CHARLESTON – The nonpartisan group has filed a lawsuit claiming U.S. Attorney for the Southern District of West Virginia Mike Stuart failed to respond to a Freedom of Information Act request.
West Virginia chapter of Americans for Prosperity Foundation filed the complaint July 9 in U.S. District Court for the District of Columbia against the U.S. Department of Justice. It says the AFPF made a FOIA request regarding a public service announcement conducted by Stuart’s office that it claims advocated against state-level lawmakers’ successful efforts to begin reforming West Virginia’s broken criminal justice system.
“One of the most important traits of our republic is allowing the public access to information regarding decisions made by government officials,” APF-WV State Director Jason Huffman said. “Failure to produce records when requested runs counter to an open and transparent government, which is essential for protecting and upholding our constitutional rights.
Huffman
“In this instance, we are seeking to learn more about the decision of an unelected federal bureaucrat to spend taxpayer money advocating against state-level policy decisions. This information we’re seeking is clearly within the parameters of a FOIA request. It is imperative that the government provides citizens their rightful access to this information so they can see how their tax dollars are being spent.”
Stuart dismissed the lawsuit, calling it frivolous.
“I am not going to comment on this frivolous lawsuit,” Stuart told The West Virginia Record. “This is merely a personal attack against a very successful U.S. Attorney. We understand that if you’re uber successful as I’ve been as U.S. Attorney, you’ll always be the target of personal attacks. I take it as a tremendous compliment.”
According to the complaint, Stuart’s office ran radio ads “opposing criminal justice reforms in West Virginia.”
“The ad argues that law enforcement is effectively fighting crime but not because ‘we’re hugging the bad guys’ and warns ‘bail reform and other social justice initiative threaten to reverse course,’” the complaint states. “It adds that ‘revolving doors from arrests to the street only embolden criminal activity.’ It imagines that ‘there’s only one way to kill a snake, you gotta take the head completely off.’
“The ad concludes with ‘this is no time to go soft on crime.’ The narrator identifies himself: ‘I’m Mike Stuart, the United States Attorney for the Southern District of West Virginia, and I’ll keep fighting for us to keep winning.’”
The complaint says Stuart’s office also issued a press release about the public service ads, which were ran during the legislative session when lawmakers were “considering several important bills, some of which touched on issues in Stuart’s narrative.”
“Many of these reform bills passed the state Legislature, aiding citizens and helping to re-integrate people into society,” the complaint states.
The group says it sent a FOIA request April 1 seeking more information about the ads, including any emails from Stuart and his direct reports about the ads, any emails from Stuart and his direct reports to members of the Legislature, staffers or the governor and his staffers. They also sought information about the cost of the ads and money used to pay for the ads.
On April 3, the Department of Justice denied the request. The request was re-opened, but no information has been released to the group as of today’s filing.
The AFPF requests an order for the DOJ to process the FOIA request and produce all responsive records. It also asks the court to make sure the DOJ complies with the order. It also seeks court costs, attorney fees and other relief.
The AFPF bills itself as a nonpartisan organization committed to educating citizens about the value of limited government and a free market economy.
The group is being represented by its attorneys Eric R. Bolinder and Ryan P. Mulvey.
U.S. District Court for the District of Columbia case number 1:20-cv-01848
