Micah Morrison

In January, Judicial Watch published a short report, “The Murders in Indian Country,” outlining the shocking rate of murders and assaults inflicted on Native American and Alaska Native women. While accurate information is scarce, surveys suggest that the women are murdered at a rate ten times the national average. The response to the Judicial Watch report was tremendous. The story bounced around social media for weeks and prompted a stream of emails.

We noted that Congress had dropped the ball last year, allowing “Savanna’s Act” to die in the House of Representatives. The bill had strong bipartisan support and would have forged new ties between law-enforcement agencies and improved data collection related to crimes against Native Americans and Alaska Natives. The bill was named for 22-year-old Savanna LaFontaine-Graywind, brutally murdered in North Dakota in 2017.

Now, Savanna’s Act is back, reintroduced in the Senate by Lisa Murkowski of Alaska and Catherine Cortez Masto of Nevada. There is an “epidemic of murdered and missing Native women and girls,” the senators said in a joint press release.

Specifically, they noted, Savanna’s Act “aims to bridge the gap of the limited data on the number of missing Native women by directing the U.S. Department of Justice to formulate new guidelines for the reporting of violent crimes against indigenous people. The bill improves tribal access to certain federal crime information databases by mandating that the Attorney General and the Secretary of the Interior consult with Indian tribes on how to further improve these databases and access to them. It also requires certain federal agencies to solicit recommendations from tribes on enhancing the safety of Native women.”

The bill mandates “the creation of standardized guidelines for responding to cases of missing and murdered Native Americans, in consultations with tribes, which will include guidance on inter-jurisdictional cooperation among tribes and federal, state, and local law enforcement.” It requires “statistics on missing and murdered Native women, and recommendations on how to improve data collection, to be included in an annual report to Congress.”

Many of the responses to the Judicial Watch story came from Canada. “My daughter is Ojibway and I am scared to death for her safety,” a reader wrote. “Teenage girls are most likely to go missing. The public must know the facts on the staggering number of missing or dead Native youth.” This mother urged us to “look into the numbers in Canada, especially out west.”

Canada? That was news to us. So we took a look. Our readers in Canada were right. It’s a disgrace and a scandal.

Many killings and disappearances in Canada center around Highway 16, the so-called “Highway of Tears,” a 450-mile stretch of desolate roadway in British Columbia. “Dozens of Canadian women and girls, most of them indigenous, have disappeared or been murdered near Highway 16,” reports the New York Times, “a remote ribbon of asphalt that bisects British Columbia and snakes past thick forests, logging towns and impoverished Indian reserves on its way to the Pacific Ocean.”

As in the U.S., there is no clear accounting of the missing and dead. A special unit of the Royal Canadian Mounted Police connected 18 cases to the Highway of Tears, the Times reported. But community activists “believe the total is closer to 50.” A detailed chart posted on Wikipedia puts the count at over 70. The numbers controversy extends to the entire country, where estimates of missing and dead women of indigenous descent range from 1,200 to more than 4,000.

The Highway of Tears is a symbol of the evil fortune fallen to indigenous women in North America in the 21st century. It also has become “a political scandal in British Columbia,” the Times noted. A national inquiry was launched in 2017, but it appears to be going nowhere. Meanwhile, the disappearances and deaths continue. In August, 18-year-old Jessica Patrick went missing in Smithers, British Columbia—a bucolic mountain town along the Highway of Tears. In September, her body was found in the forest. Exactly a year earlier, the national inquiry commission had been in Smithers for three days of hearings, seeking answers and hearing pain.
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Micah Morrison is chief investigative reporter for Judicial Watch. Follow him on Twitter @micah_morrison. Tips: mmorrison@judicialwatch.org

Investigative Bulletin is published by Judicial Watch. Reprints and media inquiries: jfarrell@judicialwatch.org
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ATransparency International is out with its annual global corruption index and the news is not good. Around the world, according to the group’s sophisticated scoring system, democratic institutions are embattled by a rising tide of corruption.

TI’s “Corruption Perceptions Index” is the gold standard in assessing corruption worldwide. The index is drawn from comprehensive data sets of more than a dozen international organizations, including the World Bank, the World Economic Forum, Freedom House, and the Economist’s Country Risk Service. Descriptions of sources, statistics and methodology can be found here, below “Resources and Downloads.”

Because corruption operates in the shadows, hard data is elusive. TI’s index measures expert and in-country perceptions, focusing on public corruption, bribery, diversion of public funds, malfeasance and crime by public officials, transparency and accountability.

The failure to curb corruption is “contributing to a worldwide crisis of democracy,” TI says. The 2018 research shows “a disturbing link between corruption and the health of democracies, where countries with higher rates of corruption also have weaker democratic institutions and political rights.”

According to the new data, “on a scale of zero (a highly corrupt public sector) to 100 (a very clean public sector), two-thirds out of the 180 countries surveyed have scored below 50 in 2018’s CPI—meaning that the majority pass as corrupt.”

Since 2006, democratic practices have declined in 113 countries. “Corruption chips away at democracy to produce a vicious cycle, where corruption undermines democratic institutions and, in turn, weak institutions are less able to control corruption,” says TI Managing Director Patricia Moreira.

The most corrupt country? Somalia, scoring a meager 10 out of 100 on the index.

The other top ten most corrupt countries, from the bottom up, are Syria, South Sudan, Yemen, North Korea, Sudan, Guinea Bissau, Equatorial Guinea, Afghanistan, and Libya.

Sub-Saharan Africa is the lowest scoring region, the report notes. It struggles with “stark political and socio-economic contrasts” and rampant, longstanding corruption.

In the Middle East, another low scoring region, the situation “remains grim.” Civil liberties “continue to be under repressive state control” and “corruption remains stubbornly high.”

The least corrupt country is (drumroll please….) Denmark, with a score of 88.

Coming in one point below Denmark is New Zealand, at 87.

The rest of the top ten least corrupt countries, from the top down, are Finland, Singapore, Sweden, Switzerland, Norway, Netherlands, Canada, and Luxembourg.

But no one is perfect, not even Denmark. “While the CPI shows the Danish sector to be one of the cleanest in the world,” the report says, “corruption still exists, as seen with the recent scandals involving Danske Bank.”

Russia is a mess. With a “highly corrupt” rating of 28 out of 100, Russia suffers from cronyism, a compromised judicial system, an embattled media, weak political and civil rights, and ineffective checks and balances, TI notes.

China scores a 39 out of 100. As with so many things Chinese, the nation goes its own way when it comes to crime. “Corruption has particular characteristics in China,” TI notes. It is widespread and Chinese leaders consider it “a threat to the political system,” mounting tough anti-corruption campaigns. Yet Chinese anti-corruption drives are in service of the communist regime and do nothing to strengthen democratic institutions.

How does the United States rate? With a score of 71, the U.S. is squarely in the camp of healthy democracies. But TI is sounding a warning bell, noting that for the first time since 2011, the country has fallen outside the top twenty least corrupt countries in the index. The U.S. is now at position 22. TI calls that a red flag.

The U.S. fell four points on the index from last year. This appears solely related to opinions of President Donald Trump. It’s here that “perceptions” meet bias.

Transparency International does not like President Trump, an opinion shared by much of the international elite. TI supports “protecting” the probe by Special Counsel Robert Mueller—never mind that the president has not taken any steps to suppress the investigation. And it worries about “threats to [the U.S.] system of checks and balances,” despite the fact that the party opposing the president just took control of the House of Representatives, and that court rulings against Mr. Trump have proceeded without obstruction since the first days of his presidency.

What’s distressing to the global elite is that the American president is utterly unlike any former president. He’s a disruptor, perhaps even an avatar of creative destruction. But two years into his presidency, the American system is functioning just fine—robust, responsive and contentious. That’s a data point worth considering when assessing the health of American democracy.

Read the full Transparency International report here.

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Micah Morrison is chief investigative reporter for Judicial Watch. Follow him on Twitter @micah_morrison. Tips: mmorrison@judicialwatch.org

Investigative Bulletin is published by Judicial Watch. Reprints and media inquiries: jfarrell@judicialwatch.org

New York State has opened the door to a war on religious education. New guidelines from the state’s Department of Education are framed as applying to all “religious and independent schools” in New York, but no one is fooled. The changes are aimed right at New York City’s freewheeling Orthodox Jewish seminaries, known as yeshivas. More than 100,000 students attend yeshivas in New York City.

The new guidelines revisit the “substantial equivalency” statute that has kept the peace in New York schools since 1897. Non-public schools can educate their students as they see fit, provided the education is “substantially equivalent” to public schools. The new guidelines change the equation. Math must be taught every day. English, science, and social studies must be taught. Schools must provide samples of teaching schedules, textbooks, and lesson plans. Non-compliant schools risk withdrawal of funding for things like textbooks and transportation, and students ultimately could be forced to go to another school. Students that resist transfer risk being declared “truant” and legal steps to challenge parental competency could follow. The new mandates will be enforced by inspections from local school district officials.

The guidelines, wrote two Orthodox educators in the Wall Street Journal, are a shocking power grab by secular forces. They “empower local school boards to evaluate private schools and to vote on our right to continue educating our students.” The new curriculum requirements demand “so much time that it crowds out Torah study, our sacred mission.”

The controversy began when dissident former yeshiva students started raising concerns about the quality of their education. Members of the Orthodox community concede that some yeshivas need improvement. But when you’ve been in business for 1,500 years, give or take a few centuries, change comes slow. And as history as shown, it’s a very bad idea to tell a Jew how to run his religion.

New Yorkers of all stripes were quick to recognize the threat to religious freedom. Ed Mechmann, director of public policy at the Catholic Archdiocese of New York, wrote that the new regulations would “give local school boards virtually unlimited power over private religious schools. There is no protection against government officials who are hostile to religious schools or who just want to eliminate the competition.”

A majority of the New York City Council — not a group known for its theological fervor — complained in a letter to the state Education Department about the “unprecedented incursion into private schools’ curricula” and warned it to refrain “from threatening to remove student-based funding from schools that do not acquiesce to these guidelines.”

In New York City, the Orthodox community is a powerful political force, often delivering critical votes in closely fought elections. New York City Mayor Bill de Blasio opened a probe in 2015 following complaints about sub-standard education from the yeshiva dissidents. But the investigation went nowhere. De Blasio’s own investigations commissioner, Mark Peters, looked into the controversy, only to be fired later by the mayor.

The new guidelines put the mayor back in the yeshiva hot seat and could revive the dormant investigation. They seem sure to ignite more controversy. School inspections are slated to begin in February. The yeshiva establishment says it won’t cooperate with inspectors, ditto from New York’s Catholic school leadership. That’s going to be a big problem.

New York City Schools Chancellor Richard Carranza told the New York Times he’s starting the inspections with yeshivas that have barred city officials or have been noted in complaints about poor education standards. Carranza said the de Blasio administration intends to “move aggressively and get this taken care of.”

Don’t bet on it.

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Micah Morrison is chief investigative reporter for Judicial Watch. Follow him on Twitter @micah_morrison. Tips: mmorrison@judicialwatch.org

Investigative Bulletin is published by Judicial Watch. Reprints and media inquiries: jfarrell@judicialwatch.org

The Freedom of Information Act is headed to the Supreme Court. FOIA is a critical tool in the fight to make government more transparent and accountable. In 2017, the federal government fielded more than 800,000 FOIA requests. Many were shot down immediately as falling under one or more of the nine categories that Congress exempted from disclosure under FOIA, including broad swathes of information related to national security, law enforcement, personal privacy, privileged communications, and confidential commercial or financial information. A good overview of FOIA exemptions can be found here.

The new case on the Supreme Court docket, Food Marketing Institute v. Argus Leader Media, is focused on FOIA’s Exemption 4, trade secrets and commercial information. The exemption protects “trade secrets and commercial or financial information obtained from a person and that is privileged or confidential.”

Want to know how a federal contractor is making use of your tax dollars? Interested in the activities of a federally regulated financial entity? You’re in Exemption 4 territory.

Our FOIA friends at MuckRock note that the upcoming case could “either cement the public’s right to know or severely restrict the ability to track the flow of tax dollars into private companies.”

The case began in 2011 when the Sioux Falls Argus Leader decided to take a look at where food stamp money is spent. The newspaper filed a FOIA request with the U.S. Department of Agriculture, which administers the program, these days referred to as SNAP, the Supplemental Nutrition Assistance Program. The Argus Leader asked the USDA for the name, address, store type and annual SNAP sales figures for every participating store from 2005 to 2010.

The public has “a right to know how much taxpayer money grocers, gas stations, big box retailers and others get by participating in the federal food stamp program,” the newspaper has written.

“SNAP is a humongous program,” the newspaper noted in a supporting document filed later in the case. It provides more than 40 million Americans with average monthly food assistance of about $125, a $70 billion annual total. SNAP recipients use an official SNAP debit card for purchases.

The taxpayer stake in SNAP is clear. “Under SNAP,” the Argus Leader noted, “the money flows from the taxpayer to the government to the eligible SNAP households to the SNAP retailers from whom the food is purchased. The crux of the government program is that the government–with taxpayer dollars–buys groceries for low-income families from stores that wish to do business under the program.”

Enter Exemption 4. Responding to the Argus Leader FOIA, the Agriculture Department released names, store type and addresses, but declined to produce the yearly sales figures. The department argued the sales figures were exempt from disclosure because they constituted confidential business information.

The newspaper appealed the decision, the USDA ignored the appeal–typical FOIA behavior from the feds, alas–and the Argus Leader sued.

You can read the sad timeline of the case here. After a district court judge sided with the newspaper’s argument that disclosure of the sales figures would not cause substantial competitive harm to retailers, the USDA threw in the towel, agreeing to disclose the numbers.

That’s when food industry lobbyists stepped in. The Food Marketing Institute filed an emergency motion with the Eighth Circuit Court of Appeals to intervene. An Eighth Circuit panel heard the case and it too ruled in favor of the newspaper.

The wheels of FOIA turn slow. Seven years had passed since the Argus Leader’s original FOIA request. You can see the game here: run out the clock, grind down the requester.

But the lawyers were not done. After failing to get the entire Eighth Circuit to take up the matter, FMI filed a writ of certiorari with the Supreme Court, asking it to review the case.

The High Court accepted the case. It’s on the docket for April.

Scotusblog  notes that the Supremes are likely looking to “resolve at least five circuit [court] splits over Exemption 4’s “confidentiality” term and whether the “substantial-competitive-harm” claim test is satisfied.

MuckRock warns that if the lower-court decisions “are overturned, lack of access to this data will continue to hold back public spending accountability and nutrition research around the country–and provide corporations a powerful tool to keep public data proprietary in other cases.”

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 Judicial Watch is the nation’s leading litigator of FOIA actions.

Micah Morrison is chief investigative reporter for Judicial Watch. Follow him on Twitter @micah_morrison. Tips: mmorrison@judicialwatch.org

Investigative Bulletin is published by Judicial Watch. Reprints and media inquiries: jfarrell@judicialwatch.org

On August 19, 2017, 22-year-old Savanna LaFontaine-Graywind disappeared in Fargo, North Dakota. The upstairs neighbor immediately was a suspect: she had been acting strangely and texted LaFontaine-Graywind earlier that day. Savanna was eight months pregnant, with swollen feet. Her car was in the parking lot, her wallet was at home: wherever she went, she wasn’t planning to go far.

Eight days later, her body was found in the Red River. Her baby had been cut from her womb.

Two months earlier, Ashley HeavyRunner Loring vanished from the Blackfeet Indian Reservation in Montana. A witness later reported seeing Ashley running from a vehicle on Highway 89.

The two cases are part of storm of domestic abuse and murder hitting Native American and Alaska Native women. Statistical surveys are thin, but the numbers out there indicate that Native American women are murdered at a rate 10 times the national average.

In Montana alone, more than twenty-four Native Americans–most of them women–went missing in 2018, Senator John Tester said at a Senate Indian Affairs hearing last month. “We have an epidemic on our hands.”

The law enforcement response often is tepid.

“Law enforcement did not take Ashley’s case seriously, as well as other girls that have gone missing and been murdered in Indian country,” Ashley’s sister, Kimberly Loring, told Congress.

Days after Savanna’s disappearance in Fargo, a deputy sheriff told a local news outlet that there was “nothing to suggest criminal activity.”

“Where’s the problem? Is it with [the Bureau of Indian Affairs], is it with the FBI, is it with tribal law enforcement?” Tester said at the December hearing. “Why are we not finding these people? We would have a different reaction if this was a non-native.”

Tester, a Montana Democrat, and his Republican counterpart Steve Daines, are pressing Congress to come up with a solution. “Savanna’s Act” would create standardized procedures for responding to cases of missing and murdered Native American and Alaska Native women and sharpen cooperation between federal, state, tribal and local law enforcement. Inter-agency cooperation is often a big problem. The act would also upgrade Justice Department intake of information related to crimes against Native Americans and Alaska Natives. The bill unanimously passed the Senate last year but stalled in the House. Alaska Senator Lisa Murkowski has vowed to reintroduce it.

That’s too late for Savanna LaFontaine-Graywind. The depraved upstairs neighbor murdered her and took her baby. And it’s probably too late for Ashley HeavyRunner Loring. Her family searched the remote countryside in the heat, the cold, the rain and snow more than 120 times and came up empty. Last month, human remains were found on the Blackfeet Reservation. They have been sent to the FBI laboratory for analysis.

The discovery came one day after Ashley’s sister testified to Congress. “We are going missing,” Kimberly Loring said. “We are being murdered. We are not being taken seriously.”

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 Micah Morrison is chief investigative reporter for Judicial Watch. Follow him on Twitter @micah_morrison. Tips: mmorrison@judicialwatch.org

Investigative Bulletin is published by Judicial Watch. Reprints and media inquiries: jfarrell@judicialwatch.org

The Christmas season in New York City truly is a wonderful time. Everyone seems caught up in the spirit of giving, even the crooks. This year, Christmas brought a special gift: the denouement of the long-running saga of the mayor, the rat, and the NYPD.

Once, in an only-in-New-York moment, the rat and a key co-conspirator, both Orthodox Jews, dressed as Santa’s elves and delivered pricey gifts to police officials at the center of a corruption scheme. Then there was the time they flew an NYPD deputy inspector and a detective to Vegas in a private jet with a hooker for Super Bowl weekend. And the time the rat shoved $60,000 in a Ferragamo handbag to pay off a union boss. They showered cash on public officials. They bought their police friends jewelry, cigars, and meals at pricey restaurants. They paid for trips to Rome and Israel and the Dominican Republic.

In return, the NYPD did favors for the rat, Jona Rechnitz, and co-conspirator Jeremy Reichberg. In a midtown office, the New York Times reported, Rechnitz and Reichberg met with “people seeking help with police matters.” The men would later “split the profits” after the problems were resolved. Tickets were fixed, jury duty was avoided, problems with business rivals and city officials went away. Reichberg got a license to carry a gun. Rechnitz was provided with high-speed police escorts to the airport. Police closed a lane in the Lincoln Tunnel to whisk a Rechnitz business associate into Manhattan.

Cash was bestowed on Bill de Blasio’s political campaigns–a lot of it. “Love you brother,” wrote de Blasio in an email to Rechnitz the day after his 2014 inauguration as mayor. And why not? Rechnitz himself had been showing de Blasio a lot of love, bundling more than $41,000 for the mayor’s campaign. And there was a lot more to come. The New York Post reports that Rechnitz and his allies raised upward of $250,000 for entities linked to de Blasio.

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And so 2018 passes into the history books. It’s been an alarming year in many ways, including for the Jewish people.

Pressure is mounting on the Jews from without and within, warns Adam Milstein in the Jerusalem Post. The Pittsburgh massacre was just the latest in a series of attacks coming “not only from the radical right but also from the radical left, and from radical Muslims.” Some of these attacks have come from within the Jewish community itself, Milstein notes.

What is to be done? Well, to start, sunlight is a good disinfectant.

And silence is not an option.

Read Milstein here:

https://www.jpost.com/Opinion/Are-we-going-to-allow-the-Jewish-people-to-be-divided-and-conquered-from-within-575518

Best wishes for the new year,

Micah

Last week, we looked at federal efforts to combat money laundering by changing “beneficial owner” laws for various types of legal shell companies, including limited liability companies, LLCs. New York LLCs have the same transparency problems as other states–the true owners, the “beneficial owners,” are hidden behind corporate curtains.

But New York’s campaign-finance laws put a different spin on the LLC shell game, enabling millions in masked donations to pour into state races. The chief beneficiary of LLC donations? New York Governor Andrew Cuomo.

Irony is a stranger to the governor. He has repeatedly called on the state legislature to close the LLC loophole, but has taken in more than $17 million in LLC donations since becoming governor.

Cuomo has relied on New York’s Republican-controlled Senate to block any real reform. But that changed in November, when Democrats seized control of both houses of the state legislature.

With corruption a rising concern for New York voters, Albany’s LLC loophole is getting renewed attention. Will Cuomo keep his word and close it? Or will the prospect of giving up all that money cause lawmakers’ hearts to grow faint?

Here’s how it works: in New York, an LLC is treated as a person, not a corporation. Corporate political donations are capped at $5,000 per year. But a person can donate up to $65,000 per year to every candidate for statewide office.

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