CREW Sues DOJ for Failure to Provide Rep. Murtha Investigation Records
Today, CREW sued the Department of Justice (DOJ) for its failure to provide CREW records under the Freedom of Information Act (FOIA) concerning investigations in which the late Rep. John Murtha (D-PA) was named. DOJ conducted multiple investigations into lobbying of Rep. Murtha and earmarks he obtained for a number of organizations and clients of lobbying firms, including Paul Magliocchetti, and defense contractors in Rep. Murtha’s district. CREW’s FOIA request of the FBI, Criminal Division, and the Executive Office of United States Attorneys (EOUSA) sought records concerning these investigations in an effort to determine why DOJ never prosecuted Rep. Murtha. Initial responses from DOJ included privacy claims, despite the fact that any privacy claims Rep. Murtha had do not survive his death. The FBI has refused to release any of its investigative files, claiming they are exempt in their entirety due to an open investigation.
DOJ’s refusal to provide documents here tracks their responses to similar requests CREW filed for records of DOJ’s closed investigations of Rep. Jerry Lewis, former House Majority Leader Tom DeLay, former Rep. Alan Mollohan, Rep. Don Young, and Sen. John Ensign.