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America First Legal Sues the Office of Special Counsel to Compel an Investigation into the Department of Justice’s Illegal Program of Stonewall and Concealment

Washington, D.C.November 28, 2022

WASHINGTON, D.C. – Last week, America First Legal (AFL) sued the U.S. Office of Special Counsel (OSC) to compel an investigation of the Department of Justice’s (DOJ) Civil Division’s illegal policies blocking lawful Freedom of Information Act (FOIA) requests.

On April 6, 2022, AFL filed a FOIA request for emails between DOJ employees and an outside advocacy group. The DOJ, however, refused even to search for records on the pretext that it needed “permission” from each federal employee “to search his/her emails.” This is illegal, for it allows federal workers to opt themselves out of FOIA, and thereby conceal government information that the public is entitled to see. In response, AFL asked OSC to investigate the DOJ. However, contrary to its authorizing statute the OSC refused, stating it could only investigate after a court had declared the DOJ’s policies to be unlawful. Therefore, AFL has sued the OSC. 

The Biden Administration has launched a massive program of stonewall and concealment to hide its activities from the American people. Congress intended that the OSC protect public access to information, and serve as the American people’s watchdog to prevent the government from hiding behind closed doors. But OSC has apparently abdicated this critical responsibility. AFL is determined to keep fighting to enforce the law and uncover the truth. 

Read the complaint here.

Photo credit: ARMMYPICCA/Adobe Stock Images

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