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  • CREW v. DOJ: Regarding Documents in Closed Investigation of Rep. Don Young - 9/6/2011 - Document 11 1

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    CREW
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    On September 6, 2011, CREW filed an opposition and cross-motion for partial summary judgment in our lawsuit against the Department of Justice seeking documents under the FOIA related to DOJ’s investigation of Rep. Don Young (R-AK) concerning allegations of bribery and other illegal conduct, CREW v. Dep’t of Justice, Civil No. 11-0754 (D.D.C). DOJ has refused to search for and release any single document, claiming all of its investigative files in this matter are categorically exempt from disclosure because of Rep. Young’s privacy interests. In its opposition, CREW argued that much already is in the public domain about Rep. Young’s conduct, particularly as pertains to earmarks he made for certain improvements to Florida’s Interstate 75 (the Coconut Road earmark). Indeed, Congress took the unprecedented step of directing DOJ in legislation to conduct an investigation into this matter. Further, in August 2010, Rep. Young’s office issued a press release stating DOJ had advised Rep. Young it had concluded its investigation and declined to prosecute the Congressman. Given these events Rep. Young’s privacy interests clearly are outweighed by the substantial public interest in learning whether and how DOJ fulfilled its explicit statutory mandate to conduct an investigation and make a determination about Rep. Young’s conduct.

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    CREW v. DOJ: Regarding Documents in Closed Investigation of Rep. Don Young - 9/6/2011- Document 11 1

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    On September 6, 2011, CREW filed an opposition and cross-motion for partial summary judgment in our lawsuit against the Department of Justice seeking documents under the FOIA related to DOJ’s investigation of Rep. Don Young (R-AK) concerning allegations of bribery and other illegal conduct, CREW v. Dep’t of Justice, Civil No. 11-0754 (D.D.C). DOJ has refused to search for and release any single document, claiming all of its investigative files in this matter are categorically exempt from disclosure because of Rep. Young’s privacy interests. In its opposition, CREW argued that much already is in the public domain about Rep. Young’s conduct, particularly as pertains to earmarks he made for certain improvements to Florida’s Interstate 75 (the Coconut Road earmark). Indeed, Congress took the unprecedented step of directing DOJ in legislation to conduct an investigation into this matter. Further, in August 2010, Rep. Young’s office issued a press release stating DOJ had advised Rep. Young it had concluded its investigation and declined to prosecute the Congressman. Given these events Rep. Young’s privacy interests clearly are outweighed by the substantial public interest in learning whether and how DOJ fulfilled its explicit statutory mandate to conduct an investigation and make a determination about Rep. Young’s conduct.

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    31 visualizações3 páginas

    CREW v. DOJ: Regarding Documents in Closed Investigation of Rep. Don Young - 9/6/2011 - Document 11 1

    Enviado por

    CREW
    On September 6, 2011, CREW filed an opposition and cross-motion for partial summary judgment in our lawsuit against the Department of Justice seeking documents under the FOIA related to DOJ’s investigation of Rep. Don Young (R-AK) concerning allegations of bribery and other illegal conduct, CREW v. Dep’t of Justice, Civil No. 11-0754 (D.D.C). DOJ has refused to search for and release any single document, claiming all of its investigative files in this matter are categorically exempt from disclosure because of Rep. Young’s privacy interests. In its opposition, CREW argued that much already is in the public domain about Rep. Young’s conduct, particularly as pertains to earmarks he made for certain improvements to Florida’s Interstate 75 (the Coconut Road earmark). Indeed, Congress took the unprecedented step of directing DOJ in legislation to conduct an investigation into this matter. Further, in August 2010, Rep. Young’s office issued a press release stating DOJ had advised Rep. Young it had concluded its investigation and declined to prosecute the Congressman. Given these events Rep. Young’s privacy interests clearly are outweighed by the substantial public interest in learning whether and how DOJ fulfilled its explicit statutory mandate to conduct an investigation and make a determination about Rep. Young’s conduct.

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    Public Domain
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    Sinalizar o conteúdo como inadequado
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    Case 1:11-cv-00754-GK Document 11-1

    Filed 09/06/11 Page 1 of 3

    IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, Plaintiff, v. U.S. DEPARTMENT OF JUSTICE, Defendant. ) ) ) ) ) ) ) ) ) ) )

    Civ. No. 11-0754 (GK)

    PLAINTIFFS STATEMENT OF MATERIAL FACTS NOT IN DISPUTE AND RESPONSE TO DEFENDANTS STATEMENT OF FACTS NOT IN DISPUTE Pursuant to Local Civil Rule 7(h) of the Rules of the United States District Court for the District of Columbia, plaintiff Citizens for Responsibility and Ethics in Washington (CREW) hereby submits the following statement of material facts as to which CREW contends there is no genuine issue in connection with its cross-motion for partial summary judgment, and CREWs response to defendants statement of material facts. 1. CREW agrees that the matters set forth in 1-19 of defendants statement of material facts are not in dispute. 2. News media reports in 2007 raised serious ethics questions concerning the role played by Rep. Don Young in what became known as the Coconut Road earmark. David D. Kirkpatrick, Alaskan Gets Campaign Cash; Florida Road Gets U.S. Funds, New York Times, June 7, 2007 (filed herewith as Exhibit A); Julio Ochoa, Report Shows Someone Edited Federal Transportation Bill, Naples Daily News, August 9, 2007 (filed herewith as Exhibit B). According to the reports, in February 2005, while serving as chairman of the House Transport-

    Case 1:11-cv-00754-GK Document 11-1

    Filed 09/06/11 Page 2 of 3

    ation Committee, Rep. Young traveled to Floridas Gulf Coast to discuss transportation projects, including a $10 million Interstate 75 expansion that would have connected the freeway to Coconut Road. During his visit, Rep. Young attended a fundraiser in his honor, organized by land developer Daniel Aronoff. Mr. Aronoff, who owned more than 4,000 acres of land along Coconut Road and stood to gain financially from the project, helped Rep. Young raise $40,000 from Florida developers and builders. Exhibit A. 3. In a fiscal year 2006 transportation bill authored by Rep. Young, $10 million was earmarked for certain improvements to Floridas I-75. After the House and Senate approved the bill but before the president signed it into law, the original language was deleted and the phrase Coconut Rd. interchanges and I-75/Lee County was inserted. Exhibit B. 4. In response to the controversy, Congress in 2008 directed the Department of Justice to conduct an investigation into the Coconut Road earmark allegations. The Coconut Road earmark investigation provision was enacted as section 502 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) Technical Corrections Act of 2008, P.L. 110-244 (June 6, 2008). 5. When the Coconut Road investigation provision was considered in the House, Rep. Young addressed the accusations against him and presented a lengthy defense of his actions. 154 Cong. Rec. at H2882-H2883 (April 30, 2008) (remarks of Rep. Young). 6. On August 4, 2010, the congressional office of Rep. Young issued the following press release: A Statement From The Office Of Congressman Young Congressman Youngs legal team has been notified that after full cooperation from the Congressman, the Public Integrity Section of the Department of Justice has concluded their investigation and declined prosecution of Congressman Young.

    Case 1:11-cv-00754-GK Document 11-1

    Filed 09/06/11 Page 3 of 3

    Exhibit F (filed herewith).

    Respectfully submitted, /s/ David L. Sobel DAVID L. SOBEL, D.C. Bar No. 360418 1818 N Street, N.W. Suite 410 Washington, DC 20036 (202) 246-6180 ANNE L. WEISMANN, D.C. Bar No. 298190 MELANIE SLOAN, D.C. Bar No. 434584 Citizens for Responsibility and Ethics in Washington 1400 Eye Street, N.W., Suite 450 Washington, D.C. 20005 (202) 408-5565 Counsel for Plaintiff

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