Justice Dept. Proposes New FOIA Rule Designed to Allow Lying and Hiding Existence of Records

The proposal, which “transparency experts” call “Orwellian” begs the question; what good is the FOIA if it allows a corrupt administration to lie, and conceal the very records being sought?

The Daily Caller’s C.J. Ciaramella has the scoop:

A proposed revision to Freedom of Information Act rules would allow federal agencies to lie to citizens and reporters seeking certain records, telling them the records don’t exist.

The Justice Department has proposed the change as part of a large revision of FOIA rules for federal agencies. Specifically, the rule would direct government agencies who are denying a request under an established FOIA exemption to “respond to the request as if the excluded records did not exist,” rather than citing the relevant exemption.

The proposed rule has alarmed government transparency advocates across the political spectrum, who’ve called it “Orwellian” and say it will “twist” public access to government.


Conservative government watchdog Judicial Watch has also lambasted the proposed rules change. (RELATED: Obama admin. pulls references to Islam from terror training materials, official says)

The news is “not surprising, coming from the Obama administration,” said Christopher J. Farrell, director of investigations and research at Judicial Watch.


Upon taking office, President Obama released a memorandum declaring his administration was “committed to operating with an unprecedented level of openness. Specifically, he pledged to bolster the strength of the FOIA act, callingit “the most prominent expression of a profound national commitment to ensuring an open government.”

The FOIA revisions were first published back in March – right around the time a certain foul-smelling DOJ scandal started hitting the news “Fast and Furiously”, IYKWIMAITYD.

Call, email and write your Congresscritters NOW. If they adopt this rule, they must be defunded.



Video: Rock ‘Em Sock ‘Em Romney Perry


Gotta love this fun video from Americans For Cain:

That was a damn sight more effective than the “smoking man” video – (Which also made me laugh.)

Another Americans For Cain ad reiterating his pro-life creds:

I don’t think anyone seriously doubt’s Cain’s pro-life position on abortion. What is in doubt is his ability to handle tough media questions on abortion.

Hat tip: Charles B.


Richard Miniter On Why Herman Cain Can Win

Richard Miniter has penned an excellent piece in Forbes magazine analyzing the  force that is propelling  “third tier candidate” candidate, Herman Cain to the top tier.

This is worth reading from beginning to end – Miniter nails it on every single point.

This is the power of the new force. It can grab a third-tier candidate by his lapels and put him on top. And the new force is seeking the most electable radical it can find, not the pol patiently waiting in the wings. They want a 21st century reformer who will take on the mid-20th century entitlement state, not a tinkerer trying to keep alive a consensus formed before many of them could vote.

That new force is the Tea Party. It is challenging and changing the rules of how the GOP establishment picks it presidential nominee. Among “non-Tea Party Republicans Romney actually leads Cain 29-27,” said PPP’s Dean Debnam in a statement.  In an ordinary presidential cycle, Romney would be the frontrunner.

Now let’s look at the Tea Party’s candidate preferences. Cain dominates with 39%. Gingrich is second at 16%. Perry limps in at 14%. And Romney? 13%. “Romney doesn’t need to win the Tea Partiers to be the Republican nominee,” Debnam notes.  “But he does need to finish better than 4th with them.” That’s right.

And, in GOP primaries, Tea Party voters outnumber non-Tea Partiers almost two to one.

So the Tea Party is about to upend everything the experts think they know about presidential politics.

His analysis of the “flavor of the month” syndrome we’ve been seeing all year is so acute, it’s like he’s been living rent-free inside the average tea partier’s head.:

Only a few weeks ago, Gov. Perry seemed to be the most electable radical—and he was the Tea Party favorite. Poor debate performances, amateur campaign moves and elements of his Texas record (in-state tuition for Mexican nationals but not Oklahoma residents, the vaccination program open to scaremongering by libertarians) cost him Tea Party support. Before Perry, the Tea Party gave Rep. Bachmann her star turn.  Now she is a falling star. Her entire New Hampshire political team resigned en masse this past week.

If Cain can survive the sudden media attention, his support among Tea Partiers will solidify and grow. Once he won the Florida Straw Poll, he suddenly seemed electable to Tea Partiers. So he caught an updraft and is now the front-runner. He will stay there until the Tea Party loses confidence in him (and possibly elevates Gingrich).

Uh….my next choice in case Cain falls apart is indeed Gingrich.

Again, read the entire piece, as I’ve only excerpted a portion of page 2 –  it’s the best analysis of Cain’s rise in the polls you will find anywhere on the web.

After a series of media stumbles, a lot depends on Cain taking some necessary steps to prove that he’s not “in over his head”.

RS McCain has some positive news on that front: Cain Seeks to Satisfy Foreign Policy Snobs (not that it’s really snobby for voters to expect their candidate have a passing knowledge of the major foreign policy issues of the day!)

Alex Pappas and Jamie Weinstein of the Daily Caller report:

Almost every day, Republican presidential candidate Herman Cain is handed a one-page briefing from his chief foreign policy adviser on news from around the world.
It’s one of several things his campaign says the former Godfather’s Pizza CEO, who has never held elective office before, is now doing to bone up on foreign policy — especially as he faces a big test in November at a GOP debate on national security issues.
“He’s really getting up to speed a lot more so than people give him credit for,” J.D. Gordon, Cain’s foreign policy and national security adviser who prepares the briefings, said in an interview with The Daily Caller on Monday.

Let us hope.

Hat tip: Hot Air Headlines


Video: Steve Wynn Blasts Obama/Reid/Pelosi Economy: “The Speeches Are Great – the Actions Are Horrifying”

Casino Exec, Steven Wynn blasted the Obama administration and his congressional toadies in an interview with Neil Cavuto, yesterday. He recounted a stunning conversation  he had had in early 2010 with the NV Dem Rep, Shelley Berkley regarding ObamaCare. When he begged her to reconsider voting for the heinous bill, she had told him, “Steve I know it’s terrible. My husband’s a doctor. He hates it too. But if I don’t vote for it, she will punish me.”

I honestly don’t know how these Demcocrapweasels sleep at night.

Wynn seems like he has some working brain cells. What could have ever possessed him to support them in the first place?


Obama To Use Executive Fiat More Because #WeCantWait

Conservatives are tittering on twitter about the Obama administration’s cheesy new slogan, #WeCantWait, but it is clear to me that Obama’s using the jobs and mortgage “crises” (never to go to waste) as an excuse to further usurp congressional authority.

Obama announced Monday the Federal Housing Finance Agency, which oversees the Federal Home Loan Mortgage Corp. (Freddie Mac) and the Federal National Mortgage Association (Fannie Mae) took three steps to help responsible homeowners refinance and take advantage of low mortgage rates.

Why use the executive order?

“Because we have to do everything we can,” Carney said.

Using executive authority doesn’t mean Obama is giving up his pleas to Congress to pass his American Jobs Act, Carney said.

“It is not a substitute for congressional action,” Carney said. “Congress must pass the individual components of the jobs act.”

Obama told an audience in a Las Vegas neighborhood of underwater homes that he’s not gonna wait for congress.”So I’m here to say to all of you …We can’t wait for an increasingly dysfunctional (read: Republican) Congress to do its job. Where they won’t act, I will,”

Get it? “We can’t wait”. And by “we”, Obama means the collectivists and deadbeats who support him.

The housing and student loan initiatives can be seen as.setting up a precedent to go around Congress on other things, as well.

At Hot Air, Ed Morrissey opined that the administration is focusing on the wrong things:

The real problem in the housing crisis isn’t mortgages, it’s unemployment. Even an underwater mortgage is still manageable as long as the debtor maintains an income level that affords the payments. Foreclosures don’t happen because of devaluation of property — they occur because payments don’t get made. Further, if homeowners have steady incomes, banks don’t need government interventions for refinancing and restructuring mortgages; they have plenty of motivation to perform those on their own.

Keith Hennessey’s reaction to the program:

“If this were a huge program that would help several millions of underwater mortgages at an enormous cost to the taxpayer, there would be some interesting policy tradeoffs worth exploring.  In particular, are the macroeconomic benefits of helping these homeowners refinance and potentially escape from their underwater mortgage worth the increased costs to the taxpayer and the inequities created in which one group of Americans subsidize others whose [housing] investments went bad?  These same tradeoffs exist with this new policy, but I wouldn’t lose sleep over them when the policy is small. Still, Congress should ask FHFA for detailed estimates of the increased costs and risks to the taxpayer.”

Obama pretends that well-being the US economy hangs on the passage of his jobs boondoggle, but as Jack Welch, GE’s former Chairman and CEO,  widely regarded as one of the best business leaders in history, told David Gregory on Sunday, there are actions he could take, that could help the slumping economy, now:

MR. WELCH:  Oh, he can do a lot about the economy.  He could look at drilling for oil.  He can, by himself, can drive that posture.  He could put a moratorium on regulation until we’ve got unemployment below a certain level. He could do it.  And he could, most importantly, change the posture. Everything we do in this administration is more punitive than it is incentivized.  Let me give you a perfect example.  Let’s take the jobs bill. They put in there Section 371.  That is an ability to sue for unemployed people who are out looking for a job to sue for $300,000, for example, if they hire Andrea who has a job and don’t hire me, unemployed.  It’s crazy.  They, they give a $4,000 incentive to hire an unemployed person, then they give a $300,000 penalty if you happen to discriminate against an unemployed person. Come on, you’ve got to get a positive framework.

In Las Vegas, the Organizer in Chief also threw in an ominous and creepy reference to his minions in the #OWS movement, “When our politics isn’t working, then the American people rise up and make sure they work.”

This is part of what the estimable Charles Krauthammer called, the “Scapegoat Strategy”:

These indignant indolents saddled with their $50,000 student loans and English degrees have decided that their lack of gainful employment is rooted in the malice of the millionaires on whose homes they are now marching — to the applause of Democrats suffering acute Tea Party envy and now salivating at the energy these big-government anarchists will presumably give their cause.

Except that the real Tea Party actually had a program — less government, less regulation, less taxation, less debt. What’s the Occupy Wall Street program? Eat the rich.

Fox Business reported:

Senate Minority Leader Mitch McConnell’s (R., Ky.) office reacted to the “We Can’t Wait” narrative by sending out comments the senator made Sunday on CNN. “The President is trying to convince everybody that somebody else, anybody else, is responsible for the fact that he hasn’t done a good job,” McConnell said.

Republicans point out that the president’s expensive stimulus plan has failed to work, and has dubbed  Obama’s trip, the “West Coast Misery Tour.”

The NRSC  produced a video portraying Obama surveying a  post-apocalyptic Nevada, in preparation of a big Senate race, next year.

See also:

Pundit Press: Obama Email: Administration Prepared to “Act” Without Congressional Approval