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The Opaque Administration
April 20, 2011 10:21 A.M.
By Peter Kirsanow
The administrations claim to transparency is as credible as its promise to close Gitmo.
A few weeks ago, the U.S. Commission on Civil Rights transmitted its report on DOJs handling of the New Black Panther Party (NBPP) matter to the president and Congress. Among other things, the report detailed DOJs prodigious stonewalling of the commissions investigation DOJs refusal to release personnel to testify before the commission and DOJs withholding of reams of pertinent documents.
The president wrote a letter in response (perhaps more accurately, a White House functionary wrote a letter to which the president affixed his signature), proclaiming the historic progress his administration has made in increasing transparency in government.
The presidents formulaic response is completely disconnected from the facts surrounding DOJs conduct during the commissions NBPP investigation. Despite being compelled by statute to cooperate fully with the commissions investigation, DOJ
refused to answer 18 separate interrogatories
refused to provide witness statements for 12 key witnesses
refused to respond to 22 requests for production of documents
failed to provided requested e-mails between Civil Rights Division personnel and other DOJ officials regarding DOJs dismissal of the NBPP lawsuit
barred two key DOJ attorneys from testifying (both of the attorneys defied DOJ and testified before the commission at considerable risk to their careers)
failed to provide even draft pleadings in the NBPP case
invoked specious privileges in order to withhold critical information but failed to invoke executive privilege
refused to provide a privilege log
DOJs obstinacy during the investigation was astonishing. During my tenure on the commission, no governmental agency or department has ever refused to comply with the statutory mandate that all agencies cooperate fully with the commissions investigations.
The NBPP investigation was but one inquiry the one with which Im directly familiar. Is this level of stonewalling a pattern and practice throughout this administration?
The Opaque Administration - By Peter Kirsanow - The Corner - National Review Online
Only Stalin, or Hitler, could boast of a more opaque administration.
April 20, 2011 10:21 A.M.
By Peter Kirsanow
The administrations claim to transparency is as credible as its promise to close Gitmo.
A few weeks ago, the U.S. Commission on Civil Rights transmitted its report on DOJs handling of the New Black Panther Party (NBPP) matter to the president and Congress. Among other things, the report detailed DOJs prodigious stonewalling of the commissions investigation DOJs refusal to release personnel to testify before the commission and DOJs withholding of reams of pertinent documents.
The president wrote a letter in response (perhaps more accurately, a White House functionary wrote a letter to which the president affixed his signature), proclaiming the historic progress his administration has made in increasing transparency in government.
The presidents formulaic response is completely disconnected from the facts surrounding DOJs conduct during the commissions NBPP investigation. Despite being compelled by statute to cooperate fully with the commissions investigation, DOJ
refused to answer 18 separate interrogatories
refused to provide witness statements for 12 key witnesses
refused to respond to 22 requests for production of documents
failed to provided requested e-mails between Civil Rights Division personnel and other DOJ officials regarding DOJs dismissal of the NBPP lawsuit
barred two key DOJ attorneys from testifying (both of the attorneys defied DOJ and testified before the commission at considerable risk to their careers)
failed to provide even draft pleadings in the NBPP case
invoked specious privileges in order to withhold critical information but failed to invoke executive privilege
refused to provide a privilege log
DOJs obstinacy during the investigation was astonishing. During my tenure on the commission, no governmental agency or department has ever refused to comply with the statutory mandate that all agencies cooperate fully with the commissions investigations.
The NBPP investigation was but one inquiry the one with which Im directly familiar. Is this level of stonewalling a pattern and practice throughout this administration?
The Opaque Administration - By Peter Kirsanow - The Corner - National Review Online
Only Stalin, or Hitler, could boast of a more opaque administration.