he is an expert on government foia administration and implementation of foia policies. we are lucky to have him. joining us, at the end, is joe. he represents individuals, corporations, and other entities. he was part of civil matters and he and his wife have done great work on behalf of whistleblowers that should be commended. he has extensive experience as a litigator and investigator having served as both an attorney and as an independent counsel in the clinton passport search matter. it was an investigation of bush administration appointees. he was named special counsel by the u.s. house of representatives. he was retained by the state of new york to investigate eliot spitzer and he has extensive experience in capitol hill. he is the counsel to the senate judiciary affairs and intelligence committee. we cannot get better than joe in matters of prosecutions of government corruption. paul heads judicial watch's litigation department and has been with it since the inception. he has argued in front of the supreme court on behalf of judicial watch and clients. he has bee

foia doesn't cover this. have these now records we'll look at those and may give you some info but anything before that, we didn't have an obligation to search those records. what is your response given your experience into foia about that extraordinary claim the head of an agency can evade foia by simply removing records from the office? >> well as professor metcalfe referenced the federal records act applies to these requires records be kept, that document official government actions. those records, after they're made, they have to be processed stored, be available to be used. it is the head of the agency's responsibility to do that, to make sure records are being kept they're accessible, they can be used, they can be requested. this notion that the head of the agency, the secretary, secretary clinton could con conduct this scheme where she would thwart all her obligations under the federal records act is not a acceptable response. the yes is -- question is what remedy foia allows? there could be other prov

what is your response given your list. -- experience into foia that the head of an agency can of a foia simply by removing records from the office? paul: as professor metcalf reference, the federal records act requires the records be kept that official government actions -- those records after they are made have to be processed stored, and available to be used. it is the head of the agency's responsibility to do that and make sure that records are being kept and are accessible and can be used and requested. this notion that the head of the agency secretary clinton, could concoct this game by which should would board all of her obligations under the federal records act is not an acceptable response. the question is what remedy foia allows. there might be some other provisions of law that allow remedies, like some criminal provisions. one criminal provision makes it a crime to remove federal records from federal agencies without the permission of the archivist. i think our position is that these records were federal records and they were removed when mrs. clinton concocted this scheme to

jason: let me address the foia aspect of this. fact that e-mails were sent to a.gov address begs the question of, which.gov address. if there is a.gov address at state, we did talk about it before you officer would be asking enough questions to make sure state response by searching the e-mail addresses of users in state. if the.gov address that was used went to a different agency, a foia respect to the state department would not capture that.gov. it would be a.gov someplace else. one would need to file a foia request with that other agency. there is a foia dimension of this controversy which is important. the foia offices are not leaders in technology. what we need is to have a high-level conversation, what we in the private sector call information governance. to have a conversation with government senior executives officials, people who are like a cio, a cfo of agencies, to empower foia offices with the tools to do adequate searches across all of the e-mail that exists on networks. the capstone policy factors into a better foia w

foia. we need information. i would ask tom and jason what do they think is the present condition about these requests at the state department and other government agencies? if there are some specific people whose e-mails are permanently kept and the rest destroyed, how do we get an honest answer to and foia request? tom: president nixon's secretary fell on her sword and took responsibility for an 18.5 minute gap in one of the key watergate tapes. she said she accidentally had her foot on the pedal of the transcription machine while she reached over her left shoulder to pick up the phone for a phone call and that produced the gap. for government e-mail, we will have a 30 year gap in the historical record. the white house, national security council used e-mail six the medically starting in 1985 -- systematically starting in 19 85. the total numbers and volume are getting enormous. only a few hundred thousand individual messages saved from the reagan years. the white house has become the gold standard for saving b

he is an expert on government foia administration and implementation of foia policies.are lucky to have him. joining us, at the end, is joe. he represents individuals, corporations and other entities. he was part of civil matters and he and his wife have done great work on behalf of whistleblowers that should be commended. he has extensive experience as a litigator and investigator, having served as both an attorney and as an independent counsel in the clinton passport search matter. it was an investigation of bush administration appointees. he was named special counsel by the u.s. house of representatives. he was retained by the state of new york to investigate eliot spitzer and he has extensive experience in capitol hill. he is the counsel to the senate judiciary affairs and intelligence committee. we cannot get better than joe in matters of prosecutions of government corruption. paul heads judicial watch's litigation department and has been with it since the inception. he has argued in front of the supreme court on behalf of judicial watch and clients. he has been a

whether statutes are being followed, except foia. i think it is incumbent on all of us -- and i would throw it back at the journalists that ask -- and whether in 2016 or 2019 we get to where we are supposed to be and we do get to where we need to be, and we still have a long way to go. >> hi, i'm lauren. i was wondering, if so many agencies are not keeping their records properly, what are the national security implications of that beyond just keeping a historical record? >> we have four minutes left. >> we are the nongovernmental group that follows freedom of information requests with defense department statements. the problem is the record-keeping systems means that real-time releases of documents just doesn't happen. it is a key piece of the enormous delays we see across the freedom of information system. i would say we have argued that there is only really one way out . the point that our former chief financial officer in the back made about financial limitations goes in space for the freedom of information system. any new freedom

i also find it funny that a member of congress who is not subject to foia laws is attacking hillary clintonshe says she will testify in may. do you think this issue, as a political matter -- the e-mail -- and that under control or a ticking time bomb? guy: i would remind folks that the -- it is under control. i would remind folks that the e-mail is about benghazi. when you wrap all of this stuff up together, at the end i think it will be much ado about nothing. mark, please --mark: take us inside a campaign. when you are being attacked by something like this, it seems like there are at least two responses. what is to go negative on the attackers and the other is to respond on the merits. is it wise to do one or the other, do both, do this one where your hand is stronger? guy: i think in this particular case they are responding with the facts. you mentioned earlier brian fallon's response today on a number of the accusations or open questions or however you want to describe what was going on with the book. it is particular case, the facts are clear that nothing was wrong , that this is all h

foia.d some requests did not qualify as foia requests and that the parent had not paid the fees associated with that paperwork. >>> three women known as the iron ladies in alexandria are continuing the fight over water front development. they're fighting the process alexandria used to change the zoning along the river. last month, the virginia supreme court ruled against the women and now they're asking the court to rehear the case based on assumptions judges made in their ruling. they say those assumptions were wrong. >>> it's now 5:35 as the weather gets warmer more people are going to be leaving their cars at home and perhaps hopping on their motorcycles. well, today the maryland motor administration is reminding people to share the road with bikers. they're hosting an event today. more than 70 people were killed riding their motorcycles. >>> pay up or face the consequences. that's the message metro police are sending to people who aren't paying. the problem not only costs metro money it

kenyan mcduffie he's says concerned that the program will be exempted from foia requests. he's also concerned that police have denied all requests about the program so far. >>> activist groups are holding rallies for equal payday. they will raise awareness that the unfair advantage that men have in the workplace. mayor bowser will attend later. on average, women earn 3/4 of what men do for the same job. and the d.c. housing department is holding a meeting in every ward to talk about how to create more affordable housing. tonight, housing leaders will be in ward 7 at the marshall heights community development organization. if you are interested, the meeting begins at 6:30 p.m. >>> the one thing you don't want to forget today is the umbrella. >> when the rain going to start? >> just a couple of sprinkles coming into the western suburbs. how are you at jumping puddles? rain boots too. the rain will be coming down harder during the afternoon, but right now just some very light rain coming in from the west. that's the area you see in the moving green on the radar, those areas w

and i'm not sure it has been turned over in foia.issue about whether it should have been turned over and i think the court said no, it is fine. but i haven't seen it. i would love to get my hands on it. i know the nacl has done foia work to get some of the d.o.j. manuals to get their blue book, and i know they lost that and it is up on appeal in the d.c. circuit. i agree with you. but it goes back to the broader ports about stingrays and secrecy about the technology and again it is up to defense lawyers to kind of -- the defense lawyers are the forefront of this. they are the client in court who have the ability to use discovery tools which are going to probably be greater in terms of getting information than just simply foia or p.r.a. requests. you have to make the requests. you don't want to make it in every single case, don't want to look unreasonable but if there is a case to look reasonable and you have to make the request. and i know that sucks because you have other things you need to do but that is something lawyers need to b

foia request. the splairs players have to wear nike shoes whether they like it or not because the coach has got an endorsement deal with niek aye pfn it'snike, it'sguaranteed in his contract. >> but don't worry, the money is rolling in, football makes money for colleges but that seems like that might not always be true. >> they go out of their ways to spend that money to show they are not actually making a profit at these different schools. a lot of these scholarships it's reverse racism. the money is coming in from two sports, basketball and football both men's sports both predominantly played by african american students who are often coming out of lower socioeconomic homes. the money that comes in gets disbursed to all your teams. football lacrosse, tennis, they get those scholarships that are being paid for by football and basketball. >> one of the tragic angles of college sports is what happens to young men and women who get hurt and sometimes really badly while on the field for school? >> abs

what can we do to keep it in focus so that we have these foia requests fulfilled? what do you look into your crystal ball to give it life? jason: i hope that the issue does not go away. the mandate of 2016 is not going away, regardless of who our next president is. the important point is that this does give a tension -- give attention to what good government issues involving the history of this country. i think it is a moment where there are a lot of people in this room watching. we do not usually have a conversation about now regulations and capstone policies -- narrow regulations and capstone policies that gets the attention of the public at large and the press. i think there is a moment that this controversy has served well. we need to have that conversation. we need to talk about saving e-mail in an electronic form so you can have a more accessible government. i will do everything i can in the forums that i participate in , and i read -- and i -- how to talk to the government about federal records act accountability and standards. we need the press to be pursui

the other has done foia work like the blue book i know the loss that is in the district court. alegre but it goes back to those broader plans with the secrecy of this technology it is up to defense lawyers fitter at the forefront to have those clients to use discovery tools chirrup get information with some of simple foia request you don't want to do for every single case but if you have a case then you have got to brief the issue to make the request. that sucks to hear that but it is the integral component that lawyers the to be aware of of. >> if the lawyer client privilege is vacated then how does it go from the maryland metadata program? like if they use microsoft's hot meal? >> -- hot mail. >> i am not aware of a court suggesting there is a privilege with metadata generally. off the top of my head at least it would go to the contents that is protected under the fourth amendment but there is a difference between the privilege issue sometimes they use the phrase reasonable expectation of privacy. as far as i know it is distinct. >> reducing there is an ethics opinion on the

police have denied all foia requests about the camera program so far. >>> today, activist groups areolding rallies for equal payday, the district federation for democratic women will be protesting protesting. women in minority groups earn less than the 3/4 that women typically earn less than men. >>> the d.c. housing department is holding a meeting today to talk about more affordable housing. marshall heights community development organization in northeast. that meeting begins at 6:30 p.m. >>> you can rub elbows with some big names that are here this weekend for the earth day concert. usher, mary j.blige, no down common the event is free and open to the public. it's going to be hosted by wisconsin i. -- will i. am and soledad o'brien. >>> it is free cone day. yes, the best story of the day, right? >> that's exciting too. >> ben and jerry's shops across the country is doing it. the company says it's their way of thanking their customers and they want you to instagram your ice cream cones with the #free cone day. we notice there's a ben and jaries just 3.1 miles away from us. >> not th

that judge sided with the school saying that some requests did not qualify as foia requests. >>> tonights one of those nights where you'll be fighting over the remote control perhaps. you have the caps and the nfl draft. and the redskins hold the fifth pick in the draft. no one knows what will the redskins will do either. some experts say they'll trade the pick. others say they'll draft a defensive end and some say they'll draft a quarterback. we'll send you a push alert as soon as they make their decisions. >>> somebody needs to do something. >> the father of michael brown speaking out about the violence in baltimore. what he hopes people will learn from the protests. >>> clear skies now over national harbor, but rain is coming. amelia segal is helping you get ready with your what to wear forecast at 6:41. >>> and potential problems for >>> welcome back. it's 6:39. the marine corps war memorial is one of the most iconic images, it symbolizes the strength and sacrifice of the marines. it's become weathered over time and now david rubenstein is hoping to change that he's donated $5 millio

you can see it in any records any foia request that you look at traffic stops, the mass incarceration's a quality of life issue were individuals are going up with this have this does with his skintight have this fear of interaction with the police. i think that is more telling than any data in any more numbers than the story does we have multiple stories millions of stories around the nation of harassment. we're living under a terrorist state -- a police terrorist state, and we need a way to fight back and protect ourselves. amy: the state did a look at the last five years in south carolina up holy shootings. -- a person about every 10 days shot by police in south carolina. what are you doing about this? >> we're going to have a 46 county tour around south carolina. right now we are getting our organization together. we have a lot of help coming in from out of town. we have people from ferguson coming through, people from new york, coming down was. project "we are watching you" is the campaign that will allow us to shift police culture. we're taking our cameras following police around s

i would also hope that the same amount of time that is put into training journalists on foia and the importance of it that at least an equivalent amount of time or some percentage of that amount of time would go into training journalists in what the statutes are, what the regulations are. we do not have many beat journalists anymore were looking at the agencies. that is a huge problem because nobody is paying attention outside of the government, to whether things are being implemented properly in the government. i think it is incumbent upon all of us of how are you going to keep this an issue, not a scandal but an important issue in governance and accountability and history. it will disappear. it will fall below the radar at some point unless there is a steady drumbeat -- unless there is constant attention to the issue and what is happening. whether we do get to where we are supposed to be in 2016 and 2019. we still have a long way to go. >> i'm lauren. i was wondering, if so many agencies are not keeping their records properly, what are the national security implications of that, be

i have demanded not only informal letter through foia and legally have even talked to senator mccain.enator mccain who's a powerful senator said, sheriff i promise you i'm going to get you these names. he can't get me the names. nobody will get me these names. and the reason why they will refuse to provide the names is we have a list of all these illegals that our government -- president obama has released into our communities that are committing new crimes that are committing murder that are committing rain that are committing aggravated assault, armed robbery. we can directly link them back to the president's action of this unlawful mass prison break. >> but we have the names, right? we know who they are. >> we don't -- i have asked for -- >> they're just not sharing them, right? >> correct. and that's the problem. they refuse to release them back. >> sheriff, thank you very much. good seeing you. >>> what if i told you you're the one about to get spoofed? at old dominion, we ship everything you can imagine. and everything we ship has something in common. whether it's expedited over

now the chief and the mayor want to exempt footage to foia requests and limit who would ever see the videos. more and more jurisdictions across the counpolice body cameras, and they face the same question d.c. is now faced with, whether to release the video to the public. seattle police have a youtube channel where they release a majority of the footage every day. they blur the images to ensure privacy. d.c. police have posted two examples of footage from traffic stops. but mayor muriel bowser included a provision in her new budget to restrict who has access to the footage. >> the city attempted to slip it in the budget support act. i think that's the wrong tactic to take particularly something this significant, especially in light of what's happening across the country with law enforcement personnel as they relate to members of our public. >> reporter: the council member mcduffy agrees and has called to a public hearing. >> this is a dell at that time balance. >> reporter: chief lanier explained how the cameras work and why the footage should be restrict restricted. police accountab

this is the very reason why there are foia requests. >> and hold people accountable. >> and we don't know if there is a there. i will go back to the rose law firm -- come on, that rose nothing at rose. we don't know because they hid the files from investigators and journalists for two years. they hid the files, they controlled the files. and then you can assume whether they cleaned it up or not, but two years later, they said oh, you can look at these files. >> bill and hillary clinton obviously think it's inappropriate for a presidential candidate to accept toe nations from foreign countries because now since she announced limited to great britain canada norway germany, a couple others because they don't think it's right for them to take money elsewhere. second thing, this illustrates to which hillary's fate are tied to her husband. a lot of the speeches were not the for her, but for bill clinton, but she will be held responsible fair or not for her husband, as well. >> isn't it fair to say that if you're secretary of state of the united states of america and your husband, hey, i'm

as the speaker said, this has been going on foia long time. and the more expensive it became. in terms of reducing the deficit as we meet the needs of the american people, it's great to be here with you mr. speaker in a bipartisan manner so you can send the bill to the president. with that, i'm pleased in joining the speaker and welcoming and acknowledging the republican leader, the majority leader of the senate, mitch mcconnell. senator mcconnell: the american people have chosen divided government since world war inch i. they want us to look for things that we can agree on to make progress for the country. i want to thank the speaker and democratic leader of the house being able to come together and figure a way to go forward is extremely important. we were very pleased in the house, senator hatch and senator wyden has been working on this for a number of years. but this agreement between the speaker and i think leader pelosi is what finally brought it together and i want to congratulate everyone up here. only eight senators opposed it. this is a very significant piece of leg

but when people filed foia public ñ records requests to say how has this device actually been used it been used in such a way. it was primarily used in prosecuting drug crimes.-f÷q so first of all the post-9/11 pots of money are often fizzling surveillance at the local if. second of all the same broad technological changes, the ability to collect, store, analyze and share information at-9 unprecedented rates have also made surveillance at the local level more expansive. i'm sure criminal defense lawyers see this all the time in their cases in some respects. it's pretty well understood that cell páp()r'g is a common law enforcement technique. it's amazing to me today that there are still so few opinions on this point about whether the government needs a warrant based on probable cause to gather either realtime or historical cell tracking information. but at least we now know about the technique. automatic license plate readers are common. then there's technologies that are just around the corner, drones and increase expansion of facial recognition which i think people at the local leve

but when people filed foia requests is how is this used, it turned out it had never been used in such a way and it was primarily used in prosecuting drug crimes. so first of all the post-9/11 pots of money are often fizzling surveillance at the local if. second of all the same broad technological changes, the ability to collect, store analyze and share information at unprecedented rates have also made surveillance at the local level more expansive. i'm sure criminal defense lawyers see this all the time in their cases in some respects. it's pretty well understood that cell phone tracking is a common law enforcement technique. it's amazing to me today that they're still so few opinions on this point about whether the government needs a warrant based on probable cause, but at least we now know about the technique. automatic license plate readers are common. then there's technologies that are just around the corner drones and increase expansion of facial recognition which i think people at the local are going to have to start dealing with an these things will crop up routinely in crimina

in the stingray dirt box context through foia we found out that the department of justice was asking states and localities not to disclose use of this information. in some instances they were asking state and local law enforcement to refer to information that was obtained by these devices as information from a confidential source so that judges would not really have an idea that that's how the information was obtained. in other cases they had asked prosecutors to dismiss cases where defense attorneys were seeking to challenge the use of these devices. we've also seen cases where, you know, when a challenge does go up and is being debated by the courts they offer a very attractive plea deal for the express purpose, really, of trying do avoid a court oversight over the use of these technologies. and so i think attacking this problem really requires at a federal level less -- a federal level prohibition on stopping states and localities from actually disclosing information about these devices to courts. the second piece of it is obviously stopping information going to judges about uses