01 November 2008

KingCast presents Kidd v. Department of Justice, 362 F.Supp.2d 291 D.D.C. (2005); rests his case against email hider and State Rep. Martha McLeod.

PS up front: Senator Robert Letourneau even disagrees with Miss Martha, as does Mr. X, a Fort Bragg Private I asked about this situation. This man is about to go fight and potentially die for this country and these freedoms.

Respondents surely acknowledge that electronic mails (emails) are documents just like any other communication, per HB 1408 (read below) and they admit that FOIA governs this matter (see Respondents' Motion to Dismiss at pp 8-9). Therefore, Respondents' arguments that individual Representatives are not subject to FOIA is incorrect and Petitioner is entitled to the requested emails with appropriate redaction under Kidd v. Department of Justice 362 F.Supp.2d 291 D.D.C.,2005.

[13] Headnote Citing References The second and third documents for which Kidd seeks to compel full disclosure are two constituent letters written by third parties to then-Senator Strom Thurmond and Congresswoman Ellen Tauscher regarding the “We the People Foundation.” Def.'s Mot. at 18. The agency released both letters to Kidd, redacting only the names and home addresses of the letter writers. Id. DOJ argues that it withheld the names and addresses of the constituents because “[w]hen communicating with their Senator or Congressperson, these individuals did not expect that their names or home addresses would be subject to public scrutiny.” Id. at 19. Providing personal identifying information commonly found in constituent letters does not advance the purposes of FOIA and, as such, may be withheld from FOIA requests.

We're done here. Game over Martha, insert coin.

91-A:1-a Definitions. In this chapter:

III. “Governmental records” means any information created, accepted, or obtained by, or on behalf of, any public body, or a quorum or majority thereof, or any public agency in furtherance of its official function. Without limiting the foregoing, the term “governmental records” includes any written communication or other information, whether in paper, electronic, or other physical form, received by a quorum or majority of a public body in furtherance of its official function, whether at a meeting or outside a meeting of the body. The term “governmental records” shall also include the term “public records.”

.....Respondents attempted to pull the wool over the Court's eyes by focusing on the "quorum" and "agency" but the cold hard truth is that the legislature had better be a "public body" or the future of this Democracy (or Republic, however you view it) is severely imperiled. Has privatization gone that far? Thus, the emails "accepted, or obtained by, or on behalf" of a State Representative are part of the public body and Respondents ought be sanctioned for arguing otherwise.

Respectfully submitted, The KingCaster.

10 comments:

Anonymous said...

Don't stop until she's trampled! Folks, ya gotta know, this woman doesn't care about you. DOES NOT CARE. There is a conflict of interest here because her husband is on the selectboard of a financially culpable corporation. Extreme injustice is unfolding and if Martha is elected to the Senate, the state of NH will be all the more liable for HER failures. Everyone knows what we're talking about, the question is how much longer can she deny what Bruce did to Franconia, Littleton and Haverill? Surely mrs. McLeod can stand up for the victims of police brutality................ I'm not holding my breath.

Anonymous said...

in all due respect to the lady, I redirect this culpability to her husband

Anonymous said...

Jah Jah city!

Anonymous said...

Ms. Martha's emails couldn't possibly be as sensitive as the White House memos that were just ordered to be produced by U.S. District Judge Henry Kennedy Jr.
Moreover, an in camera review would take care of any truly private info that needed redaction.

Christopher King said...

10:43

I dunno, given the nefarious nature of some -- and I repeat some -- NH "lawmakers" you could be wrong.

What's even more telling is the notion that I'm doing something wrong by asking for these emails, when it is clear that the law and public policy is on my side -- the side of the people's Right-to-Know.

Wait 'till you see Davey Kenney's Affidavit about the exchange between Miss Martha and the two of us, yah.

KingCast: We love the First Amendment, and we love responsible politicians. Those of you helping keep it coming.

And to K and S I'm on the road and will find you soon.

-The KingCaster.

****

Judge orders White House to produce wiretap memos
By JOAN LOWY – 5 hours ago

WASHINGTON (AP) — A judge has ordered the Justice Department to produce White House memos that provide the legal basis for the Bush administration's post-Sept. 11 warrantless wiretapping program.

U.S. District Judge Henry Kennedy Jr. signed an order Friday requiring the department to produce the memos by the White House legal counsel's office by Nov. 17. He said he will review the memos in private to determine if any information can be released publicly without violating attorney-client privilege or jeopardizing national security.

Kennedy issued his order in response to lawsuits by civil liberties groups in 2005 after news reports disclosed the wiretapping.

The department had argued that the memos were protected attorney-client communications and contain classified information.

But Kennedy said that the attorney-client argument was "too vague" and that he would have to look at the documents himself to determine if that argument is valid and also to see if there is information that can be released without endangering national security.

Justice Department spokesman Dean Boyd said Saturday the department is reviewing the opinion and will "respond appropriately in court."

Shortly after the Sept. 11 attacks, Bush authorized the National Security Agency to spy on calls between people in the U.S. and suspected terrorists abroad without obtaining court warrants. The administration said it needed to act more quickly than the court could and that the president had inherent authority under the Constitution to order warrantless domestic spying.

After the program was challenged in court, Bush last year put it under the supervision of the Foreign Intelligence Surveillance Court, established in 1978 after the domestic spying scandals of the 1970s.

"We think just as a common sense matter the legal theories for the president's wiretap programs cannot be classified and should be available to the public," said Marc Rotenberg, president of the Electronic Privacy Information Center, one of the groups seeking the memos.

"It's an important decision because up to this point the judge has relied on the government's assertion that it has done everything properly under the law and that it has disclosed everything it needs to disclose," Rotenberg said Saturday.

Christopher King said...

PS: Senator Robert Letourneau even disagrees with Miss Martha, as does Mr. X, a Fort Bragg Private I asked about this situation. This man is about to go fight and potentially die for this country and these freedoms.

Anonymous said...

4:56

Hear ye! At last someone who agrees with that all-important assertion that the McLeods are a force that could actually be construed as evil! It is amateurish politics and naïveté gone amuck! And to their discredit, they probably are not even original in their sophomorism... it comes from the Governor's office and the Dept of Resources and Economic Development as well.

Just for yucks and giggles, have a conversation with either McLeod sometime… it’s like talking to a couple out of Hee-Haw!

Martha getting elected to State Senator… I’ll move to St. Martin and run naked! The State of NH has indeed lost its mind…

And I'm not holding my breath, either...

Christopher King said...

4:34

As Davey Kenney's Affidavit will note, I gave some information to Governer Lynch at Cannon Mountain and respectfully asked him to come out to talk with the community about 5/11.

He in turn gave me a botox smile, turned and handed it to Rich McLeod.

Nice.

-The KingCaster

Anonymous said...

Just like Rich, the ever obedient gopher-boy. This is going to be a sad four years for New Hampshire.

Sometimes, though the absurd is necessary to reveal the norm. Have hope!

Christopher King said...

5:26

Go-fer boy, bag man...

Here's some Lil' Wayne for the occasion.

Duffle Bag Boy.

"now go and get cha money little duffle bag boy....

say go and get cha money little duffle bag boy...."