Our nation was a very unique nation when we were established. No exercise like ours had ever been attempted. Our founders said we will be a nation which operates under rule of law and not arbitrary law. They said we will have a limited government and we will have a divided government. Perhaps the most unique principle was that our founders said we will be a nation where the people are the sovereign and the government is the servant.
Throughout the world at that time, all governments were sovereign and the citizens were there to serve the is wishes, requests, and demands of those in government. Most countries had a sovereign whose word was final. Those in government were exempt from the law and could and did interpret the law in any way they wished so it would meet their wishes and agenda. If the law could not be so manipulated they would simply change it or interpret it in a way that it would.
We have seen our government officials, federal, state, and local adopt this sovereign mentality. This government is sovereign mentality became the norm under the Obama regime, but then the government is sovereign mentality is necessary in any Marxist regime. The government is the unquestioned superior mentality became a way of life with the Obama regime protecting leftist thugs who would rape, murder, and pillage innocent citizens so long as it somehow could be twisted to be for the cause of advancing equality.
The Obama regime carried this twisted philosophy in the protection of its agents or representatives who lied to the people and the representatives of the people so long as the lies advanced the Marxist agenda of the Obama regime. Obama himself lied to the American people consistently. His Attorney Generals lied to congress and the American people as did members of his security team, representatives of the IRS, EPA, Department of Human Resources, and all other aspects of the executive branch of government.
Marxist/Progressives (Democrats) and members of the Republican establishment believe that the way the government operated under the Marxist regime of Obama is how it should continue to operate. Consequently, we see these people in all aspects of government who believe the ideas of the founders are antiquated and the ideas of the Marxists are preferred, making excuses for the unlawful and harmful actions of the thugs of BLM and Antifa who murder, pillage, and intimidate in the name of equality and social justice.
We have also just recently learned that the chief protector of and enforcer of the laws who are to protect the sovereignty of the people and keep the government in its role as servant, the FBI, has acted as the sovereigns of old and interrupted, ignored, or rewrote a law that was written for the sole purpose of allowing the sovereign, the people, to be fully informed of wrongdoing by the servants in government. The FBI has told the American people that it will interpret the FOIA act in any way it wants to prohibit the American people from being fully informed. The FBI blatantly scorned the American people in its continued effort to protect Hilary Clinton by misinterpreting an exemption to a FOIA request.
The FOIA maintains nine exemptions to the general presumption of mandatory disclosure. 5 U.S.C. § 552(b)(1)-(9). Generally, Congress intended the exemptions to protect against disclosure of information which would substantially harm national defense or foreign policy, individual privacy interests, business proprietary interests, and the efficient operation of governmental functions. An agency has the authority to construe the exemptions as discretionary rather than mandatory when no harm would result from disclosure of the requested information. Chrysler Corp. v. Brown, 441 U.S. 281, 293 (1979). Consequently, even if a requested document falls within one of the nine exemptions, the agency should be asked to release it anyway as an exercise of its discretionary powers. Moreover, "[t]hese exemptions are specifically made exclusive . . . and must be narrowly construed." Dept. of the Air Force v. Rose, 425 U.S. 352, 361 (1976). Additionally, remember that a request for a document which does not qualify as an "agency record" may be denied because only agency records are available under the FOIA.
When a requested document contains some information, which falls under one of the exemptions, the FOIA requires that all non-exempt portions of the record must still be released. The Act expressly mandates that any "reasonably segregable portion" of a record must be disclosed to a requester after the redaction (the deletion of part of a document to prevent disclosure of material covered by an exemption) of the parts which are exempt. 5 U.S.C. § 552(b). This is a very important aspect of FOIA because it prohibits an agency from withholding an entire document merely because one line, one page or one picture are exempt.
The Federal Bureau of Investigation denied a request for information about Hillary Clinton and gave what some might consider to be a ridiculous excuse for the declination. The FBI says there is not enough public interest to merit releasing the information.
It was revealed in a letter explaining to a New York City attorney who requested the information that the FBI had determined he had “not sufficiently demonstrated that the public’s interest in disclosure outweighs personal privacy interests of the subject.”
“Therefore, records regarding your subject are withheld pursuant to FOIA exemptions,” read the letter from David M. Hardy of the FBI’s Records Management Division.
Clevenger filed the Freedom of Information Act (FOIA) request in March of 2016, asking for documents including email exchanges between the FBI, the Department of Justice, and Congress about Clinton. Clevenger responded, “Frankly, I am stunned I should have to explain why my request pertains to a matter of public interest,” to an earlier letter from the FBI demanding he show the interest to the public good of releasing the documents.
“If you seek disclosure of any existing records on this basis, you must demonstrate that the public interest in disclosure outweighs personal privacy interests,” the earlier letter from the FBI stated. “In this regard, you must show that the public interest sought is a significant one, and that the requested information is likely to advance that interest.”
To be considered “in the public interest,” an act would need to be for the benefit of the general populace, and not committed for frivolous reasons, or in interest of a particular party. Clevenger argued that just on the basis that Clinton had been the Secretary of State and had run for the president’s office that it would be in the public’s interest to reveal the information he sought.
And the protection of Hillary by Obama, Holder, Lynch, Comey, and Marxist/Progressives in Congress and throughout the government and beyond continues. Will we ever learn what evil lurks within the preview of the FBI in their scandalous coverup of Hillary Clinton.