by Mitch Kokai
Senior Political Analyst, John Locke Foundation
Attorney General Merrick Garland recently remarked that “no person is above the law in this country.” Yet, based on the recent actions taken by the Department of Justice (DOJ) under the attorney general’s leadership, some organizations are, including Garland’s DOJ.
In March 2021, an investigation launched by the Foundation for Government Accountability (FGA) revealed an unprecedented scheme underway by the Biden administration to use federal agencies and their offices located in the states as a get-out-the-vote machine for the left — all paid for by taxpayers.
FGA responded with a Freedom of Information Act (FOIA) request demanding copies of the agencies’ plans to carry out the president’s order as well as communications between Biden’s political appointees and the radical left-wing group that dreamed up the plan, Demos. Demos is now stationed inside the White House to carry out its original plan.
But DOJ stonewalled FGA’s FOIA request for a year. With midterm elections quickly approaching, FGA sued DOJ in federal court, demanding it hand over the documents it is required to produce under federal law. After all, FGA agrees that no one should be above the law, including DOJ.
This past July, DOJ filed a court document claiming it had located approximately 5,500 records that could be responsive to FGA’s FOIA request. Based on that large volume of records, DOJ claimed the soonest it could turn over the documents to FGA was next year. Forcing DOJ to return documents any sooner than that, attorneys for DOJ bemoaned, would “put an undue strain on agency resources.”
But FGA fought back in court against this attempt to delay the release of the records and won. Refusing to buy DOJ’s argument, the federal judge ordered the documents to be produced before the midterm elections.