Holder fighting off FOIA request for Fast & Furious documents by refusing to respond to it

After Attorney General Eric Holder was found in both criminal and civil contempt of Congress for not releasing documents required by a lawfully issued subpoena by Congress, the U.S. Attorney responsible for prosecuting his boss on criminal grounds predictably decided not to do so for obvious reasons. That left the civil contempt charge, which served as the impetus for a lawsuit filed by the House Oversight Committee against Holder that is still pending.

These subpoenaed documents are the same ones over which Barack Obama asserted Executive Privilege to prevent from being released.

Concurrent with the civil lawsuit is an effort by a very effective Watchdog group to have the same documents released through a Freedom of Information Act (FOIA) request and it's causing Holder to react on a second front.

Via Judicial Watch:

Judicial Watch announced today that it filed a brief on January 15, 2013, in response to an Obama Department of Justice (DOJ) motion to indefinitely delay consideration of Judicial Watch’s Freedom of Information Act (FOIA) lawsuit seeking access to Operation Fast and Furious records withheld from Congress by President Obama under executive privilege on June 20, 2012 (Judicial Watch, Inc. v. U.S. Department of Justice (No. 1:12-cv-01510)).

Rather than respond substantively to Judicial Watch’s FOIA lawsuit, the DOJ argued in court that the lawsuit should be subject to a stay of proceedings because it is “ancillary” to a separate lawsuit filed by the House Oversight and Government Reform Committee against the DOJ. The Court “should let the process of negotiation and accommodation [between the House Committee and the DOJ] run its course, and then decide with the input of the parties whether and how this action may appropriately proceed at that time,” the DOJ argued, effectively abrogating the FOIA. The Obama DOJ even suggested that the Judicial Watch litigation might encourage the Congress to fight harder to get the same documents in separate litigation.

To Judicial Watch's argument, consider an exchange between Issa - in his role as a member of the House Judiciary Committee and Holder on December 8, 2011. In the exchange (audio only), Issa was pressing Holder to admit that if the documents relative to Fast & Furious after March of 2011 are not released, the Attorney General will be found in contempt.

There are two very key points (the second is particularly important) expressed by Issa relative to these documents.

1. Issa explains that Holder must cite a Constitutional exemption for refusing to produce the documents.
2. Even if Holder magically cites an exemption, he is still required to produce a log of the documents.

To this point, Holder has done neither, which leaves Obama's assertion of Executive Privilege the lone justification for the American people not knowing the truth about Fast and Furious.

Of all the exchanges between Issa and Holder, this one may just be the best.

h/t Breitbart

Documents: FBI knew mentor for Fort Hood jihadist purchased tickets for 9/11 hijackers

Thanks to State Department documents obtained by Judicial Watch, it has been learned that the FBI was quite likely aware - as early as September 27, 2001 - that Anwar Al Aulaqi - the man who inspired Fort Hood jihadist Nidal Malik Hasan - had purchased plane tickets for at least three of the 9/11 hijackers before the attack.

Via JW:

According to a September 27, 2001, FBI transcription, obtained through the Freedom of Information Act (FOIA) lawsuit (Judicial Watch v. U.S. Department of State and Federal Bureau of Investigations (No. 1:12-cv-00893)), al-Aulaqi purchased airline tickets for the following 9/11 hijackers:

Mohammed Atta, America West Airlines, 08/13/2001, for a flight from Washington, DC, to Las Vegas, Nevada, to Miami, Florida. 

S. Suqami, Southwest Airlines, 07/10/2001, for a flight from Ft. Lauderdale, Florida, to Orlando, Florida. 

Al-Sheri, National Airlines, 08/01/2001, for a flight from San Francisco, California, to Las Vegas, Nevada, to Miami, Florida. 

The documents also include material showing that al-Aulaqi was uncooperative with FBI agents investigating the 9/11 attacks and was seemingly a central focus of the FBI investigation and monitoring related to 9/11.

That last part, about al-Aulaqi being uncooperative would seem to suggest that the Feds may have decided to rely more on the carrot than the stick when dealing with him. The thinking also could have been that by giving him such access could bring others out of the shadows.

For example, in February of 2002, al-Aulaqi gave a speech on moderate Islam at a Department of Defense luncheon and was given red carpet treatment. Nihad Awad, Executive Director of the Council on American-Islamic Relations (CAIR) was also invited. These newly released (and heavily redacted) documents, acquired by Judicial Watch, provide yet another in an increasing number of examples that the U.S. Government in general and the FBI in particular, knew a lot more about al-Aulaqi than they've been willing to admit.

Later that year, al-Aulaqi was detained at JFK airport and then released, despite there being an outstanding warrant for his arrest.

Whatever the reasons were behind the actions / inaction of the Feds, it's quite possible that the disastrous consequences for the 14 who were murdered and the 32 who were injured at Fort Hood on December 5, 2009 could have been prevented.

More than three years later, justice has not been served and a judge who ruled that Hasan's beard had to be shaved, was replaced by another judge who ruled the jihadist could keep it.

In testimony before a congressional committee early last year, FBI Director Robert Mueller, who was appointed to his position one week prior to the 9/11 attacks, said he was "painfully aware" of what took place prior to the Fort Hood attack with regard to warning signs.

What's more disturbing is the refusal of those in positions like Mueller to admit the truth about the attack and the politically correct culture that helped to facilitate it.

Until that happens, we've learned nothing.