Another Obama Administration Cover-up?

There’s something fishy going on over there at the Department of Homeland Security (DHS). And Judicial Watch is trying to get to the bottom of it.



On April 14, Judicial Watch filed a Freedom of Information Act (FOIA) lawsuit against DHS to obtain records detailing its investigation of Carlos Martinelly-Montano. This is the illegal alien who is charged with striking and killing a Virginia Benedictine nun in a drunk driving accident on August 1, 2010.

Judicial Watch obtained an internal DHS report on the Martinelly-Montano investigation in response to a previous lawsuit. But now we want to get our hands on all communications between the DHS and the Obama White House, as well as internal DHS records regarding the investigation and the report.

Specifically, here’s what we’ve asked for pursuant to a February 16, 2011, FOIA request:

  • Any and all records of communications, contacts, or correspondence with the White House and/or Executive Office of the President concerning a report/memorandum prepared at the direction of the United States Secretary of Homeland Security, Janet Napolitano, related to Carlos Martinelly-Montano, an unlawfully present alien charged with killing a Benedictine nun and injuring two others in a August 2010 drunk driving incident in Prince William County, Virginia for the period of October 1, 2010 through February 15, 2011.

  • Any and all records of communications, contacts, or correspondence within the Department of Homeland Security concerning a report/memorandum prepared at the direction of the Unite States Secretary for Homeland Security, Janet Napolitano, related to Carlos Martinelly-Montano for the period of October 1, 2010 through February 15, 2011.


In a letter dated February 24, 2011, DHS indicated that it received Judicial Watch’s request on February 17, 2011. DHS was required to respond by March 17, 2011. However, to date, DHS has failed to produce responsive documents or indicate when a response is forthcoming. In other words, the typical Obama stonewall.



And why are we exploring contacts between the Obama White House and DHS over this report? Because of the suspicious manner in which DHS handled the report release. Let’s backtrack and I’ll show you what I mean.

On March 3, 2011, we obtained an edited “final” DHS report detailing the agency’s investigation of Martinelly-Montano. The DHS had promised a federal court that it would release the report earlier in the year. And, in fact, Judicial Watch received word via email from DHS that the document had been cleared and would be released per a court order.

But that’s when DHS pulled an “about face,” claiming the document was in “draft” form and therefore would not be released. (Reporting by The Associated Press suggests that DHS political appointees have improperly delayed FOIA requests on politically sensitive topics.) And then when we did get the “final” report last month, it was curiously dated November 24, 2010.

The report, which supposedly was produced for DHS Secretary Janet Napolitano, details the policies and actions of the Obama administration and local governments that allowed Martinelly-Montano, an illegal alien who committed a series of crimes, to remain on the streets despite being subject to deportation. Even in its edited form, the report confirms that the Obama administration decided not to detain the illegal alien after he served his jail sentence for drunk driving, and released him onto the streets.

But the suspicious manner in which DHS handled the release of this report definitely merits further investigation. There is no question the “final” report released to the public was edited and polished by DHS. This all smacks of a cover-up.

Of course, we know why the Obama administration has been playing the stonewall game. The facts show Obama’s lax approach to illegal immigration enforcement most certainly will lead to the deaths of innocents at the hands of illegal aliens. Illegal alien sanctuary policies led to the release of Martinelly-Montano and likely therefore the death of Sister Denise Mosier. That is something the Obama administration would rather you not know. But we also want to know who was involved in keeping the report from being released. That’s the reason for this lawsuit.

By way of review, Carlos Martinelly-Montano, who entered the country illegally as a child from Bolivia, allegedly killed Sister Denise Mosier and critically injured two other nuns while driving drunk in Prince William County, Virginia. He has been charged with involuntary manslaughter and drunk driving, but he never should have been on the road in the first place. Martinelly-Montano had previously been arrested in October 2008 for another drunk driving incident, and was placed in the custody of U.S. Immigration and Customs Enforcement (ICE). Though he was scheduled for deportation, his hearing was delayed three times, and deportation never occurred. And now an innocent nun is dead.

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