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Obama Administration Tells Federal Court Privacy Act Does Not Apply to White House
Judicial Watch ^ | October 29, 2009 | Judicial Watch

Posted on 10/30/2009 9:29:03 AM PDT by opentalk

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that the Obama administration argued in a recent court filing that the Privacy Act does not apply to the Executive Office of the President (EOP). This court filing came in a Judicial Watch lawsuit filed in 1996 against the Clinton White House related to a scandal known as "Filegate," where the Clinton White House obtained and maintained the private FBI files of hundreds of former Reagan and Bush officials [Alexander v. Federal Bureau of Investigation, Civil Action No. 96-2123/97-1288 (RCL)].

In the Obama administration's "Renewed Motion for Summary Judgment," filed with the U.S. District Court for the District of Columbia on September 17, the Obama Justice Department stated the following: "The White House is not an agency under the Freedom of Information Act (FOIA), and it necessarily follows that it is not an agency subject to the Privacy Act." However, the Privacy Act specifically lists the "Executive Office of the President" as an agency subject to the Act's provisions.

U.S. District Court Judge Royce Lamberth had repeatedly rejected this same legal argument, most recently in 2008 when the court ruled against a government motion that would have dismissed the lawsuit: "...this court holds that under the Privacy Act, the word 'agency' includes the Executive Office of the President, just as the Privacy Act says."

While the Obama administration continues to advance the legal and political argument that the White House and the FBI should not be held accountable for the Filegate scandal, former President Bill Clinton apparently disagrees. Clinton told historian Taylor Branch in preparation for a recently published book, "those files did not belong at The White House," and that they "should have been isolated and returned immediately." According to Branch, Clinton also said "[h]is administration should and would be held accountable."

"What the Obama administration is effectively saying here is that if the White House decides to illegally compile FBI files and violate your privacy rights, tough luck," said Judicial Watch President Tom Fitton. "It is disturbing that the Obama administration has taken the legal position that the Privacy Act does not apply to the White House and the Clinton FBI files scandal was not a scandal.

It is worrying to those of us concerned about the Obama White House's collecting "fishy" emails and compiling an enemies list of new organizations, radio hosts, businesses, and industry associations to attack and smear. Is the Obama defense of the FBI files scandal less about that Clinton scandal and more about what his White House is up to now?"


TOPICS: Constitution/Conservatism; Government
KEYWORDS: foia; obama
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1 posted on 10/30/2009 9:29:03 AM PDT by opentalk
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To: opentalk

The King doesn’t have to follow the Kings laws. The laws are only for the surfs.


2 posted on 10/30/2009 9:31:21 AM PDT by RC2
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To: opentalk

“Is the Obama defense of the FBI files scandal less about that Clinton scandal and more about what his White House is up to now?”

DUH!


3 posted on 10/30/2009 9:32:48 AM PDT by originalbuckeye
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To: opentalk
Clinton told historian Taylor Branch in preparation for a recently published book, "those files did not belong at The White House," and that they "should have been isolated and returned immediately."

After they were all xeroxed, of course.

What a laughable position for the Clinton Administration to take, only after they reaped the benefits of collecting those files.

Of course, Clinton's position now is merely a bid to tidy up his record for posterity, plus another shiv into the Obama Administration, lest they try to leverage his and his wife's files.

4 posted on 10/30/2009 9:33:22 AM PDT by dead (I've got my eye out for Mullah Omar.)
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To: RC2
This whole administration was a bait and switch. Campaign was one big lie.
5 posted on 10/30/2009 9:34:30 AM PDT by opentalk
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To: opentalk

The same people didn’t think that way when GWB was in office.


6 posted on 10/30/2009 9:37:54 AM PDT by TribalPrincess2U (demonicRATS, the party of taxes and death. Is this what you want?)
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To: RC2

Dictator tyranny in action.


7 posted on 10/30/2009 9:38:15 AM PDT by Freddd (CNN is not credible.)
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To: dead

Hasn’t even made the state run fringe media news...


8 posted on 10/30/2009 9:39:15 AM PDT by Freddd (CNN is not credible.)
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To: opentalk

Every journalist still alive who used the term “imperial presidency” when referring to Richard Nixon should be forced to confess (WHILE KNEELING IN SACKCLOTH... ON THE WHILE HOUSE LAWN... WITH CAMERAS RUNNING) that Barack Hussein Obama makes Tricky Dick look like a “small D” democrat with tendencies towards humility.


9 posted on 10/30/2009 9:43:57 AM PDT by niteowl77 (You wanted him, and now you have got him. I say, "Good day to you," America.)
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To: opentalk
Clinton told historian Taylor Branch in preparation for a recently published book, "those files did not belong at The White House," and that they "should have been isolated and returned immediately." According to Branch, Clinton also said "[h]is administration should and would be held accountable."

....and we still don't know who hired Craig Livingstone.

10 posted on 10/30/2009 9:46:38 AM PDT by Roccus (My anger is manufactured.......................................in the WHITE HOUSE and CONGRESS!!)
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To: opentalk

Will the MSM report this at all, or will they simply state the White House position without mentioning that “the Privacy Act specifically lists the Executive Office of the President as an agency subject to the Act’s provisions.”


11 posted on 10/30/2009 9:54:44 AM PDT by Fetid Facts
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To: Fetid Facts
Will the MSM report this at all....the Privacy Act specifically lists the Executive Office of the President as an agency subject to the Act’s provisions.”

This is the first I have read this. The press repeats what Obama says as truth without challenging or investigating.

An article from a few days ago in Washington Times - Transparent nonsense>

"The administration has refused to honor a Freedom of Information Act (FOIA) request from the Chicago Tribune for Freddie Mac board minutes from when White House chief of staff Rahm Emanuel was a director. It has ignored multiple FOIA requests for White House visitor logs, including one from its pet network, MSNBC. It denied an FOIA request for documents on a treaty on intellectual property rights. It refused an FOIA request for documents related to the Troubled Asset Relief Program bailout. And as far back as June, Newsweek featured a headline saying "Obama Closes Doors on Openness" because of loopholes making its disclosure guarantees "astonishingly weaker" than those under President Clinton."

You are right, I think this is part of Obama spin, state things like they are the truth and people go along with it and not challenge it.

This article further goes on to say.

"The mere fact that you have the legal power to keep something secret does not mean you should always use it."

12 posted on 10/30/2009 10:20:35 AM PDT by opentalk
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To: opentalk; Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; ...

The list, ping


13 posted on 10/30/2009 10:23:30 AM PDT by Nachum (The complete Obama list at www.nachumlist.com)
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To: opentalk

That’s what dictators do. They are above the law. Yes, Obama, I’m calling you a dictator. Come and get me.


14 posted on 10/30/2009 10:23:46 AM PDT by bergmeid
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To: bergmeid

That’s what dictators do. They are above the law. Yes, Obama, I’m calling you a dictator. Come and get me”

Me too. I say he is a dictator and that his CZARS are a shadow government. He is preparing for a coup to take over the USA.


15 posted on 10/30/2009 10:31:27 AM PDT by ridesthemiles
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To: opentalk

it just never stops with this guy (using that term under protest)

no need for that darn Constitution just gets in his way of “taking power” and “ruling” America....

http://www.youtube.com/watch?v=q7Nlq80DVpo


16 posted on 10/30/2009 10:32:10 AM PDT by eeevil conservative (GIVE ME A PLACE TO STAND AND I WILL MOVE THE EARTH....Archimedes)
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To: bergmeid
That’s what dictators do. They are above the law

would that make Bush a dictator too? Obama is just continuing Bush admin. argument
17 posted on 10/30/2009 10:49:33 AM PDT by houston1
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To: RC2

“The King doesn’t have to follow the Kings laws. The laws are only for the surfs.”

Surfs up !!!


18 posted on 10/30/2009 10:50:35 AM PDT by DontTreadOnMe2009 (So stop treading on me already!)
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To: ridesthemiles

When nobama actually makes a move rather than talk, talk, talk, that “line in the sand” will be crossed and more than just us patriotic “civialns” will step into the breach and the the lib/dem socialists will be told in no uncertain terms “NO MORE” and America and our Constitution will again prevail.


19 posted on 10/30/2009 10:58:04 AM PDT by dusttoyou (libs are all wee wee'd up and no place to go)
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To: opentalk

Wasn’t something like this the crime Nixon committed that had the left so upset?


20 posted on 10/30/2009 11:59:57 AM PDT by <1/1,000,000th%
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