CRE

'VT I citizens for responsibility

I Wand ethics in washington
February 10, 2011
By Facsimile (7032350442) and email (oialQ)hq.dhs.IO\')
DircClnr. Disclosure and FOIA
FEB i a2010
Privacy Office
U.S, Department of Homeland Security
245 Murray Dri\'e SW, Building 41 0
II-!) 10-J;
STOP655
Washington. f),C. 20528()655
Re.: Expedited Freedom of Information Act Request
Dear SiriMad,lm:
Citizens tor Responsibility and Ethics in Washington ("CREW") makcs this request for
records, regardless of fannat, medium, Of physical characteristics, ulld including electronic
records and infol'nlntion, audiotapes, videotapes and photographs, pursuant to the freedom of
[nlormation Act (HFOIA"), 5 U.S.C. 552. el seq., and U.S. Deparlment ()fHomelund Securiw
C'DHS") regulations, 6 C,P.R. Chapter 1and Part 5.
Specifically, CREW seeks any and all records of communications among and between
Rep. Darrell E. Iss!! and/of anyone acting on behalf of Rep. Issa or the HOllse of
Committee on Oversight and Government Reti)rm ("Oversight Committee"), Rep. Issa's
personal staff. any stafT of. lind any investigators internal or exlem.t1 to the Oversight Comrni!!ee
including hUI not limited 10 Robert Borden, Larry Brady, Steve Castor, Ashok Pinto, Matthew
TaH01cr, and/or Peter Warren and: (I) any employee of the DBS Privacy Office including. but
not limited to, WiIli.inl H. Ilolzcrland, Catherine M. Papoi, and/or V,mia T. Lockett.
CREW also seeks an)' and all records of communications ,tl1long and between DHS'
Office of Inspector General and Rep, Is:.a, Rep. Elijah E. Cummings, and/of anyone acting un
helml!' of Rep. IsS<! and/or Rep. Cummings.
Please search tor l'csp<msivc records regardless of tonnal, mcdium, or physic!!1
characteristics. Where possible, please produce records cit:clf()nically, in PDF or TIF formal on (I
CD-ROM, We seek records of any kind, including electronic records, audiotapes, videotapes,
and photographs, Our request includes any emails. facsimiles, telephone messages, voice
mait messages, and trnnscripts. noles, or minutes of any meetings, telephone ct1nVCTs;ltiollS, 0\'
diSt:'ussions. Our request also includes any attachments to these records,
Director, Disclosure and FOIA
February 10, 20 II
Pag<.:Two
If it is your position thal any portion of the requested records is exempt ti'oll\
disclosure, CREW requests that you provide it with an index orthosc documents as required
under Vaught; v. Rosen, 484 f.2d R20 (D.C, Cir. 1973), c{trl. denied, 415 U.S. 977 (l972). As
YllU are aware, a Vaughn index must describe each document claimed as exempt with sumeicnt
specificity "to permit a rea.-.;oned judgment liS to whether the malerial is aclullily exempt under
rOtA." Founding Church o{Scieflloiogy v. Bell, 603 F.2d 945, 949 (D.C. Cir. 1979). Morcovet.
the Vaughn index must "describe each document or p(lrtion thereof withheld, and for ellch
withholding it must discuss the consequences of supplying the information." King \I.
U.S. 'I ofJusr!c..:. 830 F.2d 210.223-24 (D.C. Cir. 1987) (emphasis added). "the
withholding agency must supply 'a relatively detailed justification, specifically identifying the
reasons why a particular exemption is relevallt and correlating those claims with the particular
part or a withheld document to which they applY.'" Id at 224 (citing lIlead Data CenlraJ v. US
Dep', 4thI:' Air Force, 566 F.2d 242, 251 (D.C. eir. 1977.
In the event some portions of the requested records arc properly exempt from disclosure.
please disclose any reasonably segrcgable non-exempl portions of the requested records. See 5
U.s.C. 552(b). Ifit is your positi<m that a document contains non-exemptscgments, but that
those non-exempt segments are so dispersed throughout Ihe document as to make segregation
impossible, please state what porti(m of the document is non-exempt, and how the material is
dispersed throughout the document. Mead Data Cenltai, 566 F .2d at 261. Claims of
nonsegregability must be mu(k- wilh the same degree of detail as required for claims of
exemptions in a Vaughn index. If a request is denied il1 whole, please stale specitically thaI il is
not reasonable to segregate portions oflhc record f(lr release.
Fee Wlliver Request
In accordance with 5 U.S.C. 552(a)(4)(A)(lii) and 6 C.F.R. 5.) J, CREW 1'C<luests a
waiver of lees associated with processing this request for records. The subject of this request
concerns the openllions oftne federal government and the disclosures likely will comribule to a
better understanding or relevant government procedures by CREW and the general public in a
signilieant way. Moreover, the request 15 prlmalily and ftlndamentally for non-cummcrcial
5 U.S.c. 552(a)(4)(t\)(iii). See. e.g, A1cCfelhm Ecological v. Carlucc:f, 835 F.2d
12S2, 1285 (9th Cil". 1(87).
These records arc likely 10 contribute to greater public awareness of DIIS's FOIA review
policies and practices and the truthfulness oflhe allegation lhat political appointees at DHS have
interfered with Ihe FOIA review process at DBS. This issue currently is thl! subject of an
im'cstisution by Rep. lssa as chairmml of the House Oversight Committee bllsed on his claim that
un unnamed individua.! has provided him wilh inlbrlmlti"n "that top PHS officials were involved
in restricting information released under FOIA requests." lake Sherman, lssa Battles PHS Over
fQIA R,quesls, {'olitico, February 2, 20J 1 (enclosed as Exhibit A), Rep. Issa together with Sen.
Director, Di1{c1osure lind rOlA
Fehruary 10,201 I
I)age Three
Charles Grassley began in investigation of this issue las! August when the two scnt letters to 29
government agency inspectors gcneraJ. including mIS's inspector generaL Reportedly DHS
denied any inappropriate meddling by political level officials. yet Rep, is continuing to press
the issue based Oil undisclosed information from a so-called whistlcblower." Shennan. Politico,
Pcb. 2, 201 L
The requested documents would shed light 011 this issue and the trut.hfulness of tile
allegation Ihnt certaill DHS omcials have politicized rOJA processing at the il!:(cncy by
improperly illlerfering ",;tl1 nnd delaying agency responses 10 FOIA requesters, In addition, the
I'cqut."Stcd documents would bring transparency tt) a process that to date has been shrouded in
secrecy based all unidentified information from unnamed individuals that, aCCDrdingly, thremens
IO undermine public coufidcJ1Ce in D!IS'5 udministnltion of its duties under the F01A.
CR.EW is a non-profit corporatiolJ, orgnnil.ed under section 50 I (c)(3) ofthc Internal
Revenue Code. CREW is committed to protecting the public's right to he awafC of the activiti!;!!>
of gowrnmcnt officials and to ensuring the integrity of those officials, CREW uses a
combination of research, Iitigatkm, and advocacy to advance its mission, The release of
inlhrmution garnered through this request is nol in CREW's financial interest CREW will
analyze the infonnation responsive to this request, and will share its analysis with the public,
either through memoranda, repol'ts, or press releases, In nddition, CREW will disseminate any
documents it acquires from this requ .. 10 the public through its website,
w\\wxiti)l:cllsforelhics.org, which also includes Jinks to thousands of pages of CREW
acquired through its multiple F01A requests as well as documents related to CREW's Iiligadoll
and ngency complaims, nod lhl\Jugh Www.scribd.coro.
Under these circumstances, CREW satislies fully the criteria for a fee \V8iver.
CREW also asks that it lIot be charged search or review fees for this request because
CREW qualities as a "representative of the news media" pursuant to the rOIA and DRS
regulation 6 C.ER. 5.11. In Nat 'I Sec. Archive v, U.S {)ep 'I o/D(:(mse, 880 F.2d 1381, 1386
(D.C. Cir. 1989), Ihe Court or Appeals lor the District of Columbia Circuit found the National
SI.."Curity Archive was a \'cprcsentativc of tile news media under the FOIA, relying on the rOINs
Icgisl<l!i vc histOl)'. which indicates the- phrase "rcprcsenllltive of the news media" is to be
interpreted brQadly; "it is c..:1itical ,hilt the phrase 'representative {lfthe news mcdia' be broadlY
interpreted if the act is to work as expected... , In fact. any perso1l or orgal1izalion which
regularly publishe.\' or disseminafcx inj(mnaliun 10 Ihe puhlic , ' . .>lrouhJ qual!!.V};'r wail'a.\' as (J
'represenwlive oflhe news media. '" 132 ('ong. Rec. S14298 (daily cd. Sept 30, I 986)
added), cited in hi.
Director. Disclosure and FOIA
February 10,2011
Page Four
CRE\V routinely and systematically disseminates information to the fl\lblic ill several
ways, First, CREW maintains a fh:quently visited website, wViw,citi7,cns(ol'!,;tbis;s,prg, that
received 53,145 page views in January 201 L In addition, CREW posts all of the documents it
receives under the FOIA 011 WVl\v,scdbd.con), and that site has received 607,799 visits to
CREW's documents since April 14,2010,
Second, since May 2007 CREW has published an online newsletter, CREWCUIS, that
currently has 16,960 subscribers. CREWCl/fS provides subscribers "ith regular updates
regarding CREW's activities and information the organi7.1llion has received from government
entities. A complete archive of pas! CREWeuls is available at

Third, CREW publishes a blog, Cilizens bluggingj;,r N!sponsibilily and efhics ill
Washington, that reports on and analY7..es newsworthy developments regarding government ethics
and corruption. The blog, located 8t htlp;l/wwv... ,ciliznesfo1"Clhks.orQlbloll. also provides links
that direct readers to other news articles and commentary on these issues. CREW's blog had
4,045 page views in January 2011.
Finally. CREW has published numerous reports to educate the public about government
ethics and corruption. See 'TIlt? Revolving Doar. a comprehensive look into the
activities of 24 former members of Pn:sidcnt Bush's cahinet; Record Chaw;. which examines
agency compliance with electronic record keeping responsibilities; and 11wse Who Dared: 30
Officials Who SlOod Up For Our COImIIY. These IIml all other CREW's reports are available at
htt!?://www.cill?:cn;;Jincthics.prg/rcpnrls.
Based on these extensive publication activities, CREW qualifies tor II fee waiver as II
of the news medi&" under the FOiA and agency regulations,
Request for Expedition
Pursuant to 5 U.s,C. 552(a)(6)(E)(i) and 6 C,r.R. 5.5, CREW re'luest:; that DlIS
expedite the processing or this request in lighl t)rthc compelling need for the public to have
to the requested information. As explained above, CREW is engaged primarily in the
dissemination of information it gathers iTom a variety of sources, including the fOIA. and secb
the information requested here for the express purpose of disseminating it to the pUblic.
CRE\\l's website and www,scrihd.comcontain lillks to thousands ofpagcs ofdocumcllls CREW
acquired from multiple FOIA requests, as well as documents related to CREW's F01A litigation
and other complaints,
llere there is a compelling need to inform the public about the truthfulness behind
allegations that DHS's processing ofFOIA requests has been compromised by interference from
Director, Disclosure and FOJA
February 10.2011
p.tge Five
poli1ical appointees. The public also nceds this inli.1m1alion 10 judge the legitimacy of the
ongoing congressional investigation into this malter, despite mIS's deniahi. The lack of full
disclosure /llld transparency surrounding this controversy undermines public confidence in both
DHS and Congress, and distracts DHS {hun attending to the already pressing demand to process
FOIA requests and reduce its backlog. Release oflhe requested documents answer quesliO!1s
as to whether DlIS's FOTA processing has been subject 10 political interference.
Under these circumstances, CREW c1enrly meets the requirement, for expedition set out
in the FOIA and DHS regulations.
PurSIJ.1nt 10 C.F.R. 5.5(d)(3), the undersigned hereby certifies that the basis lor this
request for expedition is true and com.-ct to the best of her knowledge and belief.
If you have any questions about this request or any problems in releasing fully the
requested reconls I)[ease contact me at (202) 4085565. Also, if either CREW's request for a fee
waiver Of its request for expedition is nm granted in full, please contact our office immediately
upon making Stich n determination. Please send the requested records to Am1e L. Weismann,
Citizens !t)r Responsibility and Ethics in Washington, 1400 Ere Street, N.W., Suite 450.
Washillgtoll, D.C. 20005.
Siocerely, .

Anne L. Weismann
Chief Counsel
Enclosure
citizens for responsibility
CREWI
and ethics in washington
1400 Eye SU:eet N.W., Suite 450
Washington, D.C. 20005
Phone: 202408-5565
Fax: 202-588-5020
FACSIMILE TRANSMITTAL SHEBT
TO: FROM:
Ottector, Disclosure and FOIA .A.nn.e Weismann
COMPANY: DATE:
Privacy Office, U.S. Department of FEBRUARY 10,2011
Homeland Security
RECIPIEN'I"S FAX NUMBER;
PAGEt OF 10
703-235-0442
RECIPIENT'S PHONE NUMBER: RE;
Please see enclosed expedited FOlA request
NOTES/COMMENTS!
Pages transmitted are privileged and confulentiaL
citizens for responsibility
CREW I
and ethics in washington
February 10.2011
By Facsimile (703-235-0442) and email (f!lia@bq.dhs.IOV)
Director, Disclosure and FOIA
Privacy Office
U.S. Department of Homeland Security
245 Murray Drive SW, Building 410 .
STOP-655
Washington, D.C. 2 0 5 2 8 ~ 0 6 5 5
Re: Expedited Freedom of Information Act Request
Dear SirlMadam:
Citizens for Responsibility and Ethics in Washington ("CREWj makes this request for
records, regardless of fonnat, medium, or physical characteristics, and including electronic
records and information, audiotapes, videotapes and photographs, pursuant to the Freedom of
Information Act ("FOIA"), 5 U.S.C. 552, et seq., and U.S. Department ofHomeland Security
("DHS") regulations, 6 C.F.R. Chapter 1 and Part 5.
Specifically, CREW seeks any and all records of communications among and between
Rep. Darrell E. Issa and/or anyone acting on behalf of Rep. Issa or the House ofRepresentatives
Committee on Oversight and Oovernment Reform (''Oversight Committee"), Rep. Issa's
personal staff, any staff of, and any investigators internal or external to the Oversight Committee
including but not limited to Robert Borden,. Larry Brady, Steve Castor, Ashok Pinto, Matthew
Tallmer, and/or Peter Warren and: (1) any employee of the DHS Privacy Office including. but
not limited to. William H. Holzerland, Catherine M. Papoi, and/or Vania T. Lockett.
CREW also seeks any and all records ofcommunications among and between DRS'
Office of Inspector General and Rep. Issa, Rep. Elijah E. Cummings. and/or anyone acting on
behalf of Rep. Issa and/or Rep. Cummings.
Please search for responsive records regardless of format, mediwn, or physical
characteristics. Where possible, please produce records electronically, in PDF or TIP fOlmat on a
CD-ROM. We seek records ofany kind, including electronic records, audiotapes, videotapes,
and photographs. Our request includes any letters, emails, facsimiles, telephone messages, voice
mail messages, and transcripts, notes, or minutes of any meetings. telephone conversations, or
discussions. Our request also includes any attachments to these records.
1400 Eye Street, N.W., Suite 450, Washington, D.C. 20005 I 202.408.5565 phone I 202.588.5020 fax I www.citizensforethics.org
....1
Director, Disclosure and FOIA
February 10,2011
Page Two
If it is your position that any portion of the requested records is exempt from
disclosure, CREW requests that you provide it with an index of those documents as required
under Vaughn 11. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1972). As
you are aware, a Vaughn index must describe each docwnent claimed as exempt with sufficient
specificity "to permit a reasoned judgment as to whether the material is actually exempt under
FOIA." Founding Church o/Scientology v. Bell, 603 F.2d 945,949 (D.C. Cir. 1979). Moreover,
the Vaughn index must iidescribe each document or portion thereof withheld, and for each
withholding it must discuss the consequences of supplying the sought-after information." King 11.
u.s. Dep't ofJustice, 830 F.2d 210,223-24 (D.C. Cir. 1987) (emphasis added). Further, c'the
withholding agency must supply' a relatively detailed justification, specifically identifying the
reasons why a particular exemption is relevant and cottelating those claims with the particular
part ofa withheld document to which they apply.'" Id at 224 (citing Mead Data Central 11. U.S.
Dep't o/the Air Force, 566 F.2d 242,251 (D.C. Crr. 1977.
In the event some portions ofthe requested records are properly exempt from disclosure,
please disclose any reasonably segregable non-exempt portions of the requested records. See 5
U.S.C. 552(b). Ifit is your position that a document contains non-exempt segments, but that
those non-exempt segments are so dispersed throughout the document as to make segregation
impossible, please state what portion ofthe document is and how the material is
dispersed throughout the document. Mead Data Central, 566 F.2d at 261. Claims of
. nonsegregability must be made with the same degree of detail as required for claims of
exemptions in a Vaughn index. Ifa request is denied in whole, please state specifically that it is
not reasonable to segregate portions ofthe record for release.
Fee Waiver Request
In accordance with 5 U.S.C. 552(a)(4)(A)(iii) and 6 C.F.R. 5.11, CREW requests a
waiver offees associated with processing this request for records. The subject ofthis request
concerns the operations ofthe federal government and the disclosures likely will contribute to a
better understanding of relevant government procedures by CREW and the general public in a
significant way. Moreover, the request is primarily and fundamentally for non-commercial
purposes. 5 U.S.C. 552(a)(4)(A)(iii). See, e.g., McClellan Ecological 11. Carlucci, 835 F.2d
1282, 1285 (9th Cir. 1987).
These records are likely to contribute to greater public awareness of DHS' 5 FOIA review
policies and practices and the truthfulness of the allegation that political appointees at DHS have
interfered with the FOIA review process at DRS. This issue currently is the subject ofan
investigation by Rep. Issa as chairman of the House Oversight Committee based on his claim that
an unnamed individual has provided him with infoIlIlation '"that top DHS officials were involved
in restricting information released under FOIA requests." Jake Sherman, Issa Battles DHS Over
FOIA Requests, Politico, February 2,2011 (enclosed as Exhibit A). Rep. Issa together with Sen.
Director. Disclosure and FOIA
February 10, 2011
Page Three
Charles Grassley began in investigation ofthis issue last August when the two sent letters to 29
government agency inspectors geneta1, including DHS's inspector general. Reportedly DHS
denied any inappropriate meddling by political-level officials, yet Rep. Issa is continuing to press
the issue based on undisclosed information from a so-called ''whistleblower.'' Sherman, Politico,
Feb. 2, 2011.
The requested documents would shed light on this issue and the truthfulness of the
allegation that certain DRS officials have politicized FOIA processing at the agency by
improperly interfering with and delaying agency responses to FOIA requesters. In addition, the
requested documents would bring transparency to a process that to date has been shrouded in
secrecy based on unidentified information ftom unnamed individuals that, accordingly, threatens
to underm.ine public confidence in DHS's administration ofits duties under the FOIA.
CREW is a non-profit corporation, organized under section 501(c)(3) of the Intemal
Revenue Code. CREW is committed to protecting the public's right to be aware of the activities
of government officials and to ensuring the integrity of those officials. CREW uses a
combination of research, litigation, and advocacy to advance its mission. The release of
information garnered through this request is not in CREW's financial interest. CREW will
analyze the information responsive to this request, and will share its analysis with the public,
either through reports, or press releases. In addition, CREW will disseminate any
documents it acquires from this request to the public through its website,
www.citiz:ensiorethics.org, which also includes links to thousands of pages ofdocuments CREW
acquired through its multiple FOIA requests as well as documents related to CREW's litigation
and agency complaints, and through www.scribd.kQm.
Under these circumstances, CREW satisfies fully the criteria for a fee waiver.
News Media Fee Waiyer Regllest
CREW also asks that it not be charged search or review fees for this request because
CREW qualifies as a "representative ofthe news media" pursuant to the FOIA and DHS
regulation 6 C.F.R 5.11. In Nat'[ Sec. Archive v. Us. Dep't oIDe/ense. 880 F.2d 1381, 1386
(D.C. Cit. 1989). the Court ofAppeals for the District ofColwnbia Circuit found the National
Security Archive was a representative of the news media under the FOIA, relying on the FOIA's
legislative history, which indicates the phrase 4'representative ofilie news media" is to be
interpreted broadly; "it is critical that the phrase 'representative ofthe news media' be broadly
interpreted ifthe act is to work as expected. ... In fact, any person or organization which
regularly publishes or disseminates information to the public . .. should qualifyfor waivers as a
'representative a/tM news media. '" 132 Congo Rec. S14298 (dailyed. Sept. .30.1986) (emphasis
added), cited in id.
Director, Disclosure and FOIA
February 10,2011
Page Four
CREW routinely and systematically disseminates information to the public in several
ways. First, CREW maintains a frequently visited website, www.citizeQsforethics.org, that
received 53,145 page views in January 2011. In addition, CREW posts all ofthe documents it
receives under the FOIA on www.mbd.com. and that site has :received 607,799 visits to
CREW's documents since April 14, 2010.
Second, sinCe May 2007 CREW has published an online newsletter, CREWCuts, that
CUlTeIltly has 16,960 subscriben. CREWCuts provides subscribers with regular updates
regarding CREW's activities and information the organization has r e c e i v ~ from government
entities. A complete archive ofpast CREWCuts is available at
htt,p:/Iwww.citizeusforethics.org!newslettct.
Third, CREW publishes a blog, Citizens blogging for responsibility and ethics in
Washington, that reports on and analyzes newsworthy developments regarding govenu:nent ethics
and corruption. The blog, located at http://www.citirnesforethics,orgIblog. also provides links
that direct readers to other news articles and commentary on these issues, CREW's blog had
4,045 page views in January 2011.
Finally, CREW has published numerous reports to educate the public about government
ethics and corruption. See The Revolving Door, a comprehensi\l'e look into the post-government
activities of24 former members ofPresident Bush's cabinet; Record Cho.os, which examines
aaency compliance with electronic record keeping responsibilities; and Those Who Dared: 30
OffiCials Who Stood Up For Our Country. These and all other CREW's reports are available at
lttf6!:l/www.citizensforethics,or,ureports.
Based on these extensive publication activities, CREW qualifies for a fee waiver as a
"representative ofthe news media+' under the FOIA and agency regulations.
Request for Expedition
Pursuant to 5 U.S,C, 5S2(a)(6)(E)(i) and 6 C.P.R. 5.5, CREW requests that DHS
expedite the processing of this request in light ofthe compelling need for the public to have
access to the xequested information. A3 explained above, CREW is engaged primarily in the
dissemination ofinfoxmation it gathers from a variety ofsources, including the FOIA, and seeks
the infonnation requested here for the express purpose of disseminating it to the public.
CREW's website and www.scobd,com contain links to thousands ofpages ofdocuments CREW
acquired from multiple FOIA requests, as well as documents related to CREW's FOIA litigation
and other complaints.
Here there is a compelling need to inform. the public about the truthfulness behind
allegations that DHS's processing ofFOIA requests has been compromised by interference from
Director;Disclosure and FOIA
February 10,2011
Page Five
political appointees. The public also needs this information to judge the legitimacy ofthe
ongoilJg congressional investigation into this matter, despite DHS's denials. The lack offull
disclosure and transparency surrounding this controversy und.ermines public ccmtidence in both
DHS and Congress, and distracts DHS from attending to the already dlmato ..
FOIA requests and reduce its backlog. Release ofthe ICqUested doauDeDts will i" .
as to whether DRS's FOlA processing has been subject to political inte:tference. .
Under these circumstances, CREW clearly meets the requirements for expedition set out
in the FOIA and DHS regulations.
Pursuant to C.F.R. 5.5(d)(3), the undersigned hereby oertifies that the basis for this
;request for expedition is true and correct to the best ofher knowledge and belief.
Cgnciuicm
Ifyou have any questions about this request or foresee any problems in releasing fWly the
requested. records please contact me at (202) 408-5565. Also. ifeither CREW's request for a fee
waiver or its request for expedition is not gl'8Ilted in full, please contact our office im:mediately
upon making such a dctenoination. Ple&lSe send the requested records to Anne L. Weismann,
Citizens for Responsibility and Ethics in Washington. 1400 Eye Street, N.W., Suite 450,
Washingtollt p.C. 20005.

Anne L. Weismann
ChiefCOllDSel
Enclosure
EXHIBIT A
Issa battles DHS over FOIA requests - POLITICO.com Print View Page 1 of3
POLITICO
Issa battles DHS over FOIA
requests

FebN'"Y 2. 2011 04:34 PM EST
DarreJllssa has picked his first real fight
wfth the 9bama administration. accusing
the Department of Homeland Security of
letting political appointees interfere with
freedom of information requests.
Issa is claiming that he has information
from an unnamed whistleblower that top
DHS officials were involved In restricting
information released under FOIA requests.
DHS officials say it is extremely rare for
anyone outside the FOIA department to be
involved to such requests - and when they
do, they do not restrict the data that's
being released.
While Issa battles with bureaucrats, this
first investigation could be more Significant
than just a skirmish over FOIA practices.
Through the media and public
appearances, Issa has tried to tum back
the notion that he is on a witch-hunt for
Barack Obama. but is rather interested in
real oversight of the federal bureaucracy.
This investigation shows Obama will never
truly be divorced from these investigations.
For starters, Issa Is demanding all emails
between the White House and DHS in
regards to FOIA - a trove that could include
reams of emails between a sensrtive
national security agency and top
administration offtclals.
He's also accusing the department of
defying the president's goals when it
mes to ooenness He said that DHS's
decision to involve a general counsel in his
investigation "raises q' I8Sfions about the .'.
departmenfs commitment to the
presidenfs effort to create 'an
unprecedented level of openness in
government.'"
In the next paragraph of a Jetter sent to
'; .
Napolitano Tuesday, fssa sought to remind
j .... .. .. " .... , ..........",
. .
:
Did 'you' know _',
.
for more infOrmation 99 tfJ'
,(
"


Good F.ood. 4fe .
" .'
http://dyn.politico.comlprintstory.cfin?uuid=99D4675D-3F4D-48DI-B439-CFIIDC598FAE 2131'2011
Issa battles DHS over FOIA requests - POLITICO.com Print View Page2of3
POLIT.ICO
the secretary of an Obama quote in a
memorandum about the Freedom of
Information Act, where the president lauds
the law as encouraging "accountability
through transparency." calling it the "most
prominent expression of a profound
national commitment to ensuring an open
government"
DHS aides declined. even on background,
to discuss if they thought there were
political motivations for the investigation.
Matthew Chandler, a spokesman for DHS,
said the agency would cooperate with Issa'
s investigation.
-We will continue to cooperate with
Chairman Issa and provide information
responsive to his requests," Chandler said.
"Our record is clear. under this
administration, the Department has
reduced the FOIA backlog by 84 percent.
released over 138,000 FOrA requests in
the past year, the most of any federal
agency, and substantially reduced the
amount of time it takes to process FOIA
requests."
Committee Democrats said Issa's aides
have not invited them to be a part of this
Investigation.
Issa, in his request for documents, refers to
a law that says that individuals may not
lIarbftrarily or capriciously" withhold
Information through FOJA. DHS aides say
that's not happening.
The FOIA dispute has its roots in an
Associated Press story from 2010, when
the wire reported that the department was
sending FOIA requests through political
appoIntees on a wide range of issues. The
AP story said that lawmakers who filed
FOIA requests were being identified by
party, and the pI'OQeSS of kicJdngrequaSfa ';'!
to more senior offJcf8Is c:Je1afec11he
time of many requests.
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h1tp:lldyn.politico.comlprintstory.cfin?uuid-99D4675D-3F4D-48DI-B439-CFI1DC598FAE 21312011
1S$a battles DHS over FOlA requests - POLmCO.com Print View Page 3 of3
POLITICO
Republicans say that Mary Ellen Callahan,
the departmenfs chief privacy officer, toJd
Issa's staff that there was no inappropriate
meddling by political agents - but a
whistleblower later gave Republican
committee staff information that
undermined that claim, a committee aide
said.
But instead of asking Napolitano to testify
a tact that would certainly provide the GOP
with the Issa versus Obama drama that
many in D.C. crave -lssa is going after
smaller fish. He has asked Napolitano's
chief of staff, deputy chief of staff, the chief
of staff to the general counsel, Callahan
and top FOIA officIals to speak to the
committee behind closed doors on Capitol
Hill. DHS aides would not comment on
whether those aides would be made
available for interviews.
As DHS sought to brush back on Issa's
claim, they've taken to a tried-and-true
Democratic tactic: blaming the Bush
administration.
"Really what this broke down to is the FOlA
office here had the biggest backlog in
govemment" a DHS aide said.
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