Just weeks before the November presidential election, the Justice Department filed motions in U.S. District Court in Washington to prevent release of an FBI background investigation of President Obama’s loss of his American citizenship as a child growing up in Indonesia, which cleared the way for him to run for president in 2008.
On Aug. 31, a Justice Department trial unit defending the president in a Freedom of Information Act lawsuit brought by Berryville resident George Archibald filed motions asking U.S. District Judge Reggie B. Walton to keep results of the FBI’s investigation under seal and to dismiss the case.
Archibald countered by asking Judge Walton to reject the administration’s legal arguments that the FBI records are exempt from release under the FOIA because they relate to FBI investigative methods that must remain secret.
“The administration’s motion to deny this FOIA appeal prior to the presidential election is a blatant effort to block release of documents perhaps maintained according to a numbered FBI “File Classification List” of which “56 Election Laws” is included on “http://www.FBI.gov,” an official site of the U.S. Department of Justice,” Archibald stated in a response to Justice Department “Motion for Summary Judgment” submitted by Acting Assistant U.S. Attorney General Stuart F. Delery, head of the department’s civil division.
“The Justice Department provided a copy of the president’s Hawaii birth certificate from the same file, which the White House released last year in order to quell reports that he was born in Kenya, which would have made him ineligible to run for the presidency” Archibald argued in his response to the court.
“The remaining documents relating to his birth and citizenship issues should also be released as there should be no compromise of FBI investigative techniques or national security by having all records revealed concerning the president’s foreign background that relate to his eligibility to be in the White House,” Archibald said in his response to the Justice Department motion for summary judgment.
Archibald also filed a motion saying “the case is fully briefed” and requested the court to schedule the FOIA dispute for immediate trial.