Judicial Watch performed a massive public service last week. We exposed how key Obama spying scandal documents, including the infamous Susan Rice unmasking records, were moved to the Obama Presidential Library.
The National Security Council (NSC) informed us by letter on May 23, 2017, that the materials regarding the unmasking by Obama National Security Adviser Susan Rice of “the identities of any U.S. citizens associated with the Trump presidential campaign or transition team” have been removed to the Obama Library.
The NSC will not fulfill our April 4 request for records regarding information relating to people “who were identified pursuant to intelligence collection activities.”
The agency also informed us that it would not turn over communications with any intelligence community member or agency concerning the alleged Russian involvement in the 2016 presidential election, the hacking of DNC computers, or the suspected communications between Russia and Trump campaign/transition officials. Specifically, the NSC told us:
Documents from the Obama administration have been transferred to the Barack Obama Presidential Library. You may send your request to the Obama Library. However, you should be aware that under the Presidential Records Act, Presidential records remain closed to the public for five years after an administration has left office.
Our April 4 Freedom of Information Act (FOIA) request sought:
1.) Any and all requests for information, analyses, summaries, assessments, transcripts, or similar records submitted to any Intelligence Community member agency or any official, employee, or representative thereof by former National Security Adviser Susan Rice regarding, concerning, or related to the following:
- Any actual or suspected effort by the Russian government or any individual acting on behalf of the Russian government to influence or otherwise interfere with the 2016 presidential election.
- The alleged hacking of computer systems utilized by the Democratic National Committee and/or the Clinton presidential campaign.
- Any actual or suspected communication between any member of the Trump presidential campaign or transition team and any official or employee of the Russian government or any individual acting on behalf of the Russian government.
- The identities of U.S. citizens associated with the Trump presidential campaign or transition team who were identified pursuant to intelligence collection activities.
2.) Any and all records or responses received by former National Security Adviser Susan Rice and/or any member, employee, staff member, or representative of the National Security Council in response to any request described in part 1 of this request.
3.) Any and all records of communication between any official, employee, or representative of the Department of any Intelligence Community member agency and former National Security Adviser Susan Rice and/or any member, employee, staff member, or representative of the National Security Council regarding, concerning, or related to any request described in Part 1 of this request.
The time frame for this request was January 1, 2016, to April 4, 2017.
While acknowledging in its FOIA request that “we are cognizant of the finding by the Court of Appeals … that [the NSC] “does not exercise sufficiently independent authority to be an ‘agency’ for purposes of the Freedom of Information Act,” we argued:
The records sought in this request pertain to actions by the former National Security Advisor that demonstrate a much higher degree of independent authority than was contemplated by the court; specifically, the issuance of directives to the Intelligence Community related to the handling of classified national security information…
The recent revelations of the role of Susan Rice in the unmasking the names of U.S. citizens identified in the course of intelligence collection activities and the potential that her actions contributed to the unauthorized disclosure of classified national security information are matters of great public interest.
Prosecutors, Congress, and the public will want to know when the National Security Council shipped off the records about potential intelligence abuses by Susan Rice and others in the Obama White House to the memory hole of the Obama Presidential Library. We are considering our legal options, but we hope that the Special Counsel and Congress also consider their options and get these records.
As noted, the records could be squirreled away from the public for at least five years, but there are ways they can be obtained almost immediately under law. The exceptions to Obama Library records restricted access are as follows: “Subject to any rights, defenses, or privileges which the United States or any agency or person may invoke, Presidential records shall be made available:
(A) pursuant to subpoena or other judicial process issued by a court of competent jurisdiction for the purposes of any civil or criminal investigation or proceeding;
(B) to an incumbent President if such records contain information that is needed for the conduct of current business of the incumbent President’s office and that is not otherwise available; and
(C) to either House of Congress, or, to the extent of matter within its jurisdiction, to any committee or subcommittee thereof if such records contain information that is needed for the conduct of its business and that is not otherwise available;
You can see that both President Trump and Congress can quickly get ahold of these records. As JW considers its legal options, they should both move quickly to preserve, protect, and disclose the Obama spying scandal documents to JW and the American people.