Wintery Knight

…integrating Christian faith and knowledge in the public square

Judge orders DOJ to release Fast and Furious documents blocked by Obama

Katie Pavlich reports on it for Townhall.com.

Excerpt:

Thanks to a Freedom of Information Act Lawsuit pursued against the Department of Justice by government watchdog Judicial Watch, the U.S. District Court for the District of Columbia has ruled documents being withheld from Congress under President Obama’s claim of executive privilege must be turned over. Obama made the claim on the same day Attorney General Eric Holder was voted in criminal and civil contempt of Congress in June 2012.

“This order forces the Obama DOJ, for the first time, to provide a detailed listing of all documents that it has withheld from Congress and the American people for years about the deadly Fast and Furious gun running scandal,” Judicial Watch released in a statement.

The FOIA lawsuit has been ongoing for 16-months and is now proceeding after a lengthy delay. The Justice Department originally asked the court for an indefinite hold on a FOIA request from Judicial Watch, citing executive privilege and an ongoing investigation. That indefinite hold request was shot down more than a year ago.

The documentation DOJ is required to now turn over is a “Vaughn index” of “all requested Fast and Furious materials from a June 2012 Judicial Watch FOIA request.”

A Vaughn index must: (1) identify each document withheld; (2) state the statutory exemption claimed; and (3) explain how disclosure would damage the interests protected by the claimed exemption.” In ordering the DOJ to provide Judicial Watch the Vaughn index, the Court ruled, “In this circuit, when an agency is withholding documents under exemption claims, courts require that the agency provide a Vaughn index so that the FOIA requester – at a distinct informational disadvantage – may test the agency’s claims.”

“Once again, Judicial Watch has beat Congress to the punch in getting key information about another Obama scandal – this time, the Fast and Furious outrage,” Judicial Watch President Tom Fitton said in a statement. “A federal court has ordered the Obama administration to produce information that could, for the first time, provide specific details who in the administration is responsible for Fast and Furious lies to Congress and the American people. This is a battle that put Eric Holder in contempt of Congress, saw Nixonian assertions of executive privilege by Barack Obama, and a hapless Congress in face of all this lawlessness. Finally, we may get some accountability for Border Patrol Agent Brian Terry and the countless others murdered as a result of the insanely reckless Obama administration program.”

Unfortunately, this is coming too late for Obama’s 2012 re-election contest, and the mainstream media is unlikely to report it, just like they failed to report the IRS scandal. But if we all share this story, it will help people to realize how lawless and corrupt this administration really is. It’s gangster government, as Michele Bachmann said. The crooks are in charge.

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After a year of stalling, IRS blames loss of e-mails on “hard drive crash”

Most ethical administration in history - not a smidge of corruption

Most ethical administration in history not a smidgeon of corruption

Sharryl Atkisson (formerly of CBS News) is has questions for the IRS about lost e-mails..

Excerpt:

According to the House Ways and Means Committee, the IRS reports having “lost” former IRS manager Lois Lerner’s emails to and from other IRS employees sent between January of 2009 and April of 2011 due to a ‘computer crash.’

In light of the disclosure, these are some of the logical requests that should be made of the IRS:

  • Please provide a timeline of the crash and documentation covering when it was first discovered and by whom; when, how and by whom it was learned that materials were lost; the official documentation reporting the crash and federal data loss; documentation reflecting all attempts to recover the materials; and the remediation records documenting the fix. This material should include the names of all officials and technicians involved, as well as all internal communications about the matter.
  • Please provide all documents and emails that refer to the crash from the time that it happened through the IRS’ disclosure to Congress Friday that it had occurred.
  • Please provide the documents that show the computer crash and lost data were appropriately reported to the required entities including any contractor servicing the IRS. If the incident was not reported, please explain why.
  • Please provide a list summarizing what other data was irretrievably lost in the computer crash. If the loss involved any personal data, was the loss disclosed to those impacted? If not, why?
  • Please provide documentation reflecting any security analyses done to assess the impact of the crash and lost materials. If such analyses were not performed, why not?
  • Please provide documentation showing the steps taken to recover the material, and the names of all technicians who attempted the recovery.
  • Please explain why redundancies required for federal systems were either not used or were not effective in restoring the lost materials, and provide documentation showing how this shortfall has been remediated.
  • Please provide any documents reflecting an investigation into how the crash resulted in the irretrievable loss of federal data and what factors were found to be responsible for the existence of this situation.
  • I would also ask for those who discovered and reported the crash to testify under oath, as well as any officials who reported the materials as having been irretrievably lost.

The Committee had requested the Lerner emails as part of its investigation into to the targeting of conservative non-profits by the IRS. The Obama administration has denied any corruption or intentional wrongdoing. Lerner took the Fifth when asked to testify to Congress. The House of Representatives subsequently held her in contempt. The lost materials are said to include any communications that may have occurred between Lerner and outside agencies or groups such as the White House, the Treasury Department, the Department of Justice, the Federal Elections Commission and the offices of Democrats.

House and Ways Committee Chairman Dave Camp (R-Mich.) says that along with providing news of the emails that have been lost, the IRS suggested in the same letter to Congress that it end its investigation.

The leftist Washington Post explains that the Democrats’ excuse of “computer crash” makes no sense, since e-mails are not stored on individual computers, but on servers that are protected from disasters.

Excerpt: (links removed)

On Friday afternoon, the IRS apparently informed the House Ways and Means Committee that it cannot produce any e-mail correspondence from January 2009 to April 2011 between Lois Lerner and anyone outside the IRS – e.g., the White House, the Department of Justice, the FEC or Democratic congressional offices.  According to the IRS, these 28 months of e-mails were wiped out by a “computer crash.”

Here is the commissioner of the IRS, testifying before Congress in March that the e-mails of employees such as Lerner are “stored in servers.”  Here is a PowerLine post arguing that the “computer crash” excuse is “implausible to anyone who understands how email systems work.”  And here is House Ways and Means Committee Chairman Dave Camp (R-Mich.) calling for “an immediate investigation and forensic audit by Department of Justice as well as the Inspector General.”

The IRS is blaming a “hard drive” crash for the loss – as it the e-mails were stored on Lois Lerner’s computer. But as an IT professional with 15 years experience, this is a joke – on the order of the blaming of a terrorist attack on a Youtube video.

In enterprise IT systems, critical data (including e-mails) are replicated across multiple server clusters in multiple geographic locations. Large companies typically have disaster recovery exercises in order to ensure that even catastrophic situations will not result in data loss. You would think that the Democrats could have come up with a better story to cover up who was responsible for the persecution of Tea Party groups  in order to win the 2012 election, but alas, no. We truly have been governed by clowns since January 2009.

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House Republicans vote to hold Lois Lerner in contempt of Congress

From CBS News.

Excerpt:

The Republican-led House voted Wednesday to hold former Internal Revenue Service official Lois Lerner in contempt of Congress for refusing to answer questions related to the agency’s undue scrutiny of certain tax-exempt groups.

The vote to hold Lerner in contempt of Congress was 231-187, with all Republicans voting in favor and all but a few Democrats voting against.

It’s now up to a local U.S. attorney to consider criminal charges against Lerner. The Justice Department, however, has ignored past contempt charges against executive branch officials, including contempt charges against Attorney General Eric Holder.

[...]Republicans maintain they are determined to get to the bottom of the scandal and find out why IRS officials, starting in 2010, unfairly targeted groups for their political activity.

[...]In addition to holding Lerner in contempt, the House also voted 250-168 to approve a resolution calling on Holder to appoint a special counsel to investigate the IRS targeting.

According to Hot Air, “Lerner could face fines up to $100,000 and even a up to a year of jail time”.

In other news, Trey Gowdy, who is heading the new select committee on Benghazi, is kicking some serious ass.

Transcript fragment:

MEGYN KELLY: I know you said you intend to subpoena her, that you want her to appear before your committee. However, and I say this respectfully, the last time she appeared before Congress what we had was a series of speeches from the lawmakers, without that many probing questions. I hear that from my viewers often when we look back on those hearings. What would be different this time?

TREY GOWDY: Well, what will be different is I’m not necessarily committing to hearing. I’m committing to the getting the answers and may be in the form of a deposition, which, as you know, Megyn, as a very good attorney, which you once were, that is the route that is most conducive with eliciting the truth. It’s not five minutes of pounding your chest in a committee room. It’s a deposition.

MEGYN KELLY: Can she get out of that?

TREY GOWDY: Well, if she can get out of a subpoena, she can get out of it. But I don’t send invitations to cocktail parties. We’re going to send subpoenas and we’re going to expect her to comply and if you don’t comply, she’ll suffer the same panoply of consequences that any of your viewers who don’t comply with a subpoena would suffer.

I was hoping they were going to pick him to lead the committee, and I believe we are finally going to get some answers on this scandal.

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Boehner announces select committee to investigate the Benghazi cover-up

From the Daily Caller.

Excerpt:

South Carolina Republican congressman Trey Gowdy claimed he has evidence of “a systematic, intentional decision to withhold certain documents from Congress” about the Benghazi attacks and alleged White House cover-up.

Gowdy spoke with Fox News’ Greta van Susteren about Speaker of the House John Boehner’s Friday decision to form a select committee on Benghazi. The congressman explained that the committee will allow a more complete investigation into the issue, unburdened by the jurisdictional restraints that often plague other committees.

“If you want to have Greg Hicks and the station chief from Tripoli and Hillary Clinton all sitting at the same table, you need to have a committee that has the power to do that,” Gowdy said. “And a select committee would have that power.”

Gowdy — widely viewed as a frontrunner to chair the new committee — later told Susteren he supports Congress’ subpoena of Secretary of State John Kerry in order to get documents they have long awaited from the State Department.

He then added he has proof that documents relating to Benghazi and the alleged Obama administration cover-up have been deliberately withheld from Congress.

“Well, I have evidence that not only are they hiding it, there is an intent to hide it,” he claimed. “I can’t disclose that evidence yet, but I have evidence that there was a systematic, intentional decision to withhold certain documents from Congress.”

And guess what? Boehner has now announced the formation of a special committee. And Gowdy is one of the candidates to lead it.

Excerpt:

House Republicans moved on two fronts Friday to dig for answers on Benghazi, with Speaker John Boehner announcing a special committee to investigate and a key panel subpoenaing Secretary of State John Kerry to testify.

In a significant shift, Boehner announced that the House will vote on establishing a select committee to investigate, on the heels of newly released emails that raised additional questions about the White House’s response.

[...]The committee is expected to be bipartisan, and Fox News is told Rep. Trey Gowdy, R-S.C., is among those being considered to lead it. 

Gowdy should be picked to lead it. It is a former prosecutor and he knows how to cut through the baloney.

In addition, Darrell Issa has sub-poena’d John Kerry to explain why documents the GOP has requested have not been received:

On the heels of those documents, the House Oversight and Government Reform Committee also announced Friday that it has issued the subpoena for Kerry to testify at a May 21 hearing. The chairman of that committee has accused the administration of hiding records following an earlier subpoena.

“The State Department’s response to the congressional investigation of the Benghazi attack has shown a disturbing disregard for the Department’s legal obligations to Congress,” Chairman Rep. Darrell Issa, R-Calif., wrote in a letter to Kerry.

He added: “Compliance with a subpoena for documents is not a game. Because your Department is failing to meet its legal obligations, I am issuing a new subpoena to compel you to appear before the Committee to answer questions about your agency’s response to the congressional investigation of the Benghazi attack.”

So we are going to finally get some answers. This recent shift from Boehner comes as a result of the e-mails that surfaced last week, implicating the White House in the Benghazi cover-up. I would like to know exactly who was responsible for inventing the YouTube video story.

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E-mails: Susan Rice prepped to lie about Benghazi by White House

From Investors Business Daily.

Excerpt:

Newly obtained emails on Benghazi show then-U.N. Ambassador Susan Rice was coached by a key White House aide to lie and ignore the facts known and reported on the ground to make the administration look good.

The fish rots from the head, as the saying goes, and no further proof is needed than a Sept. 14, 2012, email from Ben Rhodes, an assistant to the president and deputy national security adviser for strategic communications, contained in more than 100 pages of documents released by Judicial Watch and obtained in a Freedom of Information Act request.

That email, with the subject line: “RE: PREP Call with Susan: Saturday at 4:00 p.m. ET,” was sent to other key White House staffers such as then-Communications Director David Plouffe and Press Secretary Jay Carney the day before now-National Security Adviser Susan Rice made her whirlwind tour on five Sunday news show appearances to specifically and emphatically blame an Internet video for the Sept. 11, 2012, attack on the American diplomatic mission in Benghazi, Libya, in which U.S. Ambassador Christopher Stevens and three other nationals were killed.

One of the goals listed in the emails was the need for Rice “to underscore that these protests are rooted in an Internet video, and not a broader failure or policy.” She was also to “reinforce the President and Administration’s strength and steadiness in dealing with difficult challenges.” Her job was not to tell the truth, but to put lipstick on the Obama administration’s Benghazi pig.

The documents include a Sept. 12, 2012, email from Payton Knopf, a former deputy spokesman at the U.S. Mission to the United Nations, in which Knopf informs Rice that senior officials had already dubbed the Benghazi attack “complex” and planned in advance. Yet Rice would still insist on her TV tour that the Benghazi terrorist attacks were “spontaneous.”

In early April, former deputy CIA director Michael Morell, who was heavily involved in editing the now infamous talking points, told lawmakers it was Rice, on the Sunday shows, who linked the video to the Benghazi attack and that the video was not part of the CIA analysis.

The Rhodes email was not part of the 100 pages of emails released by the administration last May, and we can see why. As we noted at the time, that email package showed a successive pattern of edits with White House involvement designed to remove any hint of terrorist involvement to fit the administration’s campaign narrative that the war on terror was over and won.

Those emails show that Rhodes and National Security Council spokesman Tommy Vietor were alerted that the intelligence community was drafting talking points that as late as 3:04 p.m. on Friday, Sept. 14, still included references to extremists tied to al-Qaida and an “attack.”

The terms “al-Qaida” and “attack” were stripped out by 4:42 p.m., and shortly afterward Vietor thanked colleagues for revisions and said they would be vetted “here,” as in the White House. He then forwarded “edits” from John Brennan, the current CIA chief who then was a White House counterterrorism adviser.

In a White House meeting on Saturday morning, Sept. 15, the CIA, at the direction of the State Department and White House, drafted the final version of the talking points from which all references to al-Qaida and security warnings in Benghazi before the attack were deleted.

The question of how the video story was concocted out of whole cloth, by whom and why, and why it was trumpeted by Rice, then-Secretary of State Hillary Clinton and President Obama himself with such fervor at the United Nations has remained unanswered until now.

I was talking to my Dad on Skype when this came out, and I told him about it. He said “that’s it for Hillary Clinton”. But I really wonder about that. After all, we knew a lot of things about Obama’s past before he was elected – like his votes against a born alive infant protection bill. But that didn’t stop people from voting for him.  I am not sure if truth still matters to the American people. In a different time, this cover-up by the White House would be an impeachable offense. But all of his scandals – IRS targeting Tea Party groups, Fast & Furious gunrunning to drug cartels, NSA wire-tapping, Benghazi cover-up, etc. – seem to have just rolled off him.

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