Judicial Watch's Battle for Transparency in Security and Prosperity Partnership Continues in Court

Judicial Watch filed an appeal this week in its open records lawsuit against the Department of Commerce regarding the Security and Prosperity Partnership (SPP) and its off-shoot, the North American Competitiveness Council (NACC). But before we get to the brief, I haven't covered this lawsuit recently, so here's a quick primer.

The SPP was formally announced by then-heads of government Vincente Fox, George W. Bush, and Paul Martin on March 23, 2005, in Waco, Texas. The expressed purpose of the SPP, according to the trio, was to create a "safer, more prosperous North America." However, critics believed that the ultimate goal was the creation of a North American Union, blurring the lines of distinction between the three countries and sacrificing national sovereignty.

When the government officials at the highest levels began holding secret meetings with business interests and crafting polices behind closed doors that impact all Americans, suspicions heightened. And that's when Judicial Watch got involved.

We filed numerous open records requests with the federal government, making the argument that all meetings related to the Security and Prosperity Partnership are subject to the Federal Advisory Committee Act (FACA) and should therefore be open to the public. Through the Freedom of Information Act, Judicial Watch unearthed some fascinating documents, which you can read here. However, some agencies continue to stonewall the release of records related to SPP, prompting Judicial Watch to file lawsuits, such as the one referenced above against the Commerce Department.

Now, back to the brief. The lower court in our lawsuit against the Commerce Department conceded that Judicial Watch could prove "informational injury" under FACA. However, the court ruled that this "injury" could not be traceable to the Department of Commerce and could not be addressed through the courts. (In other words, the court ruled that Judicial Watch lacked "standing" to bring the lawsuit.) We, of course, respectfully disagree. Here's an excerpt from our brief:

This appeal concerns an attempt by a federal agency to establish advisory committees comprised of business representatives from the United States, Canada and Mexico, and yet evade the public disclosure requirements of FACA (Federal Advisory Committee Act). [We] allege that these committees, known as the North American Competitiveness Council ("NACC") and its component subgroups, fall within the definition of an "advisory committee" as that term is defined under FACA...

...Ultimately resolution of this case is important, not only in regard to the specific advisory committees at issue, but because the agency is seeking to create an exception under FACA which would substantially undermine the purposes of this statute.

Now the question might come up, why is this battle so important given that Fox, Martin and President Bush are no longer in power? SSP is still active, and it is important to find out as much as possible about where we stand on some of the policies that are being developed, especially in light of the drug-fueled civil war in Mexico.

Second, if the federal government is successful in our lawsuit, it could set a precedent that will allow other government advisory committees to operate improperly in secret. (Obama seems to be on the edge of the law on this issue already with his secretive Economic Recovery Advisory Board.)

And, finally, with the Obama administration's penchant for a massive federal government, and his globalist mentality, does anyone seriously think the Obama administration is going to dial down the Security and Prosperity Partnership? The attack on our national sovereignty is going to get much worse, not better, under President Obama's leadership. That is why we're going to keep up the fight in court to shine a light on the Security and Prosperity Partnership and its offshoot, the North American Competitiveness Council.

Until next week...


Tom Fitton
President

Judicial Watch

Rec'd via email
(Part of Weekly News Letter)