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Mark Levin suing EPA over documents requested months ago

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    Legal panel weighs in on the case

  • Duration 6:18
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Kelly's court is back in session in an early version today on the docket a major lawsuit for the Obama administration.

Syndicated radio talk show star mark -- then.

Who also also was the Department of Justice chief of staff under President Reagan.

Has filed a lawsuit through a group that he runs against what he is calling an out of control and unconstitutional.

EPA.

They are suggesting that the EPA is about to unleash a host of new rules and regulations right after the election.

That they allege will create had -- No matter who wins at this election.

We're fighting an administration that has no regard for the rule of law in my humble opinion whatsoever.

And it's gonna -- to -- continue to push the edge of the envelope.

And this is why.

Folks more than anything -- Obama needs to be defeated in these people need to be thrown the hell out of office.

Joining me now David wall defense attorney and former prosecutor and attorney just build more defense attorney former prosecutor all right thank you.

So David what is it look what is women's point where and why does he believe the EPA is about to unleash a bonds -- bunch of regulations on us -- you know.

No matter who wins on November 6.

-- it's it's basically consumer fraud lawsuit that he's bringing.

It's based upon their past -- the past several years -- PA is outsourced hundreds of millions of dollars of taxpayer dollars that is.

And making -- measures such as promoting green industry in China and Russia in Mexico.

They have decided to promote -- did millions of dollars to pig farmers to decide how they can recapture methane gas and converted -- -- energy.

May it goes on there -- Interpol has been given a 150000.

Dollars.

To allow them and I'm quoting here how to job and recapture people were engaging in carbon.

Fraud carbon trading fraud whatever that is so it's consumer fraud -- these FOIA lawsuits are highly political.

And don't count anything being released soon but I congratulate him.

For doing this.

They talk about in the lawsuit how Bakken and -- earlier this is last year and a New York Times report came out talking about how.

The president F three EPA was planning on tightening of the regulations.

About what can be released into the ozone but allegedly told his EPA administrator Lisa Jackson.

Don't do it until after the election.

And he -- -- point seems to be.

What the American people deserve to know what they're facing after the election.

Before the election and so he submitted a document request to the EPA and Freedom of Information Act request.

And even if you don't believe with the premise of what he's alleging are what what they wrote in the air times -- Obama's getting ready to do that.

Doesn't alleviate have to comply with FOIA requests and they are making a request DJ probably every government agency gets inundated with FOIA request -- just the people -- boy is the method by which.

The general public like me to get their hands on certain information that's provided by the government.

There are rules to that and it according to -- in -- he made the request via boy -- that's fine but you don't get the documents like that.

The Indian government agency has to tell you were going to give -- the documents but then they get time to actually produce that.

They document that he wants are going to be available for public notice on January 20.

Anyway I'm so lenient like -- but what I -- -- -- to respond to a FOIA request David isn't it -- -- -- tiger Levine says he's been waiting 65 days.

Ordinarily -- in every state has a boy a lot to an ordinarily it's ninety days Megan and that time has passed so we filed the lawsuit.

But a dot I mean this is so political may -- obviously -- -- -- control has tremendous control over documents and release and it did.

XP has -- -- and -- -- -- basically need to get him if he can prove it's a matter of current taxing agency to the American public.

Is absolutely we'll pick it up and the other side of the break.

The background -- on -- allegedly EPA's and a -- these regulations.

To tightening restrictions on what can be put out in the environment and this is gonna hurt certain industries and possibly cost -- jobs.

But but the belief is that it may clean up the environment but cost jobs and according to some Republicans.

They say that the administration has said look.

It it's more concerned with the environment saying quote what are the health impacts of unemployment.

-- -- this point is the American people deserve to know.

Whether their jobs are gonna be endangered -- it -- for the sake of the environment and if so they should know that before November 6 -- make political argument like that persuasively in court David.

While he's and he actually even getting corporate absolutely -- with the back drop of the green industry being catastrophic failures such as Solyndra.

Don't American voters have the right to know.

What types of policies are going to be implemented are hundreds of millions of dollars can be sent to China Russia and India.

And we will lose complete control over that money.

Are taxpayers concerned about that -- -- have a right to know that they're gonna lose control over that kind of outsourcing of their tax dollars absolutely and they should know before the election and that's why he's desperately filed this lawsuit in an attempt to get this information out so voters have a choice -- formed when they go to the polls.

-- and I'm back in 2011 John the National Journal quoted some quote insider.

Affiliated I guess for the Democrats by saying quote the only decision metric that matters for the next fourteen months is Willis help us get reelected.

Ever regulatory decision is a liability we should fully expect the administration to delay it until November 7.

I mean Mike that persuade a judge may be a Republican appointee if they can get dinner in front of them and well it will it get in front of this such a judge since this is an administrative argument.

You know I don't know if they'll get in front of the judge in time when you talk about whether this is a matter of public exigencies of one of the things on eleventh agenda is that he wants the people know that part of EPA's plan going forward is to quote make a minority communities green c'mon what is wrong with Clinton -- recycle -- in the -- didn't come neighborhood that's not a matter of public.

Exigencies that's something that's going to happen the future but that doesn't need to be known before the elect and -- he's got to prove that it's really it's urgent that we that we learned this in order to get that expedited release of the documents we'll follow it thank you panel think.

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