Witch Hunt Winding to a Close?

August 2, 2011

CNMI vendettas are common.  Fitial sued the federal government to protest U.S. P.L. 110-229 after protesting federalization for decades. Attorney General Buckingham sued the Public Auditor after a report on his illegal election activities is released. And a governor-endorsed witch hunt by attorneys Siemer and Kim against the DOI and ombudsman Pam Brown was initiated last September.

CNMI vendettas are also costly ––costly hours that government employees devote to the lawsuits, in attorneys' fees, and in the reputation of the Commonwealth.

It looks like Siemer and Kim may have to put their brooms back in the closet, as this witch hunt appears likely to be called off soon by the court. Yesterday the U.S. Department of the Interior filed a Defendant's Reply in Support of Motion for Summary Judgment.  As I noted in previous posts, from an observer's point of view it appears that filing a Freedom of Information Act request lawsuit for documents that the parties know do not exist is futile and a waste of money.

The motion states:
Plaintiff's arguments against summary judgment address matters that go beyond the scope of the FOIA request at issue, as well as matters that go beyond the scope of the FOIA statute in general...Defendant has satisfied its obligation under FOIA, which is to release segregable, nonexempt responsive records existing at the time of the FOIA request based on a reasonable search for responsive records within the "four corners" of the request, Plaintiff's attempt to expand this action beyond FOIA, and the subject FOIA request, should be rejected and summary judgment should be granted in favor of the Defendant.
The brief also states that FOIA is not a document retention statute, and that FOIA is not intended to be a mechanism for private litigants to persue their own personal agenda. Read the brief:

3 comments:

Anonymous said...

Ironic that the same government that refuses to release OGA request information goes crazy over getting some information that doesn't exist. You're correct in saying this is a just witch hunt and long standing vendetta. What a waste.

Green Cards for All! said...

"If you don't like [Siemer's] positions, say so. But to slot her in the typical witch, bitch, nut, or slut memes hurts all women!"

[Fair use quote taken from a newsweek.com comment about their cover photo of Michele Bachman.]

Wendy Doromal said...

Green Cards:

It hurts no one unless people can't read. It is a witch hunt and Siemer is the head witch. Your quote is and untrue. If the hat fits...