{"id":1495,"date":"2011-11-04T12:50:03","date_gmt":"2011-11-04T16:50:03","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=1495"},"modified":"2011-11-29T15:15:58","modified_gmt":"2011-11-29T20:15:58","slug":"jay-sekulow-doj-drops-plan-to-lie-to-the-public","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/11\/jay-sekulow-doj-drops-plan-to-lie-to-the-public.html","title":{"rendered":"Jay Sekulow: DOJ Drops Plan to Lie to the Public"},"content":{"rendered":"

\"\"<\/a>It was a bad idea from the start. The Department of Justice wanted to implement a rule that would make it okay to lie<\/a> about the existence of documents when responding to a request from the public involving the Freedom of Information Act (FOIA).<\/p>\n

That’s right. In an incredible breach of transparency, the DOJ thought it was appropriate to respond when receiving requests for sensitive documents to actually lie – to say that a document did not exist – even if it did.<\/p>\n

I’ve been speaking out about this dangerous rule for weeks now. In interviews with FOX’s Megyn Kelly, I pointed out that this tactic actually gives the DOJ a pass to avoid litigation. Here’s how. Of course, there are certain sensitive documents that cannot be revealed – involving national security and other issues. But the DOJ was proposing to lie about the mere existence of a document. This shuts down any legal avenue to pursue a FOIA request. If the government says a document does not exist, how can you go to court to make an argument to determine whether the document should be made public?<\/p>\n

There are other ways to handle this situation. The DOJ could simply say it is not commenting one way or the other on the existence of the documents that are exempt from the FOIA request – permitting legal challenges to occur. The government should not be in the business of lying.<\/p>\n

The proposed rule also raised this important question: how can you authorize the DOJ to take action that is knowingly false? By taking a document that does exist and acting like it does not is not only incorrect as a matter of policy, it’s wrong as a matter of law.<\/p>\n

You can watch my interview with Megyn Kelly here.<\/p>\nhttp:\/\/www.youtube.com\/watch?v=B6hUvl4qpz0&feature=player_embedded#!<\/a>\n

The good news is that the DOJ has come to its senses. After pressure from members of Congress and the media attention given to this flawed rule, the DOJ is dropping this rule.<\/a><\/p>\n

Assistant U.S. Attorney General Ron Weich issued a statement saying the Justice Department is seeking to protect law enforcement and national security interests – and to do so “in the most transparent manner possible.\u201d Weich wrote: “We believe that … the proposed (regulation) falls short by those measures, and we will not include that provision when the department issues final regulations.” <\/a><\/p>\n

Not only was there growing criticism from Congress and the public, but at least one court expressed concern about this troubling rule.<\/p>\n

In a case where it became apparent that documents denied by the FBI actually existed, a federal judge in California expressed concern over Justice Department policy.<\/a> “The government, cannot, under any circumstance, affirmatively mislead the court. \u2026 The court simply cannot perform its constitutional function if the government does not tell the truth,” the judge ruled.<\/p>\n

The DOJ’s decision to drop the faulty rule is an important victory for the American people and protects the transparency of government that FOIA was designed to address nearly 50 years ago.<\/p>\n

Jay Sekulow<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

It was a bad idea from the start. The Department of Justice wanted to implement a rule that would make it okay to lie about the existence of documents when responding to a request from the public involving the Freedom of Information Act (FOIA). That’s right. 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He is also Chief Counsel of the European Centre for Law and Justice (ECLJ). Jay Sekulow is one of the leading defenders of constitutional rights and religious liberties in the United States. Over the past 25 years, Jay Sekulow has amassed an unparalleled record of accomplishment, arguing before the U.S. Supreme Court on 12 occasions. His aggressive litigation strategy before the Supreme Court has led to many landmark First Amendment victories. In his first case before the Supreme Court, Jews for Jesus, Jay Sekulow secured the right of religious groups to pass out tracks in airports. In Mergens, Jay Sekulow successfully protected the right of students to form Bible clubs and prayer groups on public school campuses. In Lamb\u2019s Chapel, Jay Sekulow cleared the way for churches to have equal access to public facilities in the same way that other groups are permitted to utilize those facilities. In the Bray and Operation Rescue cases, Jay Sekulow protected the free speech rights of pro-life advocates to be free from criminal prosecution for conveying their pro-life message. In McConnell v. FEC, Jay Sekulow protected the right of young people to engage in the political process by donating to the campaign of their choice. In Pleasant Grove, Jay Sekulow paved the way for governments to be able to display Ten Commandments monuments, and other monuments of their choosing, in public parks. Through the ACLJ, Jay Sekulow engages the political, legal, and cultural battles facing America today. He routinely works with Members of Congress, advising them on proposed legislation and representing them in critical legal matters. Jay Sekulow has also testified before Congress on the constitutionality of proposed legislation. Also, in addition to being a successful Supreme Court advocate, Jay Sekulow is a highly respected broadcaster. Jay Sekulow is the host of Jay Sekulow Live! which airs each weekday on over 850 radio stations nationwide, in addition Sirius and XM satellite radio. He brings insight and education to listeners daily through this national call-in radio program. He is also the host of the ACLJ This Week, the ACLJ\u2019s weekly television program. Jay Sekulow regularly appears on major media outlets, including FOX News, CNN, ABC, CBS, and NBC, where he is sought out for his vast experience in constitutional law and his unique insight into many of the pressing legal and political issues facing America today. He is frequently quoted in the nation's leading newspapers and often contributes opinion editorials to national publications. Jay Sekulow has also published numerous law review and other scholarly articles. Jay Sekulow has received numerous honors for his groundbreaking legal work in the area of free speech and religious liberties. The Legal Times has named Sekulow one of \u201cThe 90 Greatest Washington Lawyers of the Last 30 Years\u201d and the National Law Journal has twice named Sekulow one of the \u201c100 Most Influential Lawyers\u201d in the United States. In addition, TIME Magazine listed Jay Sekulow as one of the \"25 Most Influential Evangelicals\" in America. Jay Sekulow\u2019s legal work in defense of religious liberties and human rights extends beyond the United States, having founded the ECLJ in Strasbourg, France, which maintains consultative status with the United Nations. He has also opened offices in Pakistan, Africa, and Jerusalem, Israel. Jay Sekulow is a staunch defender of Israel, presenting arguments before the International Criminal Court at the Hague. His efforts in support of Israel\u2019s right to defend itself from terrorist attacks have been commended by Israeli government officials, one official stating, \"Jay was instrumentally-involved in projects that the President of Israel and the Prime Minister put on our national agenda.\" Jay Sekulow also has a passion for educating the next generation of religious liberty advocates. He is a member of the Regent University Law School Faculty as a Distinguished Professor of Law and routinely teaches courses on constitutional law and presents guest lectures. Jay Sekulow has also started educational programs in international human rights law in Strasbourg, France and at Handong University in South Korea. Jay Sekulow is a graduate of Mercer University, earning both a bachelor\u2019s degree and doctor of jurisprudence. Sekulow served on the editorial staff of the Mercer Law Review and graduated cum laude. He later earned a Ph.D. from Regent University, writing his dissertation on American Legal History. Jay Sekulow also serves on the Board of Trustees for The Supreme Court Historical Society in Washington, D.C. Jay Sekulow, ACLJ Chief Counsels full biography and video. Jay Sekulow on Facebook. Jay Sekulow on Twitter. Jay Sekulow on YouTube.","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/author\/jay_sekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/1495","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/users\/401"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/comments?post=1495"}],"version-history":[{"count":24,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/1495\/revisions"}],"predecessor-version":[{"id":1518,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/1495\/revisions\/1518"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=1495"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=1495"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=1495"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}