On May 30, 2013, OSC Special Counsel Carolyn Lerner informed Judicial Watch that because Emanuel and Messina had left government employment, “the complaints against Mr. Emanuel and Mr. Messina have been closed without further action.” In a June 28 letter to Lerner Judicial Watch responded that the OSC had failed to take any action throughout the period they had remained federal employees – Emanuel for three months and Messina for seven months, which was a sufficient amount of time after the original complaint had been filed for OSC to have taken action. Judicial Watch also questioned the “rule” under which OSC claimed they do not investigate wrongdoing after employees leave government employment.
Ironically, the Office of Special Counsel against which Judicial Watch has now filed a FOIA lawsuit is charged with investigating charges against federal agencies that have allegedly violated FOIA regulations. According to 5 U.S. Code § 552, “the Special Counsel shall … conduct an investigation of any allegation concerning …arbitrary or capricious withholding of information prohibited under [FOIA] …”
“It is shameful that the Office of Special Counsel, which is supposed to enforce corruption and transparency laws, is covering up this Obama bribery scandal,” said Judicial Watch President Tom Fitton. “It is corrupt and illegal to offer federal jobs to help political campaigns as the Obama White House did (with the help of the ethically-challenged Bill Clinton).”