DHS Breaks Promise to Court to Release Report on Illegal Alien Who Killed Virginia Nun in August 2010 Drunk Driving Accident
DHS Scheduled to Release Report by January 18, 2011, Now Claims Report is still in “Draft” Form
Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that the Obama administration broke a promise made to a federal court to release an internal memo detailing its investigation of an illegal alien who killed a Virginia nun in a drunk driving accident in August 2010. Judicial Watch filed a Freedom of Information Act (FOIA) lawsuit to obtain the report. The Department of Homeland Security (DHS) then told a federal court that the report would be released by January 18, 2011. However, the Obama administration now claims that the report is still in “draft” form and is therefore exempt from FOIA.
On January 6, 2011, Judicial Watch received the following message in an email from the Assistant U.S. Attorney (AUSA) assigned to Judicial Watch’s FOIA lawsuit:
“I have discussed this matter with the agency and have been advised that the requested report/memorandum has been processed and will be disclosed subject to redaction of certain personal/privacy information under FOIA Exemptions 6/7C. The agency hopes to disclose the material by January 18, 2011. Accordingly, you will receive and have an opportunity to review the release during the requested 30-day extension period. We can then discuss what, if anything, remains of the case.”
Indeed, in seeking court permission on January 13 to get more time to answer Judicial Watch’s lawsuit, the agency likewise told the court (The Honorable Emmet G. Sullivan) that “the report memorandum…has been promised and will be disclosed subject to redaction of certain personal privacy information.” The agency told Judicial Watch that it hoped to “disclose the material in the next week and believed the anticipated disclosure will moot the lawsuit.” Based upon this representation, Judicial Watch did not oppose the request for more time. The Court, also relying on this representation that the report was set to be released in a week, granted the Obama administration’s request for more time.
And now… the rest of the story. …..
Harold
