Senate Republicans are demanding President Joe Biden hand over documents related to his March 2021 executive order directing federal agencies to interfere in state and local elections.
On Wednesday, 13 Senate Republicans sent a letter to Biden requesting his administration forfeit documents related to Executive Order 14019, which required hundreds of federal agencies to interfere in the electoral process by using taxpayer money to boost voter registration and get-out-the-vote activities. As The Federalist previously reported, voter registration efforts are almost always a partisan venture and often involve left-wing groups that abuse their nonprofit status to target likely-Democrat voters.
“First, while we all agree that increased voter participation is a good thing, the job of federal agencies is to perform their defined missions in a nonpartisan way, not use their taxpayer funds for clandestine voter mobilization and election-turnout operations,” the senators wrote. “Second, it seems doubtful that Congress approved all federal agencies to use appropriated funds for the purpose of voter mobilization.”
Under Executive Order 14019, the heads of each agency were required to draft “a strategic plan” explaining how his or her department intends to fulfill Biden’s directive. Despite attempts by good government groups to acquire these plans, the Biden administration has routinely stonewalled such efforts by slow-walking its response to federal court orders and heavily redacting any related documents it has released.
In their letter, Senate Republicans are demanding the White House provide them with copies of these strategic plans, as well as a “full accounting of all federal funding used to-date” to comply with the order, by May 23.
“Therefore, reviewing the agency plans is critical to understanding the degree to which implementation of this order has resulted in improper uses of federal resources,” the senators wrote.
Signatories of the letter include Republican Sens. Bill Hagerty of Tennessee, Mitch McConnell of Kentucky, Deb Fischer of Nebraska, Ted Budd of North Carolina, Rick Scott of Florida, Mike Braun of Indiana, Mike Lee of Utah, Cindy Hyde-Smith and Roger Wicker of Mississippi, Shelley Moore Capito of West Virginia, James Lankford of Oklahoma, Ted Cruz of Texas, Ron Johnson of Wisconsin, and Katie Britt of Alabama.
Most recently, Budd, along with New York GOP Rep. Claudia Tenney, introduced the Promoting Free and Fair Elections Act, which, in addition to requiring federal agencies to disclose their strategic plans to Congress, would prohibit federal agencies from using federal funds to “solicit or enter into an agreement with a nongovernmental organization to conduct voter registration or voter mobilization activities.”
The bill would furthermore amend the Higher Education Act of 1965 to bar public universities from using taxpayer-funded Federal Work Study programs to pay college students to engage in voter registration campaigns. In April 2022, the Biden administration told colleges they could use work-study funds to partake in such activities. Having taxpayers fund get-out-the-vote efforts in this way had previously not been allowed.
Shawn Fleetwood is a Staff Writer for The Federalist and a graduate of the University of Mary Washington. He also serves as a state content writer for Convention of States Action and his work has been featured in numerous outlets, including RealClearPolitics, RealClearHealth, and Conservative Review. Follow him on Twitter @ShawnFleetwood
After several executive agencies in the Biden administration were sued for refusing to comply with Freedom of Information Act requests from conservative advocacy group Citizens United over the White House’s attempt to federalize elections, the Department of the Interior’s (DOI) Bureau of Indian Affairs finally turned over its first batch of requested documents. There’s one problem: More than half of the 54-page document is completely redacted.
“The Biden administration is the least transparent in history, and these absurd redactions are just the latest example. What are they trying to hide from the American people?” Citizens United President David Bossie told The Federalist.
As The Federalist previously reported, in March 2021, President Joe Biden issued an executive order directing hundreds of federal agencies to engage in a federal takeover of election administration. It also permitted federal agencies to work with “nonpartisan” third-party entities to get voters registered, yet left-wing dark money group Demos publicly admitted it’s worked with federal agencies, “in close partnership with the ACLU and other allies,” to advance the aims of Biden’s directive.
Such an order set off alarm bells among Republicans and good government groups, reminiscent of the widespread takeover of government election offices by Democratic activists and donors in the blue counties of key swing states during the 2020 presidential election. Through their infiltration of state and local offices, Democrats were able to conduct partisan get-out-the-vote operations and swing the election in then-candidate Biden’s favor. This order is a taxpayer-funded version of that effort, turning federal agencies — including those that dole out federal benefits — into voter registration hubs and partisan get-out-the-vote centers.
Citizens United wanted to find out more about it, which is why last June, it filed FOIA requests with the DOI and State Department seeking email and text messages that mentioned both the executive order and the Hatch Act, a law that prohibits executive branch employees from engaging in election activities. When the agencies failed to comply, Citizens United sued. On Jan. 31, DOI sent its first round of documents per Citizens United’s request.
But the 54-page PDF sent to Citizens United is mostly redacted, save for logistical emails between White House staff and agency department heads. The plan and implementation scheme for the “Promoting Access to Voting” executive order itself are completely redacted.
In a cover letter sent with the documents, the Biden administration defended the redactions under U.S.C. § 552(b)(5), which allows agencies to withhold information under the “Presidential Communications Privilege” (exists to ensure “the President’s ability to obtain candid and informed opinions from his advisors and to make decisions confidentially”) and the “Deliberative Process Privilege” (“protects the decision-making process of government agencies and encourages the frank exchange of ideas on legal or policy matters”).
But according to Jason Foster, president and founder of Empower Oversight, a transparency and government accountability group that frequently files FOIA requests, these redactions are a prime example of the federal government’s blatant over-redacting and censorship.
“Federal bureaucrats do everything in their power to conceal information from the public,” Foster told The Federalist. “Whether it’s over-classification or improper redactions and stonewalling Freedom of Information Act requests, they instinctively err on the side of hiding information to avoid embarrassment, conceal misconduct, or cover up corruption. It’s up to Congress to reform the FOIA process, and in the meantime, it’s up to independent organizations to sue aggressively to force the federal government to comply with transparency laws.”
While good government groups can sue over improper redactions, this process can usually take about a year to uncover just one document from a series of files, those familiar with the matter said. Now that Republicans control the House of Representatives, however, they have the power to compel the federal government to produce non-redacted versions of requested documents, a Citizens United official told The Federalist.
During the 117th Congress, nine House Republicans wrote a letter to the White House raising concerns about the executive order, specifically regarding the fact that the order supplants the authority of the states to set election law and administer elections under the Constitution. When asked about the Biden administration’s secrecy over its election’s directive, Freshman Rep. Harriet Hageman, R-Wyo., who chairs the Natural Resources Subcommittee on Indian and Insular Affairs, echoed her colleague’s sentiments.
“Everyone should have concerns about this executive order and the involvement of any federal agency in our election process,” Hageman told The Federalist. “First and foremost, elections are the constitutional responsibility of the states, not our federal bureaucracy. This is yet another example of the federal government overstepping its authority and infringing upon states’ rights. Even if this order was well intended — and I have serious doubts that it was — it is unconstitutional.”
Hageman emphasized that the White House cannot get away with such extensive redactions of election-related processes.
“Large-scale redactions are not in the spirit of the Freedom of Information Act,” Hageman added. “This is one of the few tools we have to hold our government accountable. Are we to accept that the information is classified to such an extent that the document is unable to be coherently interpreted? Sunshine is the best disinfectant, and the federal government cannot be allowed to continue to obscure and obstruct.”
Of particular interest in the 54-page document is a draft letter on page 32 from Indian Affairs Assistant Secretary Bryan Newland to White House Domestic Policy Advisor Susan Rice, formerly President Obama’s national security advisor and “right-hand woman” who is known for her involvement in spying on the Trump campaign in 2015 and lying about it. In that role, she also spread lies about the terrorist attack on the U.S. consulate in Benghazi, helped Obama staffers target Trump’s incoming National Security Advisor Michael Flynn, and turned a blind eye to the Biden family’s foreign business affairs.
One line in the draft letter reads: “The plan promotes voter registration and voter participation (REDACTED) and the Department’s agency action to achieve these objectives.” The redacted portion might point to a Hatch Act violation, a Citizens United official told The Federalist.
“These documents relating to the Biden White House’s efforts to turn the federal workforce into a partisan voter registration committee must be released to the public in their entirety,” Bossie said. “Congress must investigate this executive order to see if the Biden Administration is violating the Hatch Act on a massive scale.”
When asked why the Interior Department isn’t being transparent with the public about Biden’s federal takeover of elections, the Bureau of Indian Affairs referred The Federalist to the U.S.C. § 552(b)(5) exemptions in the cover letter sent to Citizens United.
Victoria Marshall is a staff writer at The Federalist. Her writing has been featured in the New York Post, National Review, and Townhall. She graduated from Hillsdale College in May 2021 with a major in politics and a minor in journalism. Follow her on Twitter @vemrshll.
Governors and other state officials don’t have to stand idly by as the Biden administration plots a federal takeover of elections. That’s the message being sent by the heads of two good government groups in a new memo to state officials.
“The Biden administration wants to use federal government resources for political, get-out-the-vote purposes, and it’s up to strong leaders in state and local government to stop them,” wrote Russ Vought of the Center for Renewing America and Tarren Bragdon of the Foundation for Government Accountability. “We strongly urge those in positions of power to stop President Biden’s power grab and act soon.”
Biden issued an executive order on March 7, 2021, directing all 600 federal agencies to submit a plan to the White House to increase voter registration and turnout. Many agencies subsequently developed a plan to turn federal facilities, particularly those that deliver federal benefits, into voter registration agencies.
For example, Housing and Urban Development is trying to turn assisted housing centers into get-out-the-vote hubs. Health and Human Services is doing the same with its public health centers. Even as labor problems are out of control, the Department of Labor is turning its American Job Centers into voter registration agencies.
The agencies are allowed to work with voting groups approved by left-wing partisans in the White House, reminiscent of the Zuckerbucks plot to destabilize the 2020 election by running get-out-the-vote operations in the Democrat areas of swing states.
It’s a “backdoor approach that’s designed to ensure Democratic victories at the polls in 2022 and beyond,” Vought and Bragdon wrote.
The two recommend that state officials take action to prevent Biden’s plot. Since the National Voting Rights Act provides states the authority to designate voter registration agencies beyond those already required by federal law, the federal government cannot designate additional agencies without a change to federal law enacted by Congress.
So when federal agencies send “guidance” memorandums to state agencies about turning federal benefit centers into voter registration agencies, Vought and Bragdon recommend state officials contact those agencies and “order them not to implement that guidance because it is illegal at worst and unethical and partisan at best.”
Further, they remind states that they can issue a gubernatorial executive order or the legislature can pass a law or resolution prohibiting state agencies from applying to become voter registration agencies.
“With increasing brazenness, President Biden is taking advantage of a loyal federal bureaucracy to wield the power and influence of the federal government to influence elections by increasing Democratic voter registration and turnout,” write Bragdon and Vought. They say the actions are particularly troubling given recent lawsuits filed by the Department of Justice against conservative efforts to fortify election integrity and make it more difficult to cheat.
Mollie Ziegler Hemingway is the Editor-in-Chief of The Federalist. She is Senior Journalism Fellow at Hillsdale College. A Fox News contributor, she is a regular member of the Fox News All-Stars panel on “Special Report with Bret Baier.” Her work has appeared in the Wall Street Journal, USA Today, the Los Angeles Times, the Guardian, the Washington Post, CNN, National Review, GetReligion, Ricochet, Christianity Today, Federal Times, Radio & Records, and many other publications. Mollie was a 2004 recipient of a Robert Novak Journalism Fellowship at The Fund for American Studies and a 2014 Lincoln Fellow of the Claremont Institute. She is the co-author of Justice on Trial: The Kavanaugh Confirmation and the Future of the Supreme Court. She is the author of “Rigged: How the Media, Big Tech, and the Democrats Seized Our Elections.” Reach her at mzhemingway@thefederalist.com
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