Freedom of information request

[Kondratev]

I make this request based upon Section 7.5, Clauses 34-35 of the Legal Code, the Freedom of Information Act:

34. At any time a resident may request the release of any private record from the Government through the Delegate and the designated officers of the Executive.
35. The Delegate and the designated officers of the Executive will retrieve information requested from the different departments of the government.

I request the release of all posts and threads from the Security Council forums to which Flemingovia was granted access as defense attorney for The Swedish Republic of New Kenya. I include specific requests for the release of this thread and this thread.

A court order was previously issued for this information. Flemingovia issued a separate request to the vice delegate, and graciously offered to view this information in private. However, the presiding justice in the case considers this inadequate. In the justice's own words, the government has not complied with the court order:

The court expected the defense to be supplied with a public document, not direct access to private materials.

No legitimate trial in the history of The North Pacific has made judgement based on secret evidence. No rules for secret evidence exist. I don't intend to introduce such on my discretion.

Furthermore, I need to point out the urgency of this request. Flemingovia has had the submission of evidence rejected by the court due to the government's failure to properly comply with the court order at an earlier date. This is particularly egregious when this trial has seen numerous time extensions to the evidence submission phase.

As this is necessary to comply with a court order, and the vice delegate already agreed to provide the information, I see no reason to delay or deny this request.

 

[plembobria]

Request denied. The Delegate has no power, or right, to release the requested information. In clause 30 of section 7.5 of the Legal Code (FOIA) it clearly states:

30. For the purposes of this section "the government" refers to the Delegate and the Executive Officers, including the departments which they oversee.

So your citation of clause 34 is not valid here, since the Security Council is not a part of the executive.

Furthermore, though I may be a member of the Security Council, I still could not release that information. In the ruling In regards to the Judicial Inquiry filed by r3naissanc3r on the Ownership Scope of the Executive Branch, the court ruled that:

As an additional finding, on the matter of ownership, the Court holds that the author of a post owns its content, and posts made while acting in one's capacity as a government official are owned, more broadly, by the respective branch of government within which that capacity falls.

Legally, my discussions in the SC are entirely in my capacity as a member of that body, not as Delegate or member of the executive.

Thus, as Delegate, it would be illegal to release this information. It is not within my authority to do so.