrity concerning the NVRA. Popper was formerly Deputy Chief of the Voting Section of the Civil Rights Division of the Justice Department.

Judicial Watch sent notice-of-violation letters threatening to sue 11 other states having counties in which the number of registered voters exceeds the number of voting-age citizens, as calculated by the U.S. Census Bureau’s 2011-2015 American Community Survey: Alabama, Florida, Georgia, Illinois, Iowa, Kentucky, Maryland, New Jersey, New York, North Carolina and Tennessee. Judicial Watch informed the states that should they fail to take action to correct violations of Section 8 of the NVRA, it would file suit.

Judicial Watch previously filed successful lawsuits under the NVRA against Ohio and Indiana that resulted in those states taking several actions to clean up their voting rolls. Judicial Watch is currently suing Kentucky over its failure to remove ineligible voters as required by the NVRA, and is suing the State of Maryland and Montgomery County over their failure to release voting-related records.

Judicial Watch is being assisted by Charles H. Bell Jr., of Bell, McAndrews & Hiltachk, LLP; and H. Christopher Coates of Law Office of H. Christopher Coates.

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Why Lois Lerner believes U.S. taxpayers have ‘no legitimate’ reason to see her tea party testimony

Source: The Washington Times

 

Former IRS senior executive Lois G. Lerner told a federal court that there’s “no legitimate” reason why the public should see her testimony about her role in tea party targeting, pleading with a judge to keep her deposition permanently sealed. Ms. Lerner and her former chief lieutenant, Holly Paz, said they fear any more attention to their behavior would spur a new round of harassment.

 

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Background Notes from Judicial Watch

 

 

 

 

 

04/16/2014

 

IRS Documents Show Lerner in Contact With DOJ about Potential Prosecution of Tax-Exempt Groups

Source: Judicial Watch

 

Internal IRS documents revealing that former IRS official Lois Lerner communicated with the Department of Justice (DOJ) about whether it was possible to criminally prosecute certain tax-exempt entities. The documents contain an email exchange between Lerner and the then-Chief of Staff to then-Acting IRS Commissioner Steven T. Miller discussing plans to work with the DOJ to prosecute nonprofit groups that “lied.”

 

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07/28/2015

 

IRS Produces Recovered Lerner Emails

Source: Judicial Watch

 

Newly released ocuments show that Lois Lerner and other top officials in the Exempt Organizations Unit of the IRS, including soon-to-be Acting IRS Commissioner Steve Miller, closely monitored and approved the controversial handling of tax-exempt applications by Tea Party organizations. The documents also show that at least one group received an inquiry from the IRS in order to buy time and keep the organization from contacting Congress.

 

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04/09/2015

 

Judicial Watch: IRS Documents Reveal Lerner Knew Targeting Criteria of Nonprofit Groups ‘Might Raise Questions’

Source: Judicial Watch

 

IRS documents include an email from former IRS official Lois Lerner in February 2012 asking that a program be set up to “put together some training points to help them [IRS staffers] understand the potential pitfalls” of revealing too much information to Congress. The documents also contain a Lerner email from 2013 in which she says she is willing to take the blame on some aspects of the scandal.

 

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