Today is D-Day — Delivery Day — for Richard Windsor’s Emails

US EPA Sinking LogoGuest post by Chris Horner

Today, per its agreement as filed with the U.S. District Court for the District of Columbia in CEI v. EPA, the Environmental Protection Agency and/or its lawyers the Department of Justice are to produce the first of four deliveries of approximately 3,000 emails to or from the Administrator formerly known as “Richard Windsor”.

Specifically, EPA owes us a cache of identified emails to or from EPA Administrator Lisa Jackson (by pure coincidence, that’s now “outgoing Administrator Jackson”…), using one or more of four keywords: coal, climate, endanger/endangerment and/or MACT (“war on coal” emails).

I detailed the backstory and reveal these accounts for the first time in The Liberal War on Transparency: Confessions of a Freedom of Information ‘Criminal‘ published in October — irony alert, it was Jackson who had called my use of FOIA ‘criminal’.

We already possess three Windsor emails, which tell us that this account was, at minimum, for use corresponding with a close circle of political appointees. And some lawyers, in on the false identity.

So here are a few questions to consider as we await delivery and examination of the first tranche: 

  • How broad is the universe “in on” the false identity for recordkeeping purposes; that is, who were Windsor’s correspondents aware of the account, the intent of which we can only speculate about but the one inescapably foreseeable outcome of which was to subvert federal recordkeeping and disclosure laws?
  • Rephrased, who is now off of any short list to replace Winds…Jackson as EPA administrator? (Hint, we already know the list includes her acting replacement, Bob Perciasepe who, my original source within EPA also states to me also was suspected of using an “alias”).
  • Who else now faces questions next time they are before Congress, about their own habits given their complicity in this, and having said nothing?
  • Will we see correspondence with more lawyers, since this is, by EPA’s spin, Jackson’s account for internal correspondence?
  • For example, will we see former EPA general counsel, Scott Fulton, who by coincidence resigned the day we revealed copies of Windsor’s emails, here. Did EPA’s inspector general, who has vowed an investigation — stop laughing — ever correspond with the administrator’s account that, the Agency says, was for her internal correspondence? (The first email address of a Windsor correspondent that EPA attempts to redact probably puts the lie to this non-responsive spin that the false identity was only used for internal correspondence).
  • If not, what other account did she use to correspond with these lawyers? Remember, EPA said her public account was too cumbersome to use.
  • Come to think of it, what email account did she use to correspond outside of the Agency — for example, with rent-seeking businesses like GE and green pressure group allies.
  • Was the account used for corresponding with external allies her personal account? Because another of my requests for some of her correspondence with colleagues using that account, prompted by a FOIA request revealing that they were all aware of it, is presently the subject of possibly the most inane stonewall I have yet faced. In fact, that correspondence involves discussions about what her secondary account address would be.
  • In order to kick the can of revealing “Windsor” correspondence further down the road until media heat possibly cools — and Jackson is safely ensconced at, e.g., Princeton University — will EPA abandon its line to date that this unprecedented false identity account is really just the sort of “secondary”/alias account used by all administrators since Carol Browner, but which an EPA memo I found states “The secondary e-mail accounts are configured so the account holder’s name appears in the ‘sent by’ field”? Mmm.
  • The latter is a big question, the answer to which could signal the administration are going deep into the bunker and seek delay in the courts.
  • Finally, how ostentatiously will EPA and/or DoJ stoke our cynicism, with redactions or forcing out first the most benign mail (“most benign mail in a dummy account that violates federal law” being a fairly restricted universe, I admit)?

To date, the signs, which we might detail later and which might prove relevant to our arguments with the court, haven’t been good. It is entirely possible that the government intends on simply kicking many required disclosures, and the legal briefing with the embarrassing arguments necessary to hide things after insisting they have nothing to hide, into the summer. In that event we have limited, if still a couple, of options to get things on a more productive track.

You should know that FOIA productions tend to involve the government releasing those records about which no one around the government table had any demands for redaction or withholding (e.g., personal or private information, legitimate “pre-decisional” deliberations); the next production(s) includes those over which objections had been ironed out; the final is the dump of pages of black rectangles, or redactions, and a list of what the government refuses to turn over, period.

This procession obviously presents a reluctant bureaucrat with opportunities for mischief (which, like the rest of how this indispensable law works, and some remarkable schemes it has uncovered, I detail in the last two chapters, the How-To guide of the book‘!)

FYI, I already have two followup requests seeking to answer some known unknowns and seal off certain avenues of escape. These are for a brief period of Office of the Administrator correspondence with Jackson’s personal account, and all Richard Windsor mail. EPA responded with the most risible stonewall yet of any they have tossed my way these many years.

So grab the popcorn but, to be safe and possibly pleasantly surprised, hit the dimmer on your expectations for Monday’s production

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31 Responses to Today is D-Day — Delivery Day — for Richard Windsor’s Emails

  1. pat says:

    It is worth noting that any fool could provide all 3,000 emails along with all routing info in about 15 minutes. I wonder why it is taking the EPA so long?

  2. Yancey Ward says:

    What if you get nothing today, tomorrow, or the day after?

  3. Lance Wallace says:

    Chris Horner–

    Can you or have you somewhere provided the details of these “inane” and “risible” stonewalls?

  4. NeedleFactory says:

    Why does the government need such a delay to produce these emails? The best reason I can think of: to provide the EPA enough time to craft and vet a backstory that protects the guilty. Other reasons are to edit/redact the emails in ways that will not be detected. Am I too suspicious?

  5. barryjo says:

    @ pat: It takes along time to read and filter 3000 e-mails.

  6. Darren Potter says:

    pat says: “I wonder why it is taking the EPA so long?”

    Come on, its the guberment! Takes our paperless guberment a dozen quintuplet forms and 3 months of debate, at five levels (up the ladder, then back down the ladder) just to order more quintuplet forms.

    Besides it takes a very long time to redact 95% of the words in 3,000 emails. Along with making corrections for politically incorrect references. Finally, running it all by Department of Injustice Lawyers to insure all laws and regulations have been post-adhered too.

  7. apachewhoknows says:

    The way this bunch has behaved in the past is the way they will behave on this fake e-mail account herein.

    DOJ, DOS, ATF, FBI, DEA all in on the cover up of the Fast and Furious gun running into Mexico and the death of Border Patrol officer Brain Terry.

    DOS, CIA, White House, all in on the cover up and the why of Amb. Stevens death in Bengazie Lybia. Any communiction from any of those rescued from Bengazie yet, no.

    Do not hold your breath, and do not expect what you recive to be the real stuff.

    Remember, the new Sec. of State for the U.S.A. is Lt. for life, liar, traitor John F. Kerry.

    Where there is smoke there is fire.

  8. Pat Ravasio says:

    Can I ask what you mean by this: “hit the dimmer on your expectations for Monday’s production?” Thank you.

  9. Darren Potter says:

    NeedleFactory says: “… to provide the EPA enough time to craft and vet a backstory that protects the guilty.”

    Not to mention, getting the mainstream media prepped and on board with the back story and rehearsal of Talking points, Sound bites, and snappy Ad-hominems for those who dare to question the official line.

  10. EW says:

    Why does it take so long?
    In the best tradition, these emails must be first printed and then scanned from printouts with the lowest resolution possible. Same old story.

  11. Nicholas Harding says:

    @barryjo—not so long as you think. Modern discovery software allows for the indexing of e-mails so the e-mails about dinner and the theater get read last. Plus, Mr. Horner could ask for volunteers to do some batch reading if needed. Bet he would get more than a few to step forward.

  12. Mickey Reno says:

    Jackson ‘Gleicked’ herself. This is a Gleicked up mess. The EPA is GUBAR (Gleicked up beyond all recognition).

    But on the upside for her personally, now that Jackson is unemployed, maybe the AGU will consider Jackson for their ethics committee chairmanship. Unfortunately, instead, she’ll probably run for Congress, and stupid Democrats will elect her.

  13. John in NZ says:

    It is Tuesday where I am.

    Nothing yet I guess.

  14. kramer says:

    Chris, you should also be FOI’ng emails that are related to international development and future changes in how we will be living under sustainable development. I’d also try to get some related Agenda 21 and any that have gone to Greenpeace, EDF, WRI, etc.

    I’d also look at using FOI to see if and how there is any foreign influence on our politicians. In other words, are foreign lobbyists and money being used to buy our politicians so that they push environmental policies to hand out more of our wealth and force us to use less natural resources (For the record, I do think we use too many resources) so that those countries can use more of them for themselves.

  15. mpainter says:

    Quite right that the Pat Ravasio link has been dimmed.

    [snip]

  16. kramer says:

    apachewhoknows says January 14, 2013 at 8:37 am:

    The way this bunch has behaved in the past is the way they will behave on this fake e-mail account herein.

    DOJ, DOS, ATF, FBI, DEA all in on the cover up of the Fast and Furious gun running into Mexico and the death of Border Patrol officer Brain Terry.

    DOS, CIA, White House, all in on the cover up and the why of Amb. Stevens death in Bengazie Lybia. Any communiction from any of those rescued from Bengazie yet, no.

    And don’t forget the MK-Ultra program where our government was trying to find ways to control people’s minds such as with drugs and shock treatment:
    http://www.nytimes.com/packages/pdf/national/13inmate_ProjectMKULTRA.pdf

    Interestingly, McGill University were Dr. Ewen Cameron, a scientist who was working on these drug and electric shock experiments were going on, also took money from the Rockefeller Foundation:

    The Department of Psychiatry of McGill University, Montreal, established in 1943 with the aid of another Foundation grant, has become a unit of key importance in the training of personnel to meet the rapidly expanding needs of Canada both in the clinical care of patients and in the development of research and investigation. The department has enjoyed notable growth and success under the leadership of Professor Ewen Cameron. In 11 years the professional staff has increased eightfold. A new psychiatric hospital, the Allan Memorial Institute, has been developed which provides facilities for 250 resident and “day” patients,in addition to a large out patient service. Clinical teaching units have been set up in four nearby hospitals, and five research units dealing with various aspects of mental illness are in active operation. Special attention has been given to the development of”day wards*’ for treating patients who are well enough to return home at night. This arrangement makes it possible to offer special work m occupational therapy and rehabilitation, social adjustment, and even such procedures as insulin and electric shock treatments to large numbers of patients who do not require continuous confinement. The plan has attracted general interest and is now being adopted elsewhere. More than usual attention is given also to maintaining contact with patients after they return to normal life, and the clinic has taken the lead in developing social clubs and other activities for this recovered group. The Foundation has now made a final grant to McGill University of C$45,ooo (about $47,250) to provide tapering support through the period ending February 28, 1959.

    http://www.rockefellerfoundation.org/uploads/files/75f30fd8-a787-465e-9fa6-47c89c37a6d3-1954.pdf

    I don’t know if the Rockefeller money was used for the nefarious testing going on at McGill but I strongly suspect that it was.

    When this came out in the open in the 70s, the head of the CIA destroyed nearly all the documents related to this project. And there were two commissions who investigated it. One of them was the Rockefeller Commission. How convenient was that?…

    So was a drug or another method found that can result in mind control? Yes but I don’t know if it was from these experiments. There is a way with magnetism and with a drug called Scopolamine.:

    http://news.bbc.co.uk/2/hi/health/8593748.stm
    http://www.dailymail.co.uk/news/article-2143584/Scopolamine-Powerful-drug-growing-forests-Colombia-ELIMINATES-free-will.html

    All this makes me wonder if some of the mass murders with guns that have targeted children or kids with their families weren’t by people who were brainwashed by people who want to ban guns. I know its a crazy thought but I find it almost impossible to believe that anybody could snap in such a way as to do what was done in Sandy Hook.

    Sorry to get off topic but my comment was related to the one I quoted. I just added a little factual info….

  17. Mark of OK says:

    OT: Saw this and thought “Huh?” (http://www.foxnews.com/science/2013/01/14/perfect-solar-storm-sun-activity-to-peak-in-2013/) Scare tatics again? I know, consider the source and the outlet….. neither one great, but yet…. here it is. Don’t mean to hijack a thread, but did not see where else to send this in a timely manner. Apologies in advance.

  18. Olavi says:

    Mark of OK says:

    January 14, 2013 at 11:07 am

    OT: Saw this and thought “Huh?” (http://www.foxnews.com/science/2013/01/14/perfect-solar-storm-sun-activity-to-peak-in-2013/) Scare tatics again? I know, consider the source and the outlet….. neither one great, but yet…. here it is. Don’t mean to hijack a thread, but did not see where else to send this in a timely manner. Apologies in advance.
    ______________________________________________________________________________
    That “News” is wery hig brobability >99% bullshit. Solar max is behind and happened 2/12 > 75% brobability. There is allways chance to catastrofic happenigs but dont worry, they are as likely that you die in car accident in your livingroom. You should not believe all you read in newspaper, because first is lie, second emourmous lie, after that comes statistics and if it is not enough there comes the newspapers and other media.

  19. mrmethane says:

    Kramer: Foreign influences? Who needs them when we have all those trusts and foundations, starting with Soros, Rockefeller, Moores, Hewletts, Packards and others willing to ante up for “the cause”. Check out the book “The New Leviathans”.

  20. Doug Huffman says:

    “What if you get nothing today, tomorrow, or the day after?(Yancey Ward says:January 14, 2013 at 8:18 am)”

    Contact the Electronic Privacy Information Center – EPIC.org – they have a fine track record of squeezing FOIA out of FedGov. “A federal judge has vacated provisions in a prior order that would have limited the ability of FOIA requesters to disseminate information to the public. EPIC filed a Freedom of Information Act lawsuit against the Department of Homeland Security after the agency failed to respond to a request for documents…(http://epic.org/2013/01/epic-succeeds-in-fight-against.html)”

  21. MT Geoff says:

    I don’t remember which threads I’ve mentioned this on. The name “Richard Windsor” is also the nom de webbe of a purveyor of BD-SM pornography. That is, I assume it’s a different Richard Windsor. I swear I’m not making that up.

  22. Wayne S. says:

    Have to say I’d be pushing for a cabinet position for Anthony after the revolution.

  23. RobW says:

    So it’s 6:10 PM EDT and zip to report. Hmmm time to exhale that answer of whether they plan to follow the law is clear by now. Right?

  24. Phager says:

    Please see:
    http://cei.org/news-releases/epa-email-release-%E2%80%9Cgravely-compounded-unlawful-activity-we-have-exposed%E2%80%9D

    “Washington, D.C., January 14, 2013 – At about 4:55 p.m. on Monday, the Environmental Protection Agency finally complied with a court order to deliver the first of four sets of emails in response to a lawsuit filed by Christopher Horner, a senior fellow in the Center for Energy and the Environment at the Competitive Enterprise Institute.”

  25. Phager says:

    It appears I posted too soon, as expected the EPA submission has problems:

    “Problems begin with the cover letter, which states not the promised (to the court) first delivery of “approximately 3,000″ but “more than 2,100 emails received or sent” by Jackson, on what EPA insists is her one non-public account.”

    It seems to get worse from there.

  26. Jean Parisot says:

    Every lawyer on that list should be looking at bar sanctions.

  27. Reg Nelson says:

    Sounds like Fast & Furious slow walking all over again. How long before Obama invokes executive privilege?

  28. Brian H says:

    Olavi says:
    January 14, 2013 at 11:44 am

    Mark of OK says:

    January 14, 2013 at 11:07 am

    OT: Saw this and thought “Huh?” (http://www.foxnews.com/science/2013/01/14/perfect-solar-storm-sun-activity-to-peak-in-2013/) Scare tatics again? I know, consider the source and the outlet….. neither one great, but yet…. here it is. Don’t mean to hijack a thread, but did not see where else to send this in a timely manner. Apologies in advance.
    ______________________________________________________________________________
    That “News” is wery hig brobability >99% bullshit. Solar max is behind and happened 2/12 > 75% brobability. There is allways chance to catastrofic happenigs but dont worry, they are as likely that you die in car accident in your livingroom. You should not believe all you read in newspaper, because first is lie, second emourmous lie, after that comes statistics and if it is not enough there comes the newspapers and other media.

  29. Brian H says:

    Olavi says:
    January 14, 2013 at 11:44 am

    That “News” is wery hig brobability >99% bullshit. Solar max is behind and happened 2/12 > 75% brobability. There is allways chance to catastrofic happenigs but dont worry, they are as likely that you die in car accident in your livingroom. You should not believe all you read in newspaper, because first is lie, second emourmous lie, after that comes statistics and if it is not enough there comes the newspapers and other media.

    Sorry for the partial dupe. Browser is acting up.
    Olavi, English is not spelled the way you speak it.
    wery = very
    brobability = probability
    allways = always
    catastrofic = catastrophic
    happenigs = happenings
    emormous = enormous

    The expression you wanted is “because the first is a lie, the second is a damned lie; after that comes statistics, and if that is not enough there come newspapers and other media.”

    You are right to point out that solar max is has already passed. Or it may be a long flat but low plateau this time.

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