Legal Filings

Sep 15, 2011

CREW Files FOIA Appeal with EOUSA Regarding Christine O’Donnell Investigation

FOIA Requests (Legal Filings), Federal Agencies, Department of Justice, FOIA, Political Candidates, Christine O'Donnell

Yesterday CREW filed an administrative appeal from the refusal of the Department of Justice’s (DOJ) Executive Office of the United States Attorneys (EOUSA) to provide any records related to the recently completed investigation of Christine O’Donnell, the 2010 Republican candidate for Senate in Delaware, including documents that would answer why Ms. O’Donnell was not criminally prosecuted.

Over the past several months, DOJ, with the assistance of the FBI, investigated whether Ms. O’Donnell illegally converted campaign funds to personal use and made false statements on forms filed with the Federal Election Commission (FEC). According to a signed affidavit by Ms. O’Donnell’s former campaign manager, Ms. O’Donnell used campaign funds to pay for rent, gas, meals, and a bowling outing. The United States Attorney notified Ms. O’Donnell on July 15, 2011, it had closed its investigation, did not intend to pursue criminal charges against her at this time, and had referred the matter to the FEC.

CREW filed three Freedom of Information Act requests for records related to the investigation in July. In August, EOUSA denied the request, claiming that disclosure would violate Ms. O’Donnell’s privacy. This denial fail to take into account the significant public interest in DOJ’s decision to close its investigation without bringing charges against Ms. O’Donnell, and in her conduct as a three-time candidate for Senate and a prominent political figure. DOJ’s Criminal Division and the FBI earlier denied the requests in July, which CREW appealed.

Click here to read CREW's FOIA appeal.