From American Oversight <[email protected]>
Subject Investigations Update: West Virginia Lawmaker’s Involvement in Capitol Attack and Trump’s Attempts to Overturn Georgia Election Results
Date January 20, 2021 11:00 AM
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Investigations Update: West Virginia Lawmaker's Involvement in Capitol Attack and Trump's Attempts to Overturn Georgia Election Results
In this email:
* West Virginia Lawmaker Involved in Capitol Attack
* Trump’s Election-Overturning Attempts in Georgia
* Resumes and Ethics Documents of Burrowing Political Appointees

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The Power of Accountability During the Transition of Power

The peaceful transfer of power from one administration to a newly elected government is a centuries-long hallmark of American democracy. Even before the deadly January 6 mob attack on the U.S. Capitol, the unprecedented actions of President Trump, the White House, and political appointees in his administration destabilized that tradition.

American Oversight is using public records requests to shed light on ways federal and state officials abetted Trump’s efforts by promoting baseless claims of voter fraud to undermine the election’s legitimacy. Beyond the important issue of who was complicit in inciting the seditious and violent attack, questions remain about how the mob was able to so easily breach Capitol security and why it took so long to secure the building. American Oversight has filed FOIA requests with multiple agencies to learn more about how the federal government responded to the mob attack.

Finally, we launched a document preservation initiative to ensure the Trump administration complies with federal public record laws. We’ve previously obtained more than 800,000 pages of documents from the Trump administration through public records requests and lawsuits, and are prepared to litigate under the Freedom of Information Act and the Federal Records Act to ensure that outgoing Trump administration officials do not remove or destroy documents.

Join us by supporting our investigations to promote a lawful transition of power here ([link removed]) :
Donate to American Oversight ([link removed])

Here’s a look at the investigations our team has been pursuing through public records requests in the last week:

Assessments of Threat Posed by Militia Groups
Thousands of National Guard troops have arrived ([link removed]) in Washington, DC, in preparation for Wednesday’s presidential inauguration, which comes exactly two weeks after the Jan. 6 attack on the Capitol building. Many questions ([link removed]) still ([link removed]) remain ([link removed]) about the security protocols and processes in place ahead of the attack, and we’ve been investigating both federal and local responses to the violence. This past week, we filed records requests with the D.C. Metropolitan Police Department and the office of Mayor Muriel Bowser for
assessments ([link removed]) and communications ([link removed]) concerning ([link removed]) the threat posed by militia or extremist groups in advance of Congress’ Jan. 6 election certification.

West Virginia Lawmaker Involved in Capitol Attack
Among the individuals charged for unlawful behavior during the Jan. 6 attack is Derrick Evans ([link removed]) , a West Virginia lawmaker who has since resigned after it became known that he filmed himself ([link removed]) storming the building with other rioters. To learn more about Evans’ planning for and involvement in the attack, we filed a records request ([link removed]) to the West Virginia legislature for his communications containing related keywords.

Trump’s Election-Overturning Attempts in Georgia
Last week, the New York Times reported ([link removed]) that prosecutors in Fulton County, Ga., were considering opening a criminal investigation into President Donald Trump’s attempts to interfere in the 2020 election. News about a potential inquiry came a week after the Washington Post reported that Trump had called the state’s top elections investigator ([link removed]) in December, telling the official, who was conducting an investigation into potential irregularities, to “find the fraud.” The call, which could amount to obstruction of justice, took place about a week before Trump’s infamous call with Georgia Secretary of State Brad Raffensperger ([link removed]) on Jan. 2, in which
he pushed for Raffensperger to “find 11,780 votes.” That same week, according to the Wall Street Journal ([link removed]) , a senior Justice Department official phoned Byung J. Pak, the U.S. attorney for Northern Georgia who was shortly replaced, to say that Trump was “furious” there was no investigation into voter fraud. We filed requests with Raffensperger’s office for records related to Trump’s call with the investigator ([link removed]) , or any other similar calls ([link removed]) . We also asked the Justice Department for records related to the call with Pak
([link removed]) .

Florida Governor Communications with American Conservative Union
Last month, the American Conservative Union (ACU) announced ([link removed]) plans to hold the annual Conservative Political Action Conference (CPAC) in person ([link removed]) and mostly indoors ([link removed]) at a hotel in Orlando, Fla., in late February. Last year’s conference, held in March, was the site of an early pandemic scare, when an attendee tested positive ([link removed]) for the coronavirus after spending days at the convention. Florida was also for a time the new location for the 2020 Republican Convention, after officials in North Carolina, the original host, refused to budge on pandemic-related health restrictions. (Trump eventually scrapped
that plan for the potentially Hatch Act-violating ([link removed]) setting of the White House.) We sent a records request ([link removed]) to the office of Florida Gov. Ron DeSantis for communications with representatives of the ACU.

Opioid Settlement Records with Purdue Pharma and Sackler Family
In October, the Justice Department announced ([link removed]) that a settlement had been reached with Purdue Pharma and members of the Sackler family over civil and criminal investigations into their opioid distribution practices. Critics of the settlement, which is worth more than $8.3 billion, say that the agreement doesn’t account ([link removed]) for the hundreds of thousands of opioid-related deaths linked to Purdue Pharma and the Sacklers. We sent a FOIA request ([link removed]) to the Department of Justice for records regarding the agency’s settlement negotiations.

Secret Service Apprehension Data
This past summer, India Johnson and Yasmeen Winston, both Black women, took their children to visit the National Mall. Not long into the visit, they were confronted by Secret Service officers with guns drawn ([link removed]) and were temporarily separated from their children without a clear explanation as to why. Johnson and Winston have since demanded that the Secret Service investigate the incident and publicly release related records. We filed FOIA requests ([link removed]) to the U.S. Secret Service and the National Park Service for records that show arrests and detainments and include demographic data about those involved.

Secretary Bernhardt’s Assist for Massive Real-Estate Development
Interior Secretary David Bernhardt assumed his role in 2019 with an extensive list ([link removed]) of potential conflicts of interest stemming from his past career as an industry lobbyist. Late last year, court filings from the Justice Department reportedly showed that while deputy secretary ([link removed]) in August 2017, Bernhardt secretly met with the developer behind a planned 12,000-acre real-estate development near the San Pedro River in Arizona and was directly involved in the government’s decision to overturn a requirement for a thorough analysis of the development’s environmental and groundwater impact. We’re asking for
([link removed]) Bernhardt’s communications related to the Villages at Vigneto development, or records of his meeting with an official from El Dorado Holdings, the developer.

Resumes and Ethics Documents of Burrowing Political Appointees
As the country transitions to a new administration, concerns remain ([link removed]) about the practice of “burrowing,” when political appointees move into permanent career positions, effectively bypassing more competitive government hiring processes. As part of our ongoing investigation ([link removed]) into the potential burrowing in of political appointees, we filed FOIA requests ([link removed]) with multiple federal agencies for records (such as resumes and ethics documents) for agency political appointees converting to a permanent career position.
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]) .

Donate to American Oversight ([link removed])
Thank you again for following our latest news. We are grateful for your support and for helping us hold the administration accountable.

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