Cover Up? Judicial Watch Sues DHS for Docs on Investigation of Illegal Alien Charged with Killing Nun in Drunk Driving Accident FOIA Request Seeks DHS Communications with Obama White House
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Washington, DC -- April 20, 2011
Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it filed a Freedom of Information Act (FOIA) lawsuit on April 14, 2011, against the Department of Homeland Security (DHS) to obtain records detailing Homeland Security’s investigation of Carlos Martinelly-Montano, an illegal alien who allegedly struck and killed a Virginia Benedictine nun in a drunk driving accident on August 1, 2010. Judicial Watch obtained an internal DHS report on the Martinelly-Montano investigation in response to a previous lawsuit. Judicial Watch now seeks all communications between the DHS and the Obama White House, as well as internal DHS records regarding the investigation and the report (Judicial Watch v. U.S. Department of Homeland Security (Case No. 11-725)).

On February 16, 2011, Judicial Watch sent an FOIA request to the DHS seeking access to the following:
•Any and all records of communications, contacts, or correspondence with the White House and/or Executive Office of the President concerning a report/memorandum prepared at the direction of the United States Secretary of Homeland Security, Janet Napolitano, related to Carlos Martinelly-Montano, an unlawfully present alien charged with killing a Benedictine nun and injuring two others in a August 2010 drunk driving incident in Prince William County, Virginia for the period of October 1, 2010 through February 15, 2011.
•Any and all records of communications, contacts, or correspondence within the Department of Homeland Security concerning a report/memorandum prepared at the direction of the Unite States Secretary for Homeland Security, Janet Napolitano, related to Carlos Martinelly-Mantano for the period of October 1, 2010 through February 15, 2011.

In a letter dated February 24, 2011, DHS acknowledged that it received Judicial Watch’s request on February 17, 2011. DHS was required to respond by March 17, 2011. However, to date, DHS has failed to produce responsive documents or indicate when a response is forthcoming.

On March 3, 2011, Judicial Watch obtained an edited “finalâ€