CNMI's Request Struck Down in FOIA Request Lawsuit

July 22, 2011

Last week U.S. District Judge Reggie B.Walton of the District Court of the District of Columbia filed an order denying the CNMI's request to “to compel the production of all records with respect to a census of aliens conducted by the defendant, the United States Department of the Interior, in the Commonwealth of the Northern Mariana Islands in December of 2009.”

This was the latest order in the Freedom of Information Act lawsuit that was filed in September 2010 against the U.S. Department of the Interior.  The lawsuit is seen by many as a witch hunt against Ombudsman Pamela Brown since the documents that the officials knew that the documents sought in the case do not exist. The Fitial Administration has been at odds with the Ombudsman's Office since the governor took office.

The order shot down attorney Deanne Siemer and attorney Teresa Kim's attempt to force the Federal Ombudsman's Office to produce documents that both attorneys admitted did not exist. The forms used to create the spreadsheets for the census of nonresidents used for the DOI status report were destroyed after the information from them was inputted.  The DOI report was mandated by P.L. 110-229.

The judge noted that typically there is no discovery in FOIA requests and that a FOIA request can only pertain to documents that are in the possession of an agency at the time of the request. The attorneys were well aware that the documents that they requested do not exist.

As part of the vindictive lawsuit, the CNMI attempted to have the DOI sanctioned for the destruction of the records, which were merely intake document used to create the spreadsheets and reports. The judge stated that in cases where sanctions were considered, the destruction would have occurred after the FOIA request was filed. The order noted that in this case the destruction of documents took place  five months before the FOIA request was filed.

Another FOIA lawsuit that Siemer and Kim filed against the Social Security Administration in October 2010 was dismissed this month. The wicked witch's cry, "I'm melting!" may be adopted by Siemer and Kim as their lawsuits fall apart. Their stupid witch hunts are unappreciated by the federal taxpayers.

Image of I'm Melting Wiz Of Oz


Additional Posts On Witch Hunt:
New Filings in Witch Hunt,  June 4, 2011
CNMI Witch Hunts, May 19, 2011
US Response in Witch Hunt Lawsuit, May 7, 2011
CNMI Witch Hunt, May 4, 2011
Much Ado, April 20, 2011

Read Attorney Jane Mack's post, The Power Struggle Over Alien Labor, Day in Court, March 16, 2010

Some Unheard No More! Posts providing background on the CNMI Government's attacks on and conflicts with the DOI and Ombudsman Office:

2010 Labor Report: More Lies, February 9, 2011
Listen Up!, January 13, 2011
Transition to Federalization: The long and winding road, January 11, 2011
Unreal, November 23, 2011
Flawed "Exit Survey", September 1, 2010
Status For Foreign Contract Workers, July 9, 2010
Seriously? July 1, 2010
Provisions in PL 17-1 are Unconstitutional, June 27, 2010
More Jive, June 10, 2010
Post Rerun, June 7, 2010
Short Takes from the CNMI, June 5, 2010
USCIS Parole, June 3, 2010
Educational Campaign?, May 27, 2010
Indigenous People to Hold Rally, May 21, 2010
THE LIE, May 15, 2010
Public Hearing on Resolution 17-4, May 10, 2010
CNMI to Submit Own Report to Congress, May 5, 2010
Predictable Reaction to DOI Report, April 30, 2010
Report from Interior: Status Recommended for Long-term Foreign Workers, April 29, 2010
More Siemer Garbage, April 27, 2010
Status for Foreign Workers, April 26, 2010
Politics As Usual, CNMI Style, April 22, 2010
Letter to Deanne Siemer from Malou, March 27, 2010
CNMI vs US, March 25, 2010
The Ominous Omnibus Bill Now PL 17-1, March 22, 2010
More Whine, Rant, Spin, March 21, 2010
Forum at Kilili Beach, March 20, 2010
More on CNMI vs Feds Fight, March 18, 2010
More Undermining of Federal Authority, March 15, 2010
How Do you Get Something So Wrong? March 14, 2010
Statement From DOI Assistant Secretary Babauta, March 12, 2010
Federal Position Clarified by Federal Labor Ombudsman Pam Brown, March 10, 2010
More Labor Jive, March 9, 2010
Kaipat, and the Battle Continues, March 8, 2010
Assistant Secretary Babauta to Conduct Worker Forums, March 7, 2010
Ombudsman Meeting Draws Huge Crowd, March 4, 2010
Do Not Go to DOL, January 19, 2010
Umbrella Permit Confusion at DOL, January 17, 2010
CNMI Department of Labor Hell, January 15, 2010
Status for Foreign Workers, January 12, 2010
Notice from Federal Ombudsman, December 30, 2009
CNMI News Bites, December 29, 2009
Alien Registration Ends at Midnight, December 28, 2009
Alien Registration Almost Complete, December 27, 2009
Holiday Scrooges, December 23, 2009
Guest Worker News, December 18, 2009
Alien Registration Form Clarified, December 13, 2009
Alien Registration Form, December 12, 2009
Alien Registration Begins, December 10, 2009
More Schemes, December 1, 2009

Even Older...(look in search on this site for more anti-federal posts and Fitial Administration spin )
Federal Ombudsman Responds to Kaipat, January 20, 2008

CNMI Government's Withholding of Data and Statistics (The Ombudsman's Office would not have had to conduct a registration if the CNMI shared data.)
More on CNMI Statistics and Data August 4, 2009
DOL's 10th Interim Report: Hidden data and statistics, July 23, 2009
Questions About the CNMI Department of Labor June 24, 2009
Hidden Data, June 4, 2009


Anonymous said...

Seems these people have never won any of these suits against the Feds. (even the local court) If this Admin. spent half the time fighting for improvements for the people as they do with these trivial lawsuits, then the NMI would not be in the shape as it is.

Anonymous said...

You've stated before that Brown, a lawyer, represents all CWs living in the CNMI. As a lawyer she should file a lawsuit against the Federal Government to try and keep 16,000 workers from being deported.

Wendy Doromal said...

Anonymous 11:15 I am not sure that the DOI wants their agency to overstep what the U.S. Congress should be doing. I am not sure that they can file a lawsuit, but certainly the DOI and Obama Administration that claims to support a pathway to citizenship for 11 million ILLEGALS should and MUST take a firm stand. But considering their very weak statements of late -the support of the unjust "first step" jive and their support of H.R. 1466 which simply kicks the can down the road who knows? Both the Congress and the Administration will be forced to do the right thing if there is enough public outrage. We are working on that -expect fireworks within months and attention from national and international media.