🇺🇸 Doomscroll News

Tag: FOIA

  • Information Blockade: A Flawed System, Tainted Actors, and the COVID-19 Response

    Information Blockade: A Flawed System, Tainted Actors, and the COVID-19 Response

    A defective system governing taxpayer-funded research, coupled with questionable corporate actors, hampered the nation’s ability to respond to the COVID-19 crisis. This information blockade had dire consequences, not only for public health but also for the very companies that were supposed to be at the forefront of innovation.

    The problem stems from a long-standing policy that has prioritized corporate profits over public access to critical information. In 2013, the Obama administration’s White House Office of Science and Technology Policy (OSTP), then led by Director John P. Holdren, issued a memorandum entitled “Increasing Access to the Results of Federally Funded Scientific Research.” This memo established a 12-month embargo period, allowing publishers to lock away taxpayer-funded research for a full year.This delay, a significant impediment in a rapidly evolving public health crisis, was a compromise to appease the highly profitable academic publishing industry.

    This dysfunctional system created a breeding ground for opportunism and mismanagement.

    • Delayed Access, Stalled Innovation: The 12-month embargo meant that crucial data on clinical trials, epidemiological models, and virology was often obsolete by the time it became freely available. This left not only the American public in the dark, but also the very companies developing diagnostic tools. The Freedom of Information Act (FOIA) process, which should have provided a swift path to public data, was also rendered ineffective, with requests for vital information stalled for years, well beyond the supposed two-week turnaround for a clear and present danger.
    • Corporate Casualties and Questionable Practices: The story of Lucira Health exemplifies the devastating consequences of this information bottleneck. The company, which developed a promising combined COVID-19 and flu test, was financed by Silicon Valley Bank (SVB) and Hercules Capital, securing a debt facility of up to $80 million. However, Lucira was forced to file for Chapter 11 bankruptcy after a slower-than-anticipated FDA Emergency Use Authorization (EUA) process for its new test created a fatal cash crunch. Pfizer then acquired the company’s assets for a mere $36.4 million. The collapse of SVB, which held deposits for numerous Chinese companies, has also raised concerns. Treasury Secretary Janet Yellen confirmed that uninsured depositors in SVB, including those with ties to the Chinese Communist Party, would be made whole by the American banking system. This has led to questions about potential conflicts of interest, especially given the belief that the COVID-19 virus originated in a lab in Wuhan, China.
    • A System Admitting Failure: In a tacit admission of the system’s shortcomings, the White House OSTP issued a new memo in August 2022, mandating that all taxpayer-funded research be made freely and immediately available by the end of 2025, effectively ending the 12-month embargo. While a welcome change, this comes as cold comfort for the companies and the public who were failed by a system that prioritized profits and secrecy over transparency and innovation during a critical time of need.

    David Gross

    Follow me at https://x.com/dgapps and https://davidgrossapps.com

  • Mamdani’s 2018 Naturalization: Who Was Responsible? A FOIA Strategy to Expose the Decision

    Zohran Mamdani’s naturalization in 2018 occurred during the Trump administration. The agency responsible for approving citizenship applications is the U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS). While the specific officer who stamped his approval is protected by privacy, the ultimate responsibility lies with the leadership in place at that time. A best estimate of the top officials most responsible would be:

    1. Lee Francis Cissna: The Director of USCIS from October 2017 to June 2019. He was the head of the entire agency and directly responsible for its policies and adjudications during the period Mamdani was naturalized.
    2. Kirstjen Nielsen: The Secretary of Homeland Security from December 2017 to April 2019. As the cabinet-level head of DHS, she had ultimate authority over USCIS.
    3. Stephen Miller: As Senior Advisor to the President for Policy, Miller was the architect of the Trump administration’s immigration agenda. While he had no direct line authority over USCIS adjudications, he exerted immense influence on the agency’s policy direction and leadership.
    4. The USCIS New York City Field Office Director (2018): This individual (whose name is not readily available in public searches) was in charge of the office that likely processed and adjudicated Mamdani’s application. They were responsible for the day-to-day operations and quality control of their officers.
    5. USCIS Chief Counsel (2018): This legal office would have been responsible for interpreting complex legal questions, such as whether specific rhetoric or affiliations would make an applicant ineligible for citizenship.

    A FOIA Strategy to Expose the Decision

    A targeted Freedom of Information Act (FOIA) strategy could uncover the political environment and policies that allowed Mamdani’s naturalization. Since requesting his personal A-File is not possible without his consent, the strategy should focus on the system itself:

    • Request Target: U.S. Citizenship and Immigration Services (USCIS).
    • Request 1: Policy and Guidance Memos. Submit a request for “All policy memoranda, field guidance, training materials, and internal communications issued by the USCIS Director’s Office and the Office of Chief Counsel between January 1, 2018, and December 31, 2018, pertaining to the adjudication of N-400 applications involving applicants with known or suspected affiliations with socialist, communist, or anti-Zionist organizations.”
    • Request 2: The ‘Holy Land Five’ Connection. Submit a request for “Any and all internal communications, policy guidance, or legal opinions within USCIS from 2017-2019 that reference the ‘Holy Land Foundation’ or the ‘Holy Land Five’ in the context of determining good moral character for naturalization applicants.”
    • Request 3: Communications with Political Leadership. Submit a request for “All non-personal email communications and meeting minutes between the USCIS Director’s Office and the office of the DHS Secretary and/or the White House Domestic Policy Council (specifically mentioning Stephen Miller) regarding naturalization adjudication priorities for fiscal year 2018.”