Federal Judge Troubled with Obama Governance by ‘Secret Law’


In a case brought by the Center for Effective Government, Clinton appointee, Federal Judge Ellen Huvelle, found that an unclassified government foreign aid directive must be released via FOIA request, Politico reported.

The DOJ argued that the directive was guaranteed by presidential privilege. The judge called the scope of the government’s argument for “presidential communications privilege” rather “troubling.”


Barack Obama urging people to keep what he says secret

In her opinion, Huvelle wrote there is “no evidence that the [directive] was intended to be, or has been treated as, a confidential presidential communication.

Huvelle also lectured the federal government on its “cavalier attitude” when it comes to public oversight and transparency.

“The government appears to adopt the cavalier attitude that the President should be permitted to convey orders throughout the Executive Branch without public oversight…to engage in what is in effect governance by ‘secret law,’” she wrote.

In the Judge’s decision, she referred to a previous case and wrote: There is a need for the public to know and to make unclassified documents ‘available for public inspection and copying.’ To hold otherwise surely ‘would have far-reaching implications for the entire executive branch that would seriously impede the operations and scope of FOIA. There would be no effective limitation on a President’s ability to engage in ‘secret law’ and, at least for presidential directives, FOIA would become ‘more a withholding statue that a disclosure statute.’

The White House website refers to the document in question  – the Presidential Policy Directive on Global Development – as the “first of its kind by a U.S. administration.”

It might prove interesting to know what’s in it. If it is the ‘first of its kind’, why aren’t the citizens allowed to see it?

Read Judge Huvelle’s decision on this link. At this point, it is unknown why the president wanted the documents kept secret. He has a tendency to keep everything secret. He demanded a simple Obamacare navigator’s manual be kept secret, punishable by fine and/or imprisonment.

This week, Mr. Obama was hit by another judge, a Bush appointee, issuing a stay on the Obama administration’s mass collection of metadata records as it is likely unconstitutional, according to the Guardian report of the ruling.

Judge Richard Leon declared that the mass collection of metadata probably violates the fourth amendment, which prohibits unreasonable searches and seizures, and was ‘almost Orwellian’ in its scope.

Last week the NY Times published a story in its opinion pages stating, ’38 news organizations delivered a letter to the White House last month protesting photojournalists’ diminished access to the White House and the president.’  The NY Times called it ‘Obama’s Orwellian image control’.

Everything coming out of the Obama administration is planned, political, and staged, yet they have no problem spying on everyone in the world and keeping everything they are doing secret as they legislate from the White House and circumvent Congress at every turn.

Weren’t we promised the ‘most transparent administration’ ever?