The politicization of the Department of Justice is an ongoing threat to the rule of law.

News Roundup:
The Subversion of Justice
at the Justice Department
In this email:
* The Justice Department’s extraordinary decision to drop the case against Flynn
* Extensive Timeline of Family-Separation Policy
* The CDC Has Been Illegally Rejecting Valid FOIA Requests — We’re Suing
* New Lawsuit for Communications about Gainful Employment Rule

The recent twists and turns ([link removed]) of the Michael Flynn case have done little to hide the dangerous direction in which President Donald Trump and his administration are taking the Justice Department. From investigations into the president’s perceived enemies to interference in the criminal cases of Trump allies like Flynn and Roger Stone, the ongoing politicization of the department is a dangerous threat to the rule of law.
The Justice Department’s extraordinary decision to drop the case against Flynn, Trump’s former national security adviser who had pleaded guilty not once, but twice, to having lied to the FBI, stunned many and lacked any obvious precedent ([link removed]) . American Oversight’s Austin Evers and Melanie Sloan outline here ([link removed]) what made the dismissal so unusual — and provide a number of questions that need to be thoroughly investigated.

One of those questions is the involvement of Attorney General William Barr, who kicked off his tenure ([link removed]) by attempting to undermine the release of the Mueller report. The dismissal motion was signed by Timothy Shea, the interim U.S. attorney for the District of Columbia and a political appointee who had worked closely with Barr and had been involved in the reversal of sentencing recommendations for Stone. This week, the federal judge presiding over Flynn’s case said he will accept written arguments from outside parties and appointed a retired judge ([link removed]) to argue against the Justice Department’s motion for dismissal, a move that extends the duration of court proceedings and effectively slows down ([link removed]) the
department’s effort.

American Oversight sued the Justice Department ([link removed]) on Monday for Barr’s communications about the Flynn case, including with the White House or Flynn’s attorneys. And on Wednesday, we called on the Justice Department’s Office of Professional Responsibility ([link removed]) to investigate Shea for potential violations of D.C. bar rules and official department policy. As a lawyer representing the United States, Shea is required to zealously represent the interests of all Americans — not simply the interests of the president. We also filed new Freedom of Information Act requests ([link removed]) for more records regarding Flynn’s case, including senior officials’ communications and directives.

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Here’s what else we’ve been working on this week:
Extensive Timeline of Family-Separation Policy: This week, we published a timeline ([link removed]) of the Trump administration’s policy of separating children from their families at the border. The timeline — which begins in early 2017, more than a year before the announcement of “zero tolerance” — includes a number of documents that show that one of the administration’s harshest and most controversial policies was carried out ([link removed]) with a startling lack of coordination, even as officials spent months laying the groundwork for the policy.

[link removed]

The CDC Has Been Illegally Rejecting Valid FOIA Requests — We’re Suing: On Friday, we sued the Centers for Disease Control and Prevention ([link removed]) over its illegal practice of rejecting valid FOIA requests. American Oversight has submitted a number of requests to the CDC for coronavirus-related records of urgent importance, but the agency has engaged in a practice of improperly claiming that those and other reasonably described requests are “overly broad.” This is the fifth lawsuit in our ongoing investigation of the Trump administration’s pandemic response.

Boehler-Kushner Communications: Throughout the coronavirus pandemic, American health-care professionals, first responders, and other essential workers have struggled ([link removed]) to obtain urgently needed supplies — including ventilators, testing supplies, and personal protective equipment (PPE). Adam Boehler, CEO of the U.S. International Development Finance Corporation (DFC) and former college roommate of White House Senior Adviser Jared Kushner, has reportedly ([link removed];) been central in FEMA and other agencies’ response to supply shortages across the county. We asked DFC for Boehler’s communications ([link removed]) with Kushner and for communications regarding Covid-19 supplies.

Self-Managed Abortion Care: The coronavirus outbreak has further limited access to abortion services in different states across the country, with some state governments outright temporarily banning ([link removed]) abortions. In response, women’s reproductive health advocacy groups have argued for ([link removed]) allowing doctors to mail abortion pills ([link removed]) to patients. The Trump administration has waived regulations over telehealth during the outbreak, but this doesn’t appear to apply to abortion services. Meanwhile, the rate of self-managed abortions has surged ([link removed]) and many have chosen to order
([link removed]) abortion pills online from servicers in other countries. We asked HHS ([link removed]) for directives, analyses, and communications regarding self-managed abortion, and DHS ([link removed]) for records about imported abortion medication inspections.

Political Pressure on the Postal Service: Trump, who previously threatened to veto ([link removed]) the coronavirus relief bill if it contained much-needed funding for the U.S. Postal Service (USPS), has in recent days ramped up its attacks on the service. While the relief package ultimately included a loan to the USPS, the administration has since suggested that it may impose new terms ([link removed]) to alter how the agency functions, a move many see ([link removed]) as part of conservatives’ long-standing efforts ([link removed]) to privatize and dismantle the USPS. We asked multiple agencies ([link removed]) for records,
communications, and analyses regarding the relief loan, as well as White House directives ([link removed]) to the USPS regarding mail-in ballots.

De Blasio’s Coronavirus Response: Yesterday, New York City Comptroller Scott Stringer launched ([link removed]) an investigation into Mayor Bill de Blasio’s response to the city’s coronavirus outbreak. New York became the epicenter ([link removed]) of the pandemic in the United States, with hospitals and health-care workers straining under ([link removed]) staff and supply shortages. De Blasio has faced criticism ([link removed]) for waiting too long to shut down the city, even telling New Yorkers in March to visit their favorite bars one last time ([link removed]) before business
closures, and keeping public schools open ([link removed]) until March 15. We asked ([link removed]) the offices of the mayor and Gov. Andrew Cuomo, as well as the New York City Department of Health and Mental Hygiene, for records concerning the coronavirus, including email communications, text messages, and meeting notes.

Fighting the Coronavirus Outbreak in Prisons: This week, the Georgia Department of Corrections announced ([link removed]) that a twelfth prison inmate in the state died from the coronavirus. Incarcerated people living in close quarters with minimal or no protection are particularly vulnerable, and the Marshall Project has documented more than 20,000 cases ([link removed]) of coronavirus among prisoners as of early May. Meanwhile, prisons are profiting off of phone calls ([link removed]) made between inmates and family members. We filed records ([link removed]) requests with the Georgia Department of
Corrections for records regarding management of the coronavirus outbreak in prisons, including records about testing, fatalities, and risk assessments. We also asked ([link removed]) two Georgia counties for records showing phone charges in jail during the pandemic.

Absentee Voting in Wisconsin: In early April, the Supreme Court ruled ([link removed]) against extending the deadline for absentee voting in Wisconsin, a victory for Republican state lawmakers who critics say ([link removed]) are attempting to make voting difficult for Wisconsin’s city residents. We asked the Wisconsin Elections Commission ([link removed]) for communications with members of the state legislature and with specific voting-restrictionists.

Mardi Gras Follows CDC Guidelines, Spreads Coronavirus: The Centers for Disease Control and Prevention (CDC) issued a report ([link removed]) in April that Mardi Gras celebrations in New Orleans likely contributed to the spread ([link removed]) of coronavirus in Louisiana, though the report also conceded ([link removed]) that CDC guidelines did not advise canceling large events at the time of the celebration. New Orleans Mayor LaToya Cantrell said federal agencies did not warn her ([link removed]) about the public health risk, even though some agencies are involved in Mardi Gras planning every year. We filed requests
([link removed]) with the mayor’s office, the Louisiana governor’s office, and the Louisiana Department of Health for coronavirus-related records, including communications with the White House and the Department of Health and Human Services.

Ukraine and the Administration’s Energy Policy: In March 2019 at an energy conference in Texas, Lev Parnas ([link removed]) and Igor Fruman — associates of Trump’s personal attorney Rudy Giuliani — and energy magnate Harry Sargeant III met with Andrew Favorov, an executive of the state-owned Ukrainian oil and gas company Naftogaz. According to news reports ([link removed]) , the men proposed that Favorov become Naftogaz CEO as part of a plan to ship large amounts of liquified natural gas from the U.S. to Ukraine. In May of that year (the same month he attended the Ukrainian president’s inauguration), then-Energy Secretary Rick Perry authorized ([link removed]) natural gas exports from facilities owned by Tellurian Inc. and Sempra Energy. As part of our ongoing investigation
([link removed]) into the Trump administration’s contacts with Ukraine, we asked the Energy Department for top officials’ communications with Sempra ([link removed]) and Tellurian ([link removed]) .

Cabinet Members Campaign for Trump: In February, the Trump campaign dispatched several cabinet secretaries to campaign in Iowa ([link removed]) , raising questions about potential Hatch Act violations. Similar concerns developed during the 2018 midterm elections, when various department secretaries attended ([link removed]) official government events that doubled as part of the president’s campaign strategy. We filed FOIA requests ([link removed]) with multiple federal agencies for records of high-level agency officials participating in Trump campaign events, including records reflecting travel arrangements with the president’s reelection team this past February.

Emissions Regulation Rollbacks: Last month, the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) rolled back national regulations ([link removed]) governing greenhouse gas emissions and fuel efficiency standards for vehicles. Critics have raised concerns ([link removed]) that the new rules include substantial errors ([link removed]) , and that the changes will harm the environment and increase the number of premature deaths from air pollution. We asked the EPA and NHTSA for the calendars and communications of high-ranking officials involved in developing the new emissions standards, and for communications with the White
House about the rollbacks.

USDA Kansas City Relocation Lawsuit: American Oversight and the Union of Concerned Scientists filed a lawsuit ([link removed]) on Wednesday against the U.S. Department of Agriculture (USDA) for records regarding the agency’s office relocation to Kansas City, Mo., which resulted in many ([link removed]) employees departing from the agency ([link removed]) . The building in Kansas City selected for the relocation is co-owned by a business belonging to a prominent Republican donor, raising questions about the motives behind the move. You can read more about the lawsuit here
([link removed]) .

New Lawsuit for Communications about Gainful Employment Rule: Along with the organization Student Defense, we also sued ([link removed]) the Department of Education this week for records related to the gainful employment rule. The rule, which was repealed by Secretary Betsy DeVos in July 2019, sought to protect students of for-profit colleges from excessive debt. The lawsuit seeks the release of communications between Education officials and nongovernment parties about the decision to repeal.

Perdue’s Personal Email Use: We published USDA officials’ communications ([link removed]) with non-government email addresses, and found what appear to be scheduling messages concerning official government business sent from Secretary Sonny Perdue’s personal email address. The emails include an invitation to the conservative Maverick Political Action Committee’s 2017 conference from Morgan Ortagus, who at the time was a Fox News contributor and Maverick PAC co-chair and is now a State Department spokesperson.
To find out more about our work, you can follow us on Twitter at @WeAreOversight ([link removed]) and @ojocorrupcion ([link removed]) , or like us on Facebook ([link removed]) . If you are able, please consider supporting our work with a contribution here ([link removed]) .
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Thank you again for your support and for helping us hold the administration accountable.

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