FOIA Eyes Only

White House Admits It Did Not Begin Search for FOIA Documents Until Almost a Year After They Received Request—And It Gets Worse

[FOB FREEDOM, September 8, 2024] Any station? Any station? Do you read? Over.

Live from the world’s newest banana republic. . .

America prepares to observe the anniversary of the terror attacks on 9/11, a controversial topic that has spawned multiple conspiracy theories, but now a FOIA request that even the DoJ practice manual would describe as “simple”, not “complex” has spawned a desperation move to shutdown a little known litigation about classification of a topic that, under Executive Order 12,958, could not be classified at all. So, why did the Deputy General Counsel at OMB file a declaration at the federal court in D.C. on August 30th, prepared rapidly on August 28th, to claim that the government had not only launched a search party to locate the documents, tasking levels as high as the NSC, for something that could not have been classified at all, and why did that matter go through three litigations, just to get the White House to cough up a response?

The smoking gun in a global public health emergency may not be in an email written by Anthony Fauci, M.D., but rather in just two provisions in an Executive Order put into effect in the Obama Administration. How much did that President not know?

Under Executive Order 12,958, Section 1.2(a)(2), ), “‘[i]nformation may be originally classified under the terms of this order only if’, in relevant part, ‘the information is owned by, produced by or for, or is under the control of the United States Government’”, and, “[f]urthermore, under Executive Order 12958, Section l.l(b), ‘’[i]nformation’ means any knowledge that can be communicated or documentary material, regardless of its physical form or characteristics, that is owned by, produced by or for, or is under the control of the United States Government.” Yet, when a request to determine whether basic epidemiological metrics on a virus now attributable to as many fatalities as had been incurred in the Holocaust, and in half the time, the White House had essentially elected a right to remain silent, not responding any more to the request, received on March 21, 2021, two weeks after the pandemic declaration anniversary, and launching of the American Rescue Plan, which has now resulted in a total of three litigations, not even one covered in any press.

Much worse, apparently not even the Intelligence Community that the President had tasked on May 26, 2021, apparently knew that, under Executive Order 12,958, Section 1.7(b), “[b]asic scientific research information not clearly related to the national security shall not be classified.” And, according to OMB Deputy General Counsel Heather V. Walsh, she had reviewed the request and assigned a personnel security classification of “Confidential”, not Top Secret, or Secret, the only place where information that is “secret, compartmented information”, or SCI, might possibly be found, essentially a wild goose chase search for information that could only be discovered if, somehow, it had been misclassified or mishandled, which, they now claim did not occur.

Hoping to finally put to rest what even Judge Dabney L. Friedrich had described as involving a “protracted history”, recently in a minute order, Assistant U.S. Attorney John “Jack” Bardo, had filed a motion for summary judgment, along with Ms. Walsh’s declaration, to argue that the government had employed their best efforts to conduct, in good faith, a search that was reasonably calculated to locate the requested documents that should not have been classified at all under Section 1.7, and, as it stands now, besides taking almost three years to close out a simple FOIA request, which should take only 20 days, the official position of the government is that they had conducted the search and there were no documents that conformed to the requester’s description.

Speaking directly to the novel virus and the COVID-19 pandemic, the DNC platform proudly announces, “[w]hen we do not have competent, experienced, compassionate leaders in government, the American people suffer”, casting the blame on former President Donald Trump, but, at least according to documents filed by the government in this litigation, the voters for Kamala Harris may be once again on a wild goose chase, clearly rejecting the science.

Just last month, CDC had published new guidance to encourage Americans to remember to get vaccinated with what had only been described as countermeasures in the Emergency Use Authorization (EUA) declaration, having been rushed to development without at least official knowledge of one of the metrics sought in the FOIA request, i.e., infectious dose, transforming the American Rescue Plan into a massive mobilization recruitment for a phase three clinical trial; so, not even the widely publicized “transition to phase three” went quite the way it had gone in most people’s heads. Was it a coverup? According to one former biological warfare planner, coverups do not usually find annotated bibliographic citations, and, at least most adult Americans, of majority age and able to make a decision, decided to blow off some important due diligence inquiry, and, under assumption of risk and contributory negligence, there is no remedy at law. Doubling down in litigation, the Biden Administration has asserted a claim of sovereign immunity.

Your elected representative is called your elected representative for a reason; and Martin Luther King and Jesus never got elected.

And let’s get ready to RUMBLE! https://rumble.com/vp2uk1-attorneys-need-not-apply-you-have-the-right-to-remain-silent.html.