WASHINGTON — DC Attorney General Karl Racine is asking a judge to throw out a lawsuit alleging the police department is keeping a watchlist of reporters, lawyers, and politicians it doesn't like -- and then refusing to release information to them.
The response from Racine filed Friday in federal court suggests even if the Metropolitan Police Department is keeping a list, it doesn't violate the Constitution.
"I'm very offended anyone would put me on a watchlist, just for asking questions!" ANC Commissioner Anthony Lorenzo Green told the mayor when news of the list first broke last month.
Mayor Muriel Bowser promised to order her department heads not to single out people for their political views. "They have to deal with all FOIA requests expeditiously. And they should be agnostic to who the questioner is," she said.
But now Racine says in a legal response defending MPD that "The First Amendment has only been found to provide a right to government documents in very limited circumstances, none of which apply here."
"The Complaint should be dismissed with prejudice."
"I am a little surprised by this response, honestly. .... They appear to say that even if this is the District's policy, it's justified to prepare the chief for some sort of press criticism he doesn't expect. And that's just not the law," said Charlie Gerstein, a lawyer for the plaintiff.
He plans to oppose the motion to dismiss the case.
Amy Phillips, who brought the lawsuit in February, said MPD turned her down "flat," when she filed information requests on police officer discipline. She believes she's on a watchlist. "It's scary to think I'm receiving special attention by the police," she said.
Also allegedly on the list is WUSA9 chief investigative reporter Eric Flack, who still hasn't received a response to several FOIA requests filed four years ago.
"We can't work with you, I'm sorry," former DC Police Chief Peter Newsham told Flack in 2018 when he tried to ask him about the department's controversial stop and frisk practices. "I think you heard what I said," Newsham said when Flack continued to press him.
Amy Phillip's lawsuit alleges MPD is still keeping that watchlist. D.C.'s Attorney General insists that sheer speculation. If the judge lets the lawsuit proceed, we may find out for sure.