DOJ First Amendment Violations : A Valid Concern

I just called, and I was told that the FOIA request I sent to the Department of Justice hasn't been tracked into their computer system. I left a voicemail after being transferred twice. It's interesting to learn yesterday about the DOJ getting phone records of the Associated Press, a clear violation of the First Amendment. The FOIA request I submitted on April 30, 2013, was about the government arresting activists. Among the information I requested was whether the DOJ considered First Amendment rights, among other rights, when prosecuting cases. Based on how the DOJ treats the First Amendment rights of the press, it concerns me that the First Amendment rights of activists may not be being protected.

2013-04-30 Lt Daniel Choi DOJ FOIA Request Louis Flores by Connaissable

“I am part of a global civil rights and human rights movement,” Lt. Daniel Choi declared shortly before his conviction, according to RH Reality Check. He spoke in favor of non-violent civil disobedience as a form of free speech : “I feel that the First Amendment is on trial today.”

Christine Quinn Loses endorsements from Village Independent Democrats, Broadway Democrats, and CoDA

We waited a few days for confirmation about last Thursday night's endorsement meeting.

But The New York Post was the first newspaper to finally report that the Village Independent Democrats did not endorse New York City Council Speaker Christine Quinn's mayoral campaign. Instead, the Village Independent Democrats voted to endorse New York City Comptroller John Liu's mayoral campaign.

"The Village Independent Democrats, located in the heart of Quinn’s district, instead opted to back City Comptroller John Liu — the most liberal in the race," reported Sally Goldenberg in The Post.

Two other Manhattan Democratic Party clubs also did not endorse Speaker Quinn in this year's mayor's race.

The Broadway Democrats and CoDA (Coalition for a Democratic Alternative), both progressive clubs in Manhattan, also threw their support behind Liu, whose campaign has been marred by the guilty verdict of two aides in a federal campaign-finance fraud case.

A source close to the Village Independent Democrats said Quinn was “livid” over losing that group.

“I think they were shocked,” the source said of the speaker’s election team. “Quinn’s ground game in Manhattan is off.” Campaign aides for Quinn and Liu did not comment.

Read more : Quinn is ‘left’ out.

Is it necessary to prepare an organised default on European debt ?

Translated into English from : ''Faut-il se préparer à organiser un défaut de la dette en Europe ?'' (Atlantico.fr ; Published May 10, 2013)

A scenario for catastrophe

Mario Soares, former President of the Portuguese Republic, had called on April 12 for a default on Portuguese sovereign debt. He also demanded an end to the destructive austerity program imposed by the IMF and the European Union. Are we headed straight for disaster ?

Gaspard Koenig et Nicolas Goetzmann Gaspard Koenig (@gaspard2012) directs the think tank GenerationLibre. He is also Vice-President of the Liberal Democratic Party. Nicolas Goetzmann is Macroeconomic Strategist and author of a report on European monetary policy on behalf of Fondapol.	Atlantico : Mario Soares, historical figure of the Portuguese democratic revolution and former President of the Portuguese Republic, called on April 12 for a default on Portuguese sovereign debt. Calling on opposition parties to overthrow the government, Mario Soares has demanded an end to the destructive austerity program imposed by the IMF and the European Union. "Portugal," he said, "will never be able to pay its debts. If you cannot pay, the only solution is not to pay."

The hypothesis of a European cross-default is a disaster to be avoided at all costs or an option that we must now seriously consider - and perhaps even anticipate ?

Gaspard Koenig : Today, to my knowledge, only Michel Rocard had the courage and intelligence to publicly consider such a scenario. Obviously, with an average debt/GDP ratio exceeding 100%, the OECD countries are entering a unique historical situation in peacetime. We approach an "unsustainable" threshold when refinancing the debt becomes too expensive. European countries have fully known a variety of situations, and the fundamentals are the same : a welfare state built in the post-war era and out of control in recent decades. Even Germany is over 80% ! One can argue ad infinitum the study by Reinhart and Rogoff, the fact remains that such a level of debt is bad for the economy of the country, if only because the share of budget spending on refinancing of debt are increasing (compressing other parts of the budget). And I would even add : bad morale ! Nietzsche wrote timeless texts on the "guilt" that comes from debt. In France, a discussion about debt continue to be postponed.

Last, a balance holds only because of exceptionally low interest rates, due to the abundance of liquidity in the markets. But it is a house of cards. In the case of France, many international investors are now starting to sell their holdings of government bonds. As soon as money will find its price, many countries find the knife to her throat. We must prepare now.

Nicolas Goetzmann : The serious consideration to a default in France seems to be the culmination of the current wrong reasoning on austerity. This reasoning of the debt situation caused the crisis, then it its consequence. In other words, when considering such an option, we try to treat the crisis by attacking the symptoms rather than its causes. That is why this option is a mistake.

The cause of the crisis is the lack of growth resulting from the tight monetary policy pursued by the ECB. This policy is a powerful brake on economic development, the consequence is the explosion in the level of debt to GDP. The rising level of debt is not the cause of the recession, it is its consequence.

Thus, considering a default represents the end of a fallacy, that's why this solution seems unthinkable. It would look like an amputation performed on a patient following a misdiagnosis. France has the means to achieve to be the most powerful economy in Europe in the medium term, a default would be an admission of impotence, as well as an inability to understand the crisis we are experiencing.

What does history teach us about the consequences of a country that is in default ?

Nicolas Goetzmann : I flip the question, wondering what kind of state goes into default. These are second or third world economies, and whose institutions are not necessarily the most successful. Make predictions about a French default, which is the sixth-largest world economy, is useless, the consequences are unpredictable. We can not seriously consider a default by a country of this size can be compared in the same way as by Zimbabwe in 2006 and by Argentina in 2002.

Gaspard Koenig : It tells us that everything is possible ! Disasters occur mainly in the case of unilateral repudiation of debt or chaotic defaults motivated not by "inability to pay" of a State, but by a "refusal to pay" are most often related to political or ideological considerations (recently : Ecuador). But in the case of a limited and orderly default, investors are usually reassured that the debt curve returns to a sustainable path, and therefore the prospects for future repayment paradoxically become better (of course, restructuring must be accompanied by structural reforms). This was powerfully demonstrated by Bulow and Rogoff in their widely cited 1989 paper: "Debts That Are Forgiven Will Be forgotten." A typical example of this kind of "friendly" restructuring is Uruguay, which led in 2003 a restructuring accepted by 93% of its creditors. Rates returned to an almost normal level immediately after the closing of the bond exchange !

Finally, do not forget that revolutionary France itself defaulted in 1797 (the "bankruptcy of two-thirds"). Obviously, many pensioners had been ruined : it is a political choice. But the accounts of the country had been cleaned and then recovered.

How could one organize such a default ? Under what conditions could it be organized so as not to cause a financial disaster ? Should it necessarily be coordinated ?

Gaspard Koenig : According to our calculations, over two-thirds of the French debt is held by investors in the euro area (including domestic). It is clear that restructuring will create a chain reaction in Europe. The trend is in an obvious way. Yesterday Greece, Cyprus today, tomorrow Slovenia, then Portugal, Mario Soares has suggested, and Italy ? From there, everything can go very fast. It is therefore necessary to monitor and anticipate the process at European level.

The mechanism we propose for this cross default is inspired by the 2011 simulation by the "German Sages" (a group of economic advisers). The Sages offered to share refinancing from public debt exceeding 60% in a "redemption fund." Just replace "refinancing" by "restructuring" : the fund could be called "European Sinking Funds" - could offer its shares in exchange for existing debt (for the portion exceeding 60% of GDP) and on that applying a certain level of "haircut." Thus, Member States would benefit from increased financial margins to achieve their goals of debt reduction.

The European Commission announced in February 2013 the creation of a group of experts to consider the idea of ​​the Fund for redemption. The experts therefore broadened their thinking and calculations to the idea of ​​a Sinking Fund !

Nicolas Goetzmann : The condition to avoid a financial disaster is not to proceed to a default. The condition to avoid is the correct diagnosis of this crisis and to review the mandate of the ECB in depth, so that it finally takes into account unemployment and growth as an objective of monetary policy. This solution allows both boosting growth while reducing the level of debt, and will not cause hyperinflation, some seem to suggest. I do not see hyperinflation, neither in the United States, nor in Japan, nor in the United Kingdom, for the simple reason that monetary policy is not "unbridled" - it is simply balanced between control prices and full employment.

What legal, financial and economic risks arise as a result of such a process ? An explosion of the euro is inevitable ?

Nicolas Goetzmann : If you are seriously considering a default, it seems also appropriate to get the luggage ready in the euro zone. If the real purpose of the default is to get out of the euro zone, I would advise to find another way. A default, it is the opening to unknown territories, both in financial terms and in political terms. The French financial sector is of prime importance in the world, it is again a systemic risk. In addition, a default is also a disavowal of political power in place of its past actions. This is a very good breeding ground for populism of all kinds. (emphasis added)

Gaspard Koenig : In legal terms, the Greek case has shown that restructuring is quite possible in the euro zone, and the more so that the debts are issued by local law. The greatest risk are banks. According to our calculations, the French banking system could recover without recapitalization a certain level of "haircut" (around 25%) of all debts of the "Southern" countries (France, Belgium, Italy, Spain, Portugal, Greece, Ireland). Of course, the analysis needs to be done for the entire European banking system.

Restructuring will not cause, but avoid the explosion of the euro. It is indeed the only alternative to traditional means of mopping up the debt : inflation and/or devaluation now rendered impossible (rightly in our view) by the European treaties.

In contrast, could a debt restructuring cause a "beneficial moral shock" for Europe ?

Gaspard Koenig : This is the only way to escape the stupid dilemma between growth and austerity ! A restructuring will cause generational arbitration : investors (generally those who have raised the debt - through their representatives - the last thirty years) pay through their life insurance and mutual funds, while new entrants will be eligible for a new life. Politically, everything will - finally - be : Governments will be weakened if a new political situation is inevitable, with strong liberal reforms that drastically decrease the weight of the state in the economy ... and in our lives. This will be the moment when the Generation 68 will pass the baton to Generation Y and the last chance for Europe to reinvent its economic and social model.

Nicolas Goetzmann : I compare this to a wrongful operation of an amputee patient. Amputation may be the basis of a "beneficial moral shock," but the price seems high. Again, debt is not the cause of that through which we live, and, although the patterns of use of debt should be dropped, this is not the problem today.

Japan will resume growth despite the level of 245% of debt to GDP simply because its authorities, after 20 years of wandering, have made the right diagnosis : money. We must follow the same path, and we will get growth. The return to growth will generate operating margins to reach the (appropriate)* debt (level)* of the country. It would be absurd to persevere in this vision (a structured default as a resolution)* of the debt crisis.

* Note : added to give Mr. Goetzman's final comments clarity

Do Bloomberg data terminals privacy breach extend to mobile apps ? Are phone hacking concerns valid ?

After news broke that Bloomberg News is spying and tracking and collecting and analysing personal information from Bloomberg data terminals on Wall Street, one wonders how do the mobile Bloomberg apps work in connection with the Bloomberg data terminals ?

Also, seems amazing that Bloomberg would allow this to happen given sensitivity around privacy post the phone hacking scandal

— Katherine Rushton (@kerushton) May 10, 2013

Here is information about mobile apps, which work in connection with Bloomberg data services : "With Bloomberg Anywhere®, you can log in to your Bloomberg Professional service account from an Internet-ready PC or mobile device, with the same reference-quality, real-time data, security and access to personal files you have on your regular computer."

Mobile Apps Work With Bloomberg Data Terminals - Computer Tracking Concerns

There's no way yet to independently confirm whether Bloomberg News was able to access trading, portfolio, monitor, blotter, or other related systems, confirms, or private messages from the Wall Street data terminals. But it is known that several hundred people employed by Michael Bloomberg had access to information about what Wall Street terminal users did on their computers. For example, the secret data being collected included who logged into which data terminal and when, and what kinds of functions data terminal users performed.

Is it a valid concern to wonder what kind of information the mobile Bloomberg apps tracked or collected ? This latest scandal has people on Wall Street worried about how secure their data really is, if they use Bloomberg data terminals and the mobile Bloomberg apps.

Is Michael Bloomberg hacking and spying and profiting his way into Wall Street inside information ?

By how many billions has Michael Bloomberg's personal wealth grown during his many years as mayor ? Now that we find out that his company is spying and tracking and collecting and analysing personal information from Bloomberg data terminals on Wall Street, one must wonder what is Michael Bloomberg doing with that information ? How is he using that kind of very powerful, very lucrative, very profitable information ? Is there any way to confirm whether Bloomberg News was able to access trading, portfolio, monitor, blotter, or other related systems, confirms, or private messages from the Wall Street data terminals ? According to a report in The New York Times, several hundred people employed by Michael Bloomberg had access through a shadow information gathering technique that gave these Bloomberg employees access to information about what Wall Street terminal users did on their computers. For example, the secret data being collected included who logged into which data terminal and when, and what kinds of functions data terminal users performed. This latest scandal has people on Wall Street worried about how secure their data really is, if they use Bloomberg data terminals. But the worries and accusations of computer tracking and information collecting also extended to Bloomberg data terminals used by the Federal Reserve, as well, according to The Times report. Left unsaid is whether there are any mobile Bloomberg apps that work in connection with the Bloomberg data terminals that may facilitate phone hacking ? Is any of this any different from how Mayor Bloomberg might be using inside government information to make money at Bloomberg Government ? Hmmmmmmmm...????

Also, seems amazing that Bloomberg would allow this to happen given sensitivity around privacy post the phone hacking scandal

— Katherine Rushton (@kerushton) May 10, 2013

Mobile Apps Work With Bloomberg Data Terminals - Computer Tracking Concerns

Five More GetEQUAL TX Activists Arrested For Blocking Traffic For Job Protections

From The Dallas Voice :

Five GetEQUAL TX activists were arrested this evening for blocking traffic near the state Capitol while protesting for LGBT nondiscrimination in the workforce.

Holding a sign that read, “We Work Together,” the group blocked the intersection at 11th and Congress in Austin, calling for the Texas Senate to stop blocking the progress of SB 237, which was left pending in committee. This is the second set of arrests in as many weeks for activists protesting SB 237.

The Austin action was part of a new national GetEQUAL campaign that launched today to urge Congress to pass the federal Employment Non-Discrimination Act, which was recently reintroduced. In Washington, D.C., activists held light panels on the grounds of Congress, reading “PASS ENDA NOW.”

The campaign, “Workplace INclusion: Winning LGBT Workplace Protections (WIN),” kicks off a week of action across the country to draw attention to need for workplace protections for LGBT employees. The actions will end May 14, the anniversary of Bella Abzug’s Equality Act of 1974, which was the first piece of pro-LGBT legislation in the U.S. ....

Rudin Corrupt St. Vincent's Luxury Condo Deal Caused Intern To Quit Christine Quinn Mayoral Campaign

The $30,000 in campaign donations, which Rudin Management Company funneled to New York City Council Speaker Christine Quinn before the New York City Council had to vote on the luxury condo conversion plan for St. Vincent's Hospital, so disgusted an intern, that he quit Christine Quinn's mayoral campaign.

Rudin donations to fix St. Vincent's luxury condos deal caused intern to quit @chriscquinn campaign : christine-quinn-sold-out.blogspot.com/2011/02/rudin-… @nycisnot4sale

— Stop Christine Quinn (@stopchrisquinn) May 9, 2013

Ed May 1, 2013 at 9:43 AM
I was an intern for christine quinn and this post prompted me to quit, I really appreciate you getting the truth out

Christine Quinn Shirley Huntley Ruben Wills Connection

One of the publicly-elected officials, who State Sen. Shirley Huntley was asked to wiretap and photograph by the FBI, was Queens Councilmember Ruben Wills, according to Politicker.

New York City Council Speaker Christine Quinn endorsed Council Member Ruben Wills for re-election in 2011, one day after he appeared in court to face a misdemeanor stealing charge. Councilmember Wills won a special election in southeast Queens in 2010 to succeed Thomas White, who died in August in 2010, and he was re-elected in 2011 continue to serve the remainder of White’s four-year term. Wills appeared in court in March 2011 on charges in connection with a 1996 incident. He’s accused of damaging a wall and removing a fan and track lighting at a downtown business. (The Wall Street Journal)

After his March 2011 court appearance, Speaker Quinn defended Councilmember Wills. "I'm extraordinarily proud of my City Council and proud of the members that I get to serve with every day on behalf of the people of the City of New York," she told The Daily News.

Speaker Quinn awarded Councilmember Wills $584,000 in discretionary funding in 2012. (The New York Daily News)

Shirley Huntley Reveals Lawmakers She Secretly Recorded ; Jose Peralta Amongst Them

In federal court filing, Shirley Huntley reveals New York lawmakers she secretly recorded. nyti.ms/11jEA57 twitter.com/intelligencer/…

— Daily Intelligencer (@intelligencer) May 8, 2013

“@nypost: 6 state senators, city councilman among those secretly taped by Shirley Huntley in corruption sting nyp.st/11TbTa6”

— Sheri Van Fossen (@sherivf) May 8, 2013

2013 05 08 Shirley Huntley Jose Peralta Wiretapping by Connaissable

Five GetEQUAL Activists Arrested Fighting For Employment Fairness Act

Dallas Voice : GetEQUAL TX activists released on bail, promise more actions

In the state of Texas, it is legal and common practice to fire, refuse to hire, or otherwise discriminate against someone in the workplace solely based on their sexual orientation, gender identity, or gender expression.

Texas Senate Bill 237, "The Fair Employment Act," seeks to create a workplace safe from these types of discrimination.

After numerous phone calls, petitions, and emails SB 237 still sits in committee. Fearing that the committee would not budge, GetEQUAL TX activists paid a visit to the 4 senators who are holding it up.

5 of those activists were arrested for daring to speak truth to power. Join the movement for full equality in Texas in all matters governed by civil law.

American National Security Officials Worry Over Threats Related To Global Climate Change

From The Guardian : White House warned on imminent Arctic ice death spiral.

Will the Arctic Sea be completely free of ice during the summer months by 2015 ? New NASA satellite imagery from March 2013 reveals massive cracks in ice connecting Beaufort Gyre region to Alaska.

Cathie Black Schools Chancellor e-mails

A must read on NYC education & aristocracy >> @dianeravitch: The Cathie Black Emails wp.me/p2odLa-4Hw

— Occupy Wall Street (@OccupyWallStNYC) 3 de mayo de 2013

Something is wrong when they don't bother with education experts and go straight to Oprah. gothamschools.org/2013/05/02/cat…

— nycdoenuts (@nycdoenuts) 3 de mayo de 2013

Bloomberg administration reveals Cathie Black emails in response to @villagevoice public records requestm.nypost.com/p/news/local/c…

— Informed Voting (@informedvoting) 3 de mayo de 2013

Cathleen P Black eMails - NYC Schools Chancellor - Village Voice public records request

Latinos Contra Christine Quinn - Stop And Frisk (Parar Y Registrar)

Síguenos en Facebook : Latinos Unidos Contra Christine Quinn

Si eres latino y vives en la ciudad de Nueva York, te enfrentas a la discriminación todos los días. Aunque tengas documentaton, la policía usará "parar y registrar" en contra de usted. Desde se hizo Christine Quinn la Presidenta del Consejo Municpal, se ha habido 4 millones de casos de parar y registrar.

Ahora, Christine Quinn dice que no se debe presentar una demanda en los tribunales contra la policía por esta discriminación. Y cada año, Christine Quinn aprueba el presupuesto de la policía de Nueva York, que permite a la policía seguir haciendo "parar y registrar" en contra de los latinos.

Si a Christine Quinn no le importa que los latinos son discriminados por la policía, ¿ por qué los latinos deberían apoyar a Christine Quinn a la alcaldía ?

Lt. Daniel Choi - Vindictive Prosecution DOJ FOIA Request

• Related : Are Ronald Machen, Angela George, and Sanjay Sola helping President Obama politicize the US DOJ ? (Lt. Dan Choi FOIA Request Update)

After requests for information went unanswered, I filed a Freedom of Information Act request with the Department of Justice as a follow-up to a blog post about the selective nature of the prosecution, among other issues, in the government's case against Lt. Choi.

2013-04-30 Lt Daniel Choi DOJ FOIA Request Louis Flores by Connaissable

My request is heavily patterned after a separate and unrelated request submitted by the ACLU. Let's see what we learn....

Here is the full text of the FOIA request :

30 April 2013

Department of Justice
EOUSA/FOIA/PA Staff
BICN Bldg.
600 E Street, N.W., Suite 7300
Washington, D.C. 20530-0001

Ladies and Gentlemen :

Re : REQUEST UNDER FREEDOM OF INFORMATION ACT/
     Expedited Processing Requested

This letter constitutes a request (“Request”) pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., the Department of Justice implementing regulations, 28 C.F.R. § 16.1 et seq., the President’s Memorandum of January 21, 2009, 74 Fed. Reg. 4683 (Jan. 26, 2009), and the Attorney General’s Memorandum of March 19, 2009, 74 Fed. Reg. 49,892 (Sept. 29, 2009). I submit this Request as a blogger.

This Request seeks records pertaining to the prosecution of Lt. Daniel Choi (“Lt. Choi”). Lt. Choi was arrested on Nov. 15, 2010 on a public sidewalk adjacent to the White House, during a protest against the military’s former policy known as “Don’t Ask, Don’t Tell.” On March 27, 2013, I submitted a request for information in an e-mail addressed to Angela George of the U.S. Attorney’s Office (attached hereto as Exhibit A) (“Original Request”) requesting various information and records pertaining to the prosecution of Lt. Choi. Other officers with the Department of Justice were also copied on this e-mail. I specifically mentioned in my Original Request that I requested answers to my questions, or, if there was another process, which I had to follow to submit an “official” request for information, I alternatively requested that I be informed by the U.S. Attorney’s Office of such process. The U.S. Attorney’s Office was non-responsive to this e-mail, so I sent a follow-up e-mail on April 10, 2013 (attached hereto as Exhibit B). The U.S. Attorney’s Office was non-responsive to this e-mail, so I forwarded the e-mail chain of my requests for information and records on April 16, 2013 to a general e-mail inbox for the Department of Justice (attached hereto as Exhibit C), to which I finally received an acknowledgement and further instruction dated April 17, 2013 (attached hereto as Exhibit D), which gives rise to this Request.

This Request seeks information and records pertaining to the nature and purpose of the U.S. Attorney’s Office’s prosecution of Lt. Choi. Many activists question why the Department of Justice has sought to prioritise the prosecution of activists, such as the late Aaron Swartz and Lt. Choi. Are prosecutors being told to prosecute activists ? The nature of some of the prosecutions of activists have been portrayed in the press to be “rife with intimidation and prosecutorial overreach.” See, e.g., Noam Cohen, A Data Crusader, a Defendant and Now, a Cause, N.Y. Times, Jan. 14, 2003, at A1. Given this prosecutorial tone, has there been any intention to express disrespect to Lt. Choi during the proceedings of the prosecution ? What explains why the U.S. Attorney’s Office refused to address Lt. Choi by his official military rank ? How aggressive were prosecutors instructed to pursue Lt. Choi ? What have been the cumulative costs of the prosecution of Lt. Choi ?

In several press reports, the Department of Justice was portrayed to be engaged in a “vindictive prosecution” against Lt. Choi. See, e.g., Scott Wooledge, Updated: Judge Allows Lt Dan Choi’s “vindictive prosecution” Defense, Daily Kos, (Aug. 31, 2011), http://www.dailykos.com/story/2011/08/31/1012290/-Updated-Judge-Allows-Lt-Dan-Choi-s-vindictive-prosecution-Defense#. And then, before the nature and purpose of the selective prosecution of Lt. Choi could become public information, prosecutors quashed the effort to expose the selective prosecution. See Lou Chibbaro Jr., Judge rules against Choi in ‘vindictive’ prosecution claim, Washington Blade (Oct. 17, 2011), http://www.washingtonblade.com/2011/10/17/judge-rules-against-choi-in-‘vindictive’-prosecution-claim/.

Further reports suggest prosecutorial overreach or vindictive prosecution is not limited to the late Mr. Swartz or to Lt. Choi. The scope of other prosecutions, namely, the prosecution of PFC Bradley Manning, could lead to treating all whistleblowers as traitors. This treatment has been described as “extraordinary prosecutorial overkill.” See Amy Goodman & Glenn Greenwald, Glenn Greenwald on Bradley Manning: Prosecutor Overreach Could Turn All Whistleblowing into Treason, Democracy Now (March 5, 2013), http://www.democracynow.org/2013/3/5/glenn_greenwald_on_bradley_manning_prosecutor.

Despite these publicized concerns, the Department of Justice remains silent about its intentions with respect of its prosecution of activists. Indeed, the U.S. Attorney’s Office was non-responsive to my Original Request. It is unclear why federal prosecutors are persecuting activists. The public has little information about the internal accountability mechanisms by which laws and rules govern the targeted prosecutions of activists. Nor does the public have any information about how the Department of Justice balances First Amendment rights, other Constitutional rights, civil liberties, and other civil rights of activists against the charges that the Department of Justice brings against activists. Without this information, the public is unable to make an informed judgment about the Department of Justice’s targeted prosecutions of activists. I make the following requests for information in hopes of filling that void.

I. Requested Records

     1. All records and information pertaining to the legal basis of prosecuting activists, who engage in protests, including, but not limited, to records and information regarding :

     A. what kind of activists may be targeted for prosecution, how many activists have been targeted for prosecution, what are the names of such activists, and which Department of Justice officials approved of such prosecution of activists ;

     B. whether the nature and purpose of prosecution of activists may be aggressive, selective, or involve overreach, and which Department of Justice officials approve of such nature and purpose of prosecution of activists ;

     C. limits, rules, procedures, or other guidelines that must or should be taken into consideration before, during, and after the prosecution of activists to mimimise the interference with First Amendment rights, other Constitutional rights, civil liberties, and other civil rights of activists ;

     D. consideration of other circumstances, conditions, and restrictions that form any part of the decision to target activists for prosecution ; and, if such considerations exist, under what circumstances, under what conditions, and subject to what restrictions ;

     E. any and all agency, executive, judicial, or congressional reports, memoranda, records, and information, which provide any description of the process for the determination as to whether activists can be targeted for prosecution ; and

     F. whether agencies other than the Department of Justice may target activists for prosecution, and, if so, under what circumstances, under what conditions, and subject to what restrictions ; and which agency officials approve of such prosecution of activists.

     2. All records and information created on or after Nov. 12, 2010, pertaining to the legal basis for the arrest and/or prosecution of Lt. Choi, including, but not limited to, records and information regarding :

     A. whether the prosecution of Lt. Choi was part of any Department of Justice’s process to target activists ; and

     B. the limits of the Department of Justice’s prosecution to mimimise the interference with First Amendment, other Constitutional rights, civil liberties, and other civil rights of Lt. Choi.

     3. All records and information created on or after Nov. 12, 2010, pertaining to the legal basis for the Department of Justice or U.S. Attorney’s Office to fail to refer to Lt. Choi by his military rank, in accordance with Army Regulation 670-1.

     4. The total cost of the prosecution of Lt. Choi, including, but not limited to :

     A. any and all records and information created on or after Nov. 12, 2010, pertaining to the cost of arresting and/or prosecuting Lt. Choi, including, but not limited to, records and information regarding :

     a. any and all agency, executive, judicial, or congressional reports, memoranda, records, and information, which indicate, calculate, or analyze the budged and actual cost of the prosecution of Lt. Choi ;

     b. any and all records of the cost of staff costs, staff benefits, travel, transcripts, accommodations, meals, non-attorney investigation costs, research costs, other investigation costs, and all other costs on the prosecution of Lt. Choi ;

     c. any and all records of the costs of fact and expert witnesses in connection with the prosecution of Lt. Choi ;

     d. any and all records of assistance provided by other law enforcement agencies in connection with the prosecution of Lt. Choi ; and

     e. any and all records of hours worked, paid or unpaid overtime hours, and other information about personnel hours worked in connection with the prosecution of Lt. Choi.

II. Application For Expedited Processing

I request expedited processing pursuant to 5 U.S.C. § 552(a)(6)(E) ; 22 C.F.R. § 171.12(b) ; 28 C.F.R. § 16.5(d) ; 32 C.F.R. § 286.4(d)(3) ; 32 C.F.R. § 1900.34(c). There is a “compelling need” for these records, because the information requested is urgently needed in order to be disseminated to inform the public about actual or alleged Federal Government activity. 5 U.S.C. § 552(a)(6)(E)(v) ; see also 22 C.F.R. § 171.12(b)(2) ; 28 C.F.R. § 16.5(d)(1)(ii) ; 32 C.F.R. § 286.4(d)(3)(ii) ; 32 C.F.R. § 1900.34(c)(2).

In addition, the records sought relate to a “breaking news story of general public interest.” 22 C.F.R. § 171.12(b)(2)(i) ; 32 C.F.R. § 286.4(d)(3)(ii)(A) ; see also 28 C.F.R. § 16.5(d)(1)(iv) (providing for expedited processing in relation to a “matter of widespread and exceptional media interest in which there exist possible questions about the government’s integrity which affect public confidence”).

As a blogger, I am “primarily engaged in disseminating information” within the meaning of the statue and regulations. 5 U.S.C. § 552(a)(6)(E)(v)(II) ; 22 C.F.R. § 171.12(b)(2) ; 28 C.F.R. § 16.5(d)(1)(ii) ; 32 C.F.R. § 286.4(d)(3)(ii) ; 32 C.F.R. § 1900.34(c)(2). Dissemination of information to the public is a critical and substantial component of my mission and work. See, e.g., Jonathan Lemire, Christine Quinn detractors use social media in effort to quash her mayoral run, N.Y. Daily News (April 14, 2013), http://www.nydailynews.com/news/politics/online-effort-quash-christine-quinn-mayoral-aspirations-article-1.1316224 ; Jill Colvin, Christine Quinn Foes Prepare Campaign to Spoil Her Mayoral Hopes, DNAinfo (Jan. 9, 2013), http://www.dnainfo.com/new-york/20130109/new-york-city/christine-quinn-foes-prepare-campaign-spoil-her-mayoral-hopes. I publish several blogs, produce YouTube videos, and manage several Twitter feeds. Such material is widely available to everyone. This Request originated from questions posted to the U.S. Attorney’s Office, so that I could update this specific blog post : http://ny-popculture-politics.blogspot.com/2013/03/lt-dan-choi-dadt-trial-update.html.

The records and information sought directly relate to a breaking news story of general public interest that concerns actual or alleged Federal Government activist ; specifically, the records and information sought relate to the U.S. Government’s prosecution of activists. The records and information sought will help determine what is the government’s asserted legal basis for these targeted prosecutions, whether it conflicts with the First Amendment rights, other Constitutional rights, civil liberties, and other civil rights, how many activists have been prosecuted, and other matters that are essential in order for the public to make an informed judgment about the advisability of this tactic and the lawfulness of the government’s conduct. For these reasons, the records and information sought relate to a “matter of widespread and exceptional media interest in which there exist possible questions about the government’s integrity which affect public confidence.” 28 C.F.R. § 16.5(d)(1)(iv).

There have been news reports about the prosecution of activists that imposes restrictions, burdens, and interferences with First Amendment, other Constitutional rights, civil liberties, and other civil rights of activists. After HIV/AIDS activists were arrested during a peaceful protest in Washington, DC, the U.S. Attorney’s Office demanded the drug-testing of activists, who were charged with nonviolent crimes, such as civil disobedience. The U.S. Attorney’s Office demand for drug-testing of HIV/AIDS activists was fraught with complications, because the activists may have had a prescription for medical marijuana or may have had prescriptions for other medications, which perhaps would have resulted in a false positive. See Trenton Straube, U.S. Attorney Requires Drug Tests for AIDS Protesters, POZ (Feb. 2012), http://www.poz.com/articles/DC_HIV_Marijuana_401_21944.shtml ; Martin Austermuhle, AIDS Activist Faces Trial After Use of Medical Marijuana Sinks Hopes for Dismissal of Charges, dcist (Feb. 9, 2012), http://dcist.com/2012/02/aids_activist_faces_trial_after_usi.php.

These news stories and investigative reports have also suggested that the prosecution of activists was unfair. These HIV/AIDS activists chained themselves together inside the office of House Majority Leader Eric Cantor (R-Va.) to protest, among other issues, cuts to HIV/AIDS programs. They were arrested on federal charges. On the same day as the HIV/AIDS activists were arrested, 41 D.C. voting rights activists, including Mayor Vincent Gray, were arrested on Capitol Hill. The voting rights activists were charged with misdemeanors by the D.C. attorney general. Most, including the mayor, paid a $50 fine. What explains why the U.S. Attorney’s Office was treating HIV/AIDS activists differently ? See Arin Greenwood, HIV/AIDS Activists Complain Of Unfair Treatment By U.S. Attorney's Office, Huffington Post (Feb. 8, 2012), http://www.huffingtonpost.com/2012/02/08/aids-activists-protest_n_1263144.html ; Brianne Carter, D.C. mayor Vincent Gray, councilmembers arrested : Protesters plead not guilty, WJLA (May 5, 2011), http://www.wjla.com/articles/2011/05/d-c-mayor-vincent-gray-councilmembers-arrested-protesters-to-appear-in-court--60103.html ; Debbie Siegelbaum, AIDS activists allege discriminatory treatment following Capitol arrest, The Hill (Feb. 8, 2011), http://thehill.com/homenews/house/209485-aids-activists-allege-discriminatory-treatment-after-capitol-protest-arrest.

Further news reports have caused concern that the prosecution of activists is influenced with political overtones. During his tenure as a U.S. Attorney, Patrick Fitzgerald targeted 23 activists, who were widely described as critics of U.S. foreign policy. See Peter Wallsten, Activists cry foul over FBI probe, The Washington Post (June 13, 2011), http://articles.washingtonpost.com/2011-06-13/politics/35235946_1_activists-cry-stephanie-weiner-targets ; Kevin Gosztola, FBI Continues to Target Activists in Chicago and Minneapolis (VIDEO), Firedoglake (Dec. 9, 2010), http://my.firedoglake.com/kgosztola/2010/12/09/fbi-continues-to-target-activists-in-chicago-and-minneapolis/ ; Josh Gerstein, After 1 year, FBI returns property to Minnesota anti-war activists, Politico (Nov. 3, 2011), http://www.politico.com/blogs/joshgerstein/1111/FBI_returns_property_to_Minnesota_antiwar_activists.html.

The activist community and the public-at-large are unable to determine the nature and purpose of the prosecution of activists, because there is a lack of reliable information about the reasons the Department of Justice is prosecuting activists. Indeed, even Congress is left in the dark about the motivations behind the prosecution of activists. See, e.g., Kim Zetter, Congress Demands Justice Department Explain Aaron Swartz Prosecution, Wired (Jan. 29, 2013), http://www.wired.com/ threatlevel/2013/01/doj-briefing-on-aaron-swartz/ ; Marcy Wheeler, Aaron Swartz reveals the hypocrisy of our Justice Department, Salon (Jan. 15, 2013), http://www.salon.com/2013/01/16/aaron_swartz_reveals_the_hypocrisy_of_our_ justice_department/. And in respect of Lt. Choi, a magistrate judge had found that was indication that the Department of Justice was singling out Lt. Choi for “vindictively prosecution.” See John Aravosis, Judge finds prima facie evidence that US government may have “vindictively prosecuted” Dan Choi, AMERICAblog (Aug. 31, 2011), http://americablog.com/2011/08/judge-finds-prima-facie-evidence-that-us-government-may-have-vindictively-prosecuted-dan-choi.html ; Scott Wooledge, Updated: Judge Allows Lt Dan Choi’s “vindictive prosecution” Defense, Daily Kos (Aug. 31, 2011),http://www.dailykos.com/story/2011/08/31/1012290/-Updated-Judge-Allows-Lt-Dan-Choi-s-vindictive-prosecution-Defense# ; and Chris Geidner, Government Files Motion to Stop "Vindictive Prosecution" Defense in Choi Trial, Metro Weekley (Sept. 16, 2011), http://www.metroweekly.com/poliglot/2011/09/government-filed-motion-to-sto.html.

III. Application for Waiver or Limitation of Fees

I request a waiver of search, review, and duplication fees on the grounds that disclosure of the requested records is in the public interest, because it “is likely to contribute significantly to public understanding of operations or activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(A)(iii) ; 22 C.F.R. 171.17(a) ; see also 28 C.F.R. § 16.11(k)(1) ; 32 C.F.R. § 286.28(d) ; 32 C.F.R. § 1900.13(b)(2).

As discussed above, numerous news accounts reflect the considerable public interest in the requested records and information. Given the ongoing and widespread media attention to this issue, the records and information sought in the instant Request will significantly contribute to public understanding of the operations and activities of the Department of Justice and the U.S. Attorney’s Office with regard to the targeting of activists for prosecution. See 22 C.F.R. 171.17(a)(1) ; 28 C.F.R. § 16.11(k)(1)(i) ; 32 C.F.R. § 286.28(d) ; 32 C.F.R. § 1900.13(b)(2). Moreover, disclosure is not in the ACLU’s commercial interest. Any information disclosed by me as a result of this Request will be available to the public at no cost. Thus, a fee waiver would fulfill Congress’s legislative intent in amending FOIA. See Judicial Watch Inc. v. Rossitti, 326 F.3d 1309, 1312 (D.C. Cir. 2003) (“Congress amended FOIA to ensure that it be ‘liberally construed in favor of waivers for noncommercial requesters.’” (citation omitted)) ; OPEN Government Act of 2007, Pub. L. No. 110-175, 121 Stat. 2524, § 2 (Dec. 31, 2007) (finding that “disclosure, not secrecy, is the dominant objective of the Act,” but that “in practice, the Freedom of Information Act has not always lived up to the ideals of that Act”).

I also request a waiver of search and review fees on the grounds that I qualify as a “representative of the news media,” and the records and information are not sought for commercial use. 5 U.S.C. § 552(a)(4)(A)(ii) ; 28 C.F.R. § 16.11(d). Accordingly, fees associated with the processing of the Request should be “limited to reasonable standard charges for document duplication.” 5 U.S.C. § 552(a)(4)(A)(ii)(II) ; see also 32 C.F.R. § 286.28(e)(7) ; 32 C.F.R. § 1900.13(i)(2) ; 22 C.F.R. 171.15(c) ; 28 C.F.R. § 16.11(d) (search and review fees shall not be charged to “representatives of the news media”).

I meet the statutory and regulatory definitions of a “representative of the news media” because I function as an “entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience.” 5 U.S.C. § 552(a)(4)(A)(ii).

* * *

Pursuant to applicable statute and regulations, I expect determination regarding expediting processing within 10 calendar days. See 5 U.S.C. § 552(a)(6)(E)(ii)(I) ; 22 C.F.R. 171.12(b) ; 28 C.F.R. § 16.5(d)(4) ; 32 C.F.R. § 286.4(d)(3) ; 32 C.F.R. § 1900.21(d).

If the Request is denied in whole or in part, I ask that you justify all deletions by reference to specific exemptions to FOIA. We expect the release of all segregable portions of otherwise exempt material. We reserve the right to appeal a decision to withhold any information or to deny a waiver of fees.

Thank you for your prompt attention to this matter. Please furnish all applicable records to :

Louis Flores
()
New York, NY 10011

I affirm that the information provided supporting the request for expedited processing is true and correct to the best of my knowledge and belief.

Sincerely,

Again, Christine Quinn Connection To Lobbyist Emily Giske Blocks Taxi Reforms

The lobbyist Emily Giske, right, has been paid handsomely by owners of taxi medallions for blocking proposed taxi regulations, such as requiring taxis to pick up fares in the outer boroughs. Now comes word that Ms. Giske, who enjoys what some political observers describe as a warm and cozy relationship with New York City Council Speaker Christine Quinn, second from left, has been able to block through Speaker Quinn's efforts any attempt to increase the availability of taxis, which are compliant or accessible in accordance with the Americans With Disability Act, or ADA.

Because of her connection to lobbyist Emily Giske, @chriscquinn has blocked efforts to make taxis #ADA compliant online.wsj.com/article/SB1000…

— Stop Christine Quinn (@stopchrisquinn) May 1, 2013