The Heritage Foundation has provided anti-Sussex material to "niche" British papers for months. The American right-wing group teamed up the Telegraph, Mail and other British publications to "file an Freedom of Information Act Request" for Prince Harry’s visa application. They "argued" that Harry had admitted drug use in a memoir and therefore, they should know if Harry acknowledged this drug use on his visa application. Heritage never provided any proof that Harry lied on his visa application or omitted to disclose something. It was a high-level effort to "deport Harry" and to "fish out" the United States. Heritage was granted an American judge's hearing last week. The judge basically sent the FOIA request to the Department of Homeland Security for them to decide if they would comply or not. The judge gave DHS one week to make a decision. DHS decided, "lol no."
The Department of Homeland Security has denied a request from the conservative Heritage Foundation for expedited processing of a Freedom of Information Act request (FOIA). This request was made by the think-tank to release the immigration records of Duke of Sussex.
According to the New York Post, DHS Senior Director Jimmy Wolfrey stated in a letter "to the extent that records exist, the office does not believe there is a public need to disclose sufficient to override a subject's privacy interest." DHS notified think tank on February 2, one week after Judge Carl Nichols of the DC federal court ordered them to respond.
Samuel Dewey, a lawyer for the Heritage Foundation, told the newspaper that the DHS response "shows a shocking lack of transparency on the part of the Biden Administration." We will contest the Department of Homeland Security’s refusal to respond to Heritage Foundation's Freedom of Information Request. We were prepared to fight this case at every stage in federal court, and we will continue to push for transparency and accountability to the American people."
We cannot confirm or deny that any records exist in relation to your Section 3 request, pursuant to FOIA exemptions (b), (6) and (7)(C). According to Inner City Press, the exemption (b)(6) excludes personnel or medical records and other similar files from disclosure if their release would result in a clear unwarranted invasion into personal privacy.
The privacy of individuals in the records that you requested is more important than any public interest. The agency explained that exemption (b)(7)C) only applies to records or information collected for law enforcement purposes. However, it does so only in the event the disclosure of the materials would be a violation of privacy. The agency stated that "to the extent records are available, this office does find the public interest to disclose sufficient to override a subject's privacy rights."
From The Independent
There are some good and bad news. The bad news is that this farcical affair is not over. Heritage has already set up a new hearing to get their hands on Harry’s visa. It's sad that Heritage can use their unlimited resources to target an immigrant who is married to an American woman and has two American children. Forbes reported this week that even if Heritage "proved", Harry's drug usage would make him ineligible to get a visa, Harry would still be eligible for waiver, due to the circumstances of his relationship with Meghan and his two children. The good news is that what Heritage wants, which is the crux of their argument, would be a terrible legal precedent. No judge or federal agency will ever support Heritage in this or similar cases. Heritage acknowledges that they are targeting Harry because he has written a best-selling book and Heritage is using this issue to create media content for British media.
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