Showing posts with label Lt. Dan Choi. Show all posts
Showing posts with label Lt. Dan Choi. Show all posts

Friday, February 14, 2014

NYPD Rejects Freedom of Information Request for Freedom of Information Handbook

From Obama to de Blasio, Democratic administrations block freedom of information

No surprise. Citizens can be duped more easily if they are kept ignorant of the true workings of their own government. It's sad to see this, but that's where things are headed. The lazy mainstream media, the one with the resources, need to challenge this, but that would mean that they would have to actually call out what is happening : a deliberate subversion of the truth. You won't see The New York Times do shit, though. Like Goldilocks trying out chairs, it took three articles spread out over three days (first)(second)(third) for them to finally do a decent reporting on the bishop being busted out of jail for free story, and that was only after every major daily (and the AP wire) had out-reported The NYTimes. There was once a time when I used to think of The NYTimes as the "Bible" of journalism. There are some times when they are spot on, but more and more each edition seems like the apocryphal texts of journalism.

As much as I have pushed "progressive" LGBT activists to speak out on other betrayals by the new administration, I'm now resigned to see how many LGBT activists sweep this one under the rug, too. There was once a time in New York when LGBT activists were on the forefront of pushing forth new progressive achievements. That was back then.

In an era when the media refuses to "vet" politicians for the truth, we only have activists to rely upon, and perhaps good government groups. But the way that the New York Civil Liberties Union has retreated from holding the NYPD accountable, who is left to apply pressure politics to government officials, forcing them to adopt a truly progressive reform agenda ?

LGBT activists fought so hard to come out of the closet, but now they feel so right at home locked up in the veal pen.

Although a lawsuit connected to the 2003 anti-war protest was settled, police abuses later continued against Occupy Wall Street demonstrators. What do "settlements" mean, if there is on-going compliance or oversight of the NYPD when it comes to broader constitutional rights and civil liberties reforms ?


  • RELATED : MuckRock Podcast : FOIA By Numbers

Monday, February 10, 2014

Rep. Joseph Crowley asks DOJ to release information regarding vindictive prosecution of Lt. Daniel Choi

New York Congressman presses Department of Justice to answer Freedom of Information Act request

U.S. Representative Joseph Crowley (D-NY) wrote a letter to the staff of the U.S. Department of Justice, requesting that the agency answer a Freedom of Information Act request submitted last year.

The FOIA request was submitted on 30 April 2013 to obtain information about the Department of Justice's policy of aggressively prosecuting activists. One activist in particular, Lt. Daniel Choi, who led the charge to over turn the military's discriminatory policy known as "Don't Ask, Don't Tell," was the target of a "vindictive prosecution," according to a court finding. A pattern of others being targeted for their activism shows that some federal prosecutors may be overreaching in a deliberate campaign to punish activists.

Lt. Choi's circumstances very visibly highlight questions about why the government chose to press federal charges against one of the nation's most visible LGBT civil rights activists. Lt. Choi's activism, sometimes involving direct action, was undertaken to end the military's discrimination against gays and lesbians in the U.S. Armed Forces. After the U.S. Congress acknowledged the harmful discrimination of "Don't Ask, Don't Tell" and repealed the policy, and after President Barack Obama signed the repeal into law, the government still prosecuted Lt. Choi as if he were a criminal, even though his activism was undertaken solely to advance social justice. Rep. Crowley's crucial letter to the Department of Justice comes as the FOIA request remains pending over nine months after its initial, formal filing. In December, the law firm of Willkie Farr & Gallagher LLP filed an appeal in support of the FOIA request after it had become apparent that the Department of Justice had constructively denied the FOIA request by refusing to provide any response.

2014-02-10 Rep Joseph Crowley Letter to DOJ - Lt Dan Choi FOIA Request by Connaissable

Here is the appeal filed in December by Willkie Farr & Gallagher LLP :

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

And here is the original FOIA request, formally filed last April :

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

Wednesday, January 15, 2014

Letters to U.S. Senators, requesting assistance in Lt. Daniel Choi's FOIA Request

Today, I sent a letter to Senators John Cornyn and Al Franken regarding their investigation into the conduct of the U.S. Attorney's Office in the government's aggressive prosecution of the late Internet activist, Aaron Swartz. I mentioned the pending Freedom of Information Act (FOIA) request that is pending in the government's vindictive prosecution case against "Don't Ask, Don't Tell" repeal hero, Lt. Daniel Choi. I asked the Hon. Senators if there was a way that we could work together on these matters.

2014-01-15 Lt Daniel Choi FOIA Request - Senator John Cornyn - Al Franken (Fax and Confirmation)

Separately, I sent another letter to Senate Majority Leader Harry Reid, asking him for his support on these matters.

2014-01-15 Lt Daniel Choi FOIA Request - Senator Harry Reid (Fax and Confirmation)

If I receive any responses, I'll provide another update.

Tuesday, December 10, 2013

NYPD Sends Subpoena To Reporter, Reporter Fired, NYPD Ticket Fixing, Other Free Press Updates

The First Amendment On The Ropes

''In what The New York Times described as a 'broadly worded, five-page subpoena,' New York City lawyers are demanding that former Village Voice reporter Graham Rayman turn over tape recordings police officer Adrian Schoolcraft made of his superiors at the NYPD’s 81st precinct in Brooklyn," Time magazine is reporting, adding, "The tapes were the basis for Rayman’s book, The NYPD Tapes, which alleges officers manipulated crime data in the Bedford-Stuyvesant neighborhood in Brooklyn."

It's questionable why city lawyers are infringing on Mr. Rayman's free press protections under the First Amendment, and many are concerned that the NYPD is trying to harass Mr. Rayman in retribution for Mr. Rayman's exposé of police corruption. Because of the legal wrangling with the city, one activist, Suzannah B. Troy, wondered whether the litigation was an excuse used by the new owners of the Village Voice to lay-off Mr. Rayman.

Investigating the NYPD of corruption is something that rarely happens. Many have called for a federal commission to come in and investigate the New York City police force. After many unfounded shootings of innocent people, no police ever gets convicted. One recent scandal, a massive, illegal operation involving ticket-fixing, has only resulted in one officer losing his job.

Aside from the subpoena served on Mr. Rayman, the NYPD has also tried to harass Mr. Schoolcraft. A judge ruled that Mr. Schoolcraft can't be hit by a countersuit from his former supervisor. At every step of the way, the NYPD are trying to suppress any corruption investigation of its police officers.

The duplicity of NYPD, tasked with enforcing the law, but which now is acting to suppress a free press, somewhat parallels the duplicity of the Obama administration. At the same time when President Obama is secretly obtaining the phone records of Associated Press reporters, in an effort to suppress a rigorous free press from investigating his administration, Vice President Joe Biden registered complaints with Chinese government officials over hacking and other threats against foreign journalists. Give me a break.

All of this is taking place against a backdrop where New York City officials and the Obama administration refuse to comply with freedom of information requests.

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 restricted by conditions created by harassing reporters, retaliating against whistleblowers, and denying freedom of information requests.


A Fox News reporter will not have to divulge the confidential sources who provided information for her story on the 2012 mass shooting at a Colorado movie theater, New York's highest court ruled on Tuesday. (Reporter Allowed to Keep Sources Secret in Colorado Theater Shooting * The New York Times)

(Updated : Friday 13 Dec 2013 19:48)

Saturday, December 7, 2013

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 :

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

Sunday, October 13, 2013

Are Angela George and Sanjay Sola helping President Obama politicize the US DOJ ? (Lt. Dan Choi FOIA Request Update)

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

Why won't the the US DOJ answer the FOIA Request about Lt. Dan Choi's arrest ?

I'm sharing with you an update on the freedom of information request sent to the U.S. Department of Justice.

On May 6, 2013, the DOJ received my FOIA request. The request sought information and records pertaining to serious questions of the government's prosecution of Lt. Daniel Choi. Since that time, the DOJ has denied my application for expedited processing, and it has delayed the production of any information and records. After several attempts to determine when the DOJ was going to answer the FOIA request, I have produced a YouTube video about the history of the request. I'm also asking you for your help.

Please send an e-mail to : angela.george@usdoj.gov or call : (202) 252-6038 and ask the DOJ to answer FOIA Request 13-1506.

What you can do :

  • Kindly send an e-mail to Angela George, the prosecutor in Lt. Choi's case, at : Angela.George@usdoj.gov -- and ask her for her help to expedite the DOJ's response to the FOIA request. Please refer to the DOJ's FOIA Request No. 13-1506. - and/or -
  • Kindly call Sanjay Sola at : (202) 252-6038 and ask him when the DOJ plans to answer to the FOIA request.

Prior to the government shutdown, it appeared that the DOJ was not going to provide any information or records in response to my request. Indeed, the Obama administration now has a track record of not answering FOIA requests.

See : Obama Administration Failing To Meet Transparency Pledge With FOIA Requests (Firedoglake)

There are several problems with the government's case against Lt. Choi. The most serious issue is that a judge ruled that there was enough evidence to show that the government was carrying out a "vindictive prosecution" against Lt. Choi.

The third day of the U.S. government's trial of former Lt. Dan Choi ended with a 10-day delay for the government to seek an order from a higher court stopping the decision made today by U.S. Magistrate Judge John Facciola to allow Choi's lawyers to argue the government singled out Choi for "vindictive prosecution."

Facciola said this morning that he had found there was prima facie evidence for "vindictive prosecution," meaning enough evidence was presented to allow Choi's lawyers to pursue such a claim. As a result, Choi's lawyers would be able to ask for more documents and evidence from the government in order to investigate if higher-level officials advised their subordinates to try Choi in federal court rather than district court.

See : Updated : Judge Allows Lt. Dan Choi's ''vindictive prosecution'' Defense (Daily Kos)

The mixed motivations of the government's case against Lt. Choi seem to follow a pattern of other federal prosecutions of activists. Examples of the government's questionable persecution of activists are mentioned in the YouTube video and are cited in the FOIA request.

Link to YouTube video : Why won't DOJ answer FOIA Request about Lt. Dan Choi ?

Link to FOIA request : Lt. Daniel Choi - Vindictive Prosecution DOJ FOIA Request (Scribd)

If you are able to e-mail the Hon. Madame Prosecutor or are able to speak with or leave a message for Mr. Sola, I would greatly appreciate it. Even if there is a government shutdown, your e-mail or voice-mail message can help us. Please let me know if you make contact with anybody.

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

Please share this video, the information, and the link. Thank you for any help you can provide.

Saturday, May 18, 2013

DOJ FOIA Request Update - Will Government Approve Expedited Processing ?

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

The FOIA request I sent to the U.S. Department of Justice was received on 6 May 2013.

2013 05 06 Lt Daniel Choi DOJ FOIA Request Louis Flores Scan

When I called the Department of Justice on 14 May 2013, I was told that the FOIA request had not yet been logged into the DOJ's FOIA request tracking system. I will call them next week, to find out if the DOJ is going to approve expedited processing.

Here is the original request, as submitted :

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,


Note that in the last few days, the media has been whipped into a frenzy over whether the DOJ is violating the First Amendment rights, other Constitutional rights, civil liberties, and other civil rights of journalists. The FOIA request I submitted asked for records pertaining to whether the DOJ violated these same rights and liberties of activists. Let's see what we find out.... Stay tuned.

Tuesday, May 14, 2013

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.”

Thursday, May 2, 2013

Lt. Daniel Choi - Vindictive Prosecution DOJ FOIA Request

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,

Thursday, March 28, 2013

Lt. Dan Choi DADT Trial Update

Lt. Daniel Choi was found guilty in trial almost three years after DADT protest :

Update : Lt. Daniel Choi was found guilty and fined $100, which news reports indicate that Lt. Choi promises not to pay -- perhaps setting up another showdown with the Department of Justice, which seems intent on prosecutorial overreach as it is..

Demonstration In Front Of The White House Before Commencement Of Today's DADT Protest Trail Against Lt. Dan Choi :

Below are two pictures of the demonstration, which took place just minutes ago, with the White House in the background. In the first picture, dozens of activists demonstrated in support of Lt. Dan Choi, and, in the second, Lt. Dan Choi salutes the President of the United States, who resides in the White House.

 photo 2013-03-28-Dan-Choi-White-House-Protest-Photo_zpsdb6289ce.jpg

About three dozen supporters stood in solidarity on Thursday, March 28, 2013, with Lt. Dan Choi, a U.S. Army veteran, who faces an unjust prosecution by the U.S. Department of Justice for a protest in which he participated against the military's former policy of ''Don't Ask, Don't Tell.'' Legal observers describe the government's case against Lt. Choi as an instance of prosecutorial over-reach by the Department of Justice.

2013-03-28-Lt-Dan-Choi-Profile-In-Front-Of-White-House photo 2013-03-28-Dan-Choi-Profile-White-House-Protest-Photo_zpsb5f995ac.jpg

Three years after Lt. Choi's DADT protest, which triggered his arrest and the resulting prosecution, the U.S. Attorney's Office refuses to dismiss the charges against him. The Assistant U.S. Attorney Angela S. George has been accused with waging an over-zealous prosecution against Lt. Choi, who is a notable LGBT civil rights activist. Under the Obama administration, other notable activists have been being prosecuted under worrisome attacks on demonstrations, curbs on Freedom of Speech, and growing restrictions on Freedom of Expression.

Related : Lt. Dan Choi Still on Trial Over 2010 Military Gay Ban Protest

The above photos were posted to Facebook this morning by Robin GetEqual McGehee.

DADT Trail Update From Lt. Dan Choi :

lt-dan-choi-trial-poster photo dan-choi_zpsd07b2745.jpg

From Lt. Dan Choi :

On Thursday morning, March 28th in Federal Criminal Court, I stand trial for protesting back in 2010 against "Don't Ask Don't Tell."

The federal prosecutor has fiercely pushed this case for three years now, demanding the maximum punishment: 6 months in federal prison. To date, the government lost 5 of 6 protest cases against me, but they refuse to drop this one. Even after the repeal of "Don't Ask Don't Tell," this seldom-used criminal charge against me remains: "Failure to Obey." My applications to re-enlist in the army were denied solely because of this trial. Whether it is to "teach me a lesson," or prevent my reinstatement, or bully those who practice free speech, the prosecution will not give up.

Nor will we. I ask you to please stand with me on this final lap, Thursday morning, March 28th.

The government is smart, powerful, intimidating and well resourced. But I stand on the principles learned in Basic Training: Defend freedom. Tell the truth. Never give up. Please join me, my fellow freedom fighters, international LGBT civil rights activists and people from all across the country who are flying in to send a clear message to the government: We will never stop defending our freedom to speak, serve and love.

Please let me know if you'll be there! I'll keep you updated about special gatherings and organizing.

Facebook Event: RSVP for ''USA v Lt. Dan Choi, DADT'' on Facebook

Even if you can't, please spread the word and forward this message, or consider writing a letter to the judge !

USA v. Lt. Daniel Choi
E. Barrett Prettyman Courthouse
United States District Court
333 Constitution Avenue NW
Washington, D.C. 20001

8:00 AM on Courthouse Lawn -
Yoga Meditation and Interfaith Prayer

9:00 AM in Courtroom 6, (Second Floor) -
Trial

Love is still worth fighting for.

Sincerely,
Lt. Dan Choi

Monday, July 25, 2011

In New York City, Video of Marriage Equality's First Day

First Day of Marriage Equality in New York - Connecting Rainbows Video

The Westboro Baptist Church, an anti-LGBT hate group, organised a hate rally outside Gov. Andrew Cuomo's Manhattan office on Sunday, to protest the first day that same-sex couples can legally marry each other in New York state. Connecting Rainbows organised a counter-protest. Here is video of what it was like outside of the Manhattan marriage bureau -- and then later of the counter-protest.