A week ago I followed the example of fellow blogger Maggie Thurber from Ohio in submitting a Freedom of Information Act (FOIA) request to my representative in Congress. We wanted to discover the count of calls for and against the “Cap and Trade” bill voted on by our members in Congress on June 26.
Both Maggie and I were aware of a number of callers against this bill and wondered how many called in favor and how many called opposing the bill. We knew many opposed the bill because of the increased taxes and regulations the bill would impose, especially in a time of a depressed economy.
Many feared the bill would kill jobs and result in a loss of freedom. For example, do you want to be forced by Congress to make changes to your house before you can sell it? Do you want Congress trying to limit how much time you can spend in the shower?
Why would Congressman Moore from Kansas and Congresswoman Kaptur from Ohio vote for a bill if a large majority of their constituents opposed the bill?
On July 3 I sent my FOIA request via E-mail to Congressman Dennis Moore’s office, and followed up with faxed requests to his Overland Park and Washington, DC offices.
I was surprised to receive a response by mail from Congressman Moore’s office so quickly on July 11, but I was not happy with the content of the response.
Congressman Moore simply said Congress was exempt from any open record requests under FOIA:
The attachment sent to me by Congressman Moore’s office was this interesting background information: Access to Government Information In the United States.
How convenient it is for Congress to exempt themselves from FOIA laws they impose on other federal government agencies. Apparently only these federal departments and agencies must comply with FOIA requests.
While Congressman Moore by law was not required to provide the information I requested, he freely chose to ignore my request and withhold the information. He was free to release the information if he wanted to. I’m a bit surprised he did not give any information about why he voted for “cap and trade” as part of his reply to my FOIA request.
His reply says his “office does not release information on constituent contacts.” But my request was simply for the number of calls for and the number against the “cap and trade” bill. I requested no personal information about any of his constituents. What is Congressman Moore hiding by not releasing the two numbers I requested? Why couldn’t Moore release percentages if he didn’t want to reveal the exact number of counts of calls on the “cap and trade” bill?
I attended Congressman Moore’s “community office hours” in Olathe on March 14th. I filled out the contact information and was #20 in line to talk to Congressman Moore. When that meeting was interrupted by protestors Congressman Moore told all of us we would receive a call from his office to setup a new meeting time so we could ask our questions. I’m still waiting for that call.
Apparently, Congressman Moore is not receptive to input from his constituents — except perhaps on election day.
Related:
- If You Don’t Hate the Cap and Trade Bill, Let Me Show You Section 304, American Issues Project, July 8, 2009.
- Kaptur refuses to release info on calls for/against cap and tax bill, Thurber’s Thoughts, July 3, 2009.
- Freedom of Information Request to Congressman Dennis Moore about “Cap and Trade,” Kansas Meadowlark, July 3, 2009.
- Career Suicide for Cap and Trade “Yes” Votes?, YouTube video by American Free Media, June 28, 2009.
Tags: Cap and Trade Bill, Congress, Dennis Moore, FOIA, Freedom of Information Act, Marcy Kaptur



I sent an email to Rep Moore expressing my opinion on the bill. Are those tracked the same way as phone calls?
I tried writing to a few congressmen and senators to politely ask exactly what evidence convinced them global warming was a crisis that needed an immediate solution. No answers.
With regard to mail, his website provides as follows:
Warning: Washington, DC mail delivery is delayed.
Due to heightened security all correspondence sent through Congressional Mail Processing Facilities is scanned for chemical, biological and radiological contaminants. This significantly slows delivery.
I encourage constituents to contact my offices through phone, fax or e-mail.
If you are hearing or speech disabled and would like to contact one of my offices you can use a service provided by the Kansas Relay Center by first dialing 1-800-766-3777. More information about this service can be found at the Kansas Relay Center
E-mail
Please use the form below to contact me via e-mail. I am only accepting e-mail correspondence from my constituents in the Third District of Kansas. The form below will help to verify that your ZIP code is within the Third District. You may also use the Write Your Representative service provided by the House of Representatives.
Asterisks indicate a required field.
Mr. Ms. Mrs.
Name*:
Zip*: +4 :
The only answer I’ve gotten from Congressman Moore has been a form letter. I ask specific questions like, “Did you read the bill?” and I get form letters that don’t even remotely address the issue at hand. He knows he can do whatever he wants because the voters won’t hold him accountable. Until voters make it clear they won’t take it anymore, he’ll continue with the same behavior.
We can’t change one’s “ethics”, but we can “vote” them out!
Time for all Kansans to unite, rally in front of his office. He is not supporting Kansans and we only have the rights we are willing to fight for. His grade card with immigration is poor as well, it’s time we have a Congressman that cares about their constituents!
http://www.national912petitions.com/
Sign the petitions on The National 912 Project, this is a great coalition to join, it’s time Americans inform our elected officials how we feel. There are hardly any Kansans speaking out on these issues, to include the Health Care Reform, Cap and Trade, etc.
Kansans speak out!