For months, the Heritage Foundation has been in the business of providing anti-Sussex content for the “niche” British newspapers. The American right-wing think-tank teamed up with the Telegraph, the Mail and other British outlets to “file a Freedom of Information Act request” for Prince Harry’s visa application. Their “argument” was that Harry admitted to drug use in his memoir, therefore they have the right to know whether or not Harry admitted this drug use in his visa application. Keep in mind, at no point did Heritage provide any evidence that Harry lied or failed to disclose anything on his private visa application. This was always purely a fishing expedition and a high-level attempt to force the United States to “deport” Harry. Last week, Heritage was granted a hearing before an American judge, and the judge basically kicked the FOIA request back to the Department of Homeland Security to decide whether or not they would comply with the FOIA. The judge gave DHS a week to decide. DHS decided “lol, no.”

The Department of Homeland Security (DHS) has rejected a request by the conservative Heritage Foundation to expedite a Freedom of Information Act (FOIA) request by the think tank for the release of the immigration records of the Duke of Sussex.

DHS Senior Director Jimmy Wolfrey wrote in a letter that “To the extent records exist, this office does not find a public interest in disclosure sufficient to override the subject’s privacy interests,” according to the New York Post. DHS notified the think tank on Tuesday, one week after being ordered to respond to the request by DC federal court Judge Carl Nichols.

Heritage lawyer Samuel Dewey told the paper that the reply from DHS “shows an appalling lack of transparency by the Biden Administration. The Department of Homeland Security’s efforts to stonewall the Heritage Foundation’s Freedom of Information request are unacceptable, and we will be contesting their position. We expected to have to fight every step of this case in federal court and will continue to press for transparency and accountability for the American people.”

“We can neither confirm nor deny the existence of any records relating to your request under Section 3, pursuant to FOIA Exemptions (b)(6) and (b)(7)(C). Exemption (b)(6) exempts from disclosure personnel or medical files and similar files the release of which would cause a clearly unwarranted invasion of personal privacy,” DHS wrote, according to Inner City Press.

“The privacy interests of the individual in the records you have requested outweigh any minimal public interest in disclosure of the information. Exemption (b)(7)(C) excludes records or information compiled for law enforcement purposes, but only to the extent that the production of such materials could reasonably be expected to constitute an unwarranted invasion of personal privacy,” the agency added. “To the extent records exist, this office does not find a public interest in disclosure sufficient to override the subject’s privacy interests.”

[From The Independent]

There’s some good news and bad news. Bad news: this farcical exercise isn’t over, and Heritage already has a different hearing set up about getting their hands on Harry’s visa. While I expect that issue to end up the same way – being laughed out of court – it’s painful that Heritage has endless resources to make asses out of themselves and target an immigrant married to an American woman, with two American children. As Forbes pointed out this week, even if Heritage somehow “proved” that Harry’s drug use would make him ineligible for a visa, he still would be eligible for a waiver, given the circumstances of his marriage to Meghan and his children. Good news: what Heritage is asking for, the actual crux of their case, is simply an awful legal precedent and no judge or federal agency would ever side with Heritage in this case or any case like it. Heritage admits that they’re targeting Harry because A) he wrote a best-selling memoir and B) Heritage itself is using the issue to create content for the British media.

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