Strunk Response 1

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statement provided and accordingly reserves the right to amend and extend Plaintiff’s response at the appropriate time or before trial is had. 12. That as a matter of denial of equal treatment, substantive due process and spoliation Defendants injures Plaintiff in the handling of the October 2008 and November 22, 2008 FOIA requests through the present, and in that regard the Associated Press (AP) reported on July 21, 2010 by Ted Bridis reported in the Article “AP IMPACT: A political filter for info requests” reported (see Exhibit 2) : “WASHINGTON – For at least a year, the Homeland Security Department detoured hundreds of requests for federal records to senior political advisers for highly unusual scrutiny, probing for information about the requesters and delaying disclosures deemed too politically sensitive, according to nearly 1,000 pages of internal e- mails obtained by The Associated Press. … The foot-dragging reached a point that officials worried the department would get sued, one email shows. "We need to make sure that we flip these ASAP so we can eliminate any lag in getting the responses to the requesters," the agency's director of disclosure, Catherine Papoi, wrote to two of Secretary Janet Napolitano's staffers. "Under the statute, the requester now has the right to allege constructive denial and take us to court. Please advise soonest." Under the directive, career employees were ordered to provide Napolitano's political staff with information about people who asked for records, such as where they lived and whether they were reporters, and details about their organizations. <strong>Strunk</strong> Declaration Page 8 of 29
If a member of Congress sought such documents, employees were told to specify Democrat or Republican. A department spokesman, Sean Smith, said the mandatory reviews by political appointees never blocked records that otherwise would have been released. E-mails obtained by AP do not show political appointees stopping records from coming out. Instead they point to acute political sensitivities that slowed the process, a probing curiosity about the people and organizations making the requests for records and considerable confusion. The directive laid out an expansive view of what required political vetting. Anything that related to an Obama policy priority was pegged for this review. So was anything that touched on a "controversial or sensitive subject," that could attract media attention or that dealt with meetings involving business and elected leaders…” 13. It is alleged that beginning before the 2008 General Election the Defendant in conjunction with other agents in the Executive branch involving both private citizens and entities along with John O. Brennan, Barack Hussein Obama, Soebarkah “Barry” Soetoro, Michelle Obama, Eric Holder, and not limited to Hillary Clinton, Leon Panetta, Robert Mueller, Janet Napolitano and to others as yet named. 14. That as shown in the docket record of this proceeding on January 23, 2009 Plaintiff replied in protest by email to Defendants’ Counsel’s request for an extension of time to respond, and that Plaintiff referenced the January 12, 2009 Newsmax.com Article (see Exhibit 3) by Ken <strong>Strunk</strong> Declaration Page 9 of 29
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Strunk Response 1

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