FOIA Appeal Update Regarding the DOJ's ''vindictive prosecution'' of Lt. Daniel Choi

FOIA Appeal asks if the "DOJ is taking an uncooperative stance"

Yesterday, the law firm of Willkie Farr & Gallagher LLP filed an appeal with the U.S. Department of Justice, requesting that the DOJ respond to this appeal within 20 business days. This appeal was filed following the constructive denial by the DOJ to the Freedom of Information Act request, dated April 30, 2013, seeking various categories of "records pertaining to the prosecution of Lt. Daniel Choi."

Scribd Link to FOIA Appeal : 2013-12-06 Lt Daniel Choi FOIA Appeal - Willkie Farr & Gallagher LLP - Flores Louis

According to the appeal, the DOJ presents the notion that it refuses to comply with the FOIA request. "[T]he DOJ has done nothing at all to respond to the Request other than to tell Mr. Flores that, due to the agency's own internal limitations on resources and staff, it is having difficulty processing the numerous FOIA requests that the DOJ receives. Such an excuse is not an acceptable one under the FOIA, and the DOJ is not permitted to avoid its FOIA obligations due to an internal burden of its own making," noting that, "Given the DOJ's conduct in connection with the Request, we are left with the impression that the DOJ is taking an uncooperative stance, is not exercising due diligence in responding to the Request, or both."

Scribd Link to Original FOIA Request : 2013-04-30 Lt Daniel Choi DOJ FOIA Request Louis Flores

Prior YouTube Video Links :

• Free Speech Implications of DOJ Denying FOIA Request on Lt. Daniel Choi (04 Dec 2013)
• Why won't DOJ answer FOIA Request about Lt. Dan Choi ? (15 Oct 2013)

Lt. Choi was the visible hero in the activism campaign to build public pressure on the federal government to repeal the U.S. military's former discriminatory policy known as "Don't Ask, Don't Tell." Federal prosecutors have been engaged in a "vindictive prosecution" of Lt. Choi, even though Lt. Choi was merely employing activism for social justice to end discrimination, which the U.S. Congress and President Barack Obama later rightly acknowledged by repealing DADT.

The FOIA appeal is being handled by a team of lawyers, including Thomas Golden, a partner at Willkie Farr, who has a remarkable record on FOIA matters. As outside counsel to Bloomberg LP, Mr. Golden successfully litigated a FOIA case against the Federal Reserve a few years back, demanding an "unprecedented level of detail about its discount window lending during the financial crisis."

See : Fed's Court-Ordered Transparency Shows Americans ''Have a Right to Know''

See Also : Fed's Once-Secret Data Compiled by Bloomberg Released to Public

The DOJ's response is due before mid-January. As soon as I have an update, I will share that information with you. All information and records obtained from this FOIA request and appeal will be publicly posted on Scribd for everybody to access. If you support free information, the importance of upholding FOIA, the activism of Lt. Choi, and the work of bloggers, please share the link to the FOIA appeal on social media.

2013-12-06 Lt Daniel Choi FOIA Appeal - Willkie Farr & Gallagher LLP - Flores Louis by Connaissable

Obama Administration Denying FOIA Request Violates Free Speech

See New Advisory : FOIA Appeal Update Regarding the DOJ's ''vindictive prosecution'' of Lt. Daniel Choi (7 Dec 2013)

Free Speech Implications of DOJ Denying FOIA Request on Lt. Daniel Choi

As of today, I've not yet received any written response from the Department of Justice to the request filed under the Freedom of Information Act. The request, dated April 30, 2013, requested information pertaining to the government's vindictive prosecution of "Don't Act, Don't Tell" repeal hero, Lt. Daniel Choi.

Speech critical of the government, for example, political speech, is a freedom provided as a protection in the First Amendment. The First Amendment also includes a right to peacefully assemble and a right to petition the government for a redress of grievances. These rights are protections enshrined in the Bill of Rights. These are guarantees made to us by the U.S. government.

The very idea of a republic implies rights conveyed to citizens to meet and consult one another, and to petition their government, if they so choose. How can citizens exercise their rights to free speech, to assemble, and to petition, when the government restricts, delays, or prevents the sharing of information necessary for our citizen activities ? Our guarantees to free speech are being diminished, shortened, and constricted by conditions created by denying Freedom of Information Act (FOIA) requests.

Separate from any rights under freedom of the press, afforded to me as a blogger, there originates my right to free speech as a citizen. How can one review, consult, and comment on the functions and actions of one's own government, if one is denied information ?

Refusing to honor FOIA requests prevents us from forming complete thoughts and speech, in this case, speech that may be critical of the government. Denying FOIA requests denies citizens their rights to freely and completely speak, to fully consult with other citizens, to peacefully and meaningfully assemble, and to petition the government, if necessary, for a redress of grievances. Thwarting information violates our rights, protections, and guarantees, in accordance with the design of our republic. This is what is at stake when the government refuses to honor requests filed under the Freedom of Information Act.

The implications of restricting information to the detriment of our right to free speech, are not limited to me or to the readers of this blog, but to every citizen.