It’s Not the Crime, It’s the Cover-up
In the latest turn in the Salaita affair, Ali Abunimah has filed a public records request with the University of Illinois, which the University has not complied with. Raising suspicions of…
The University of Illinois at Urbana-Champaign says it cannot find a key document that may shed light on donor pressure and organized efforts to convince top administrators to fire Steven Salaita for his criticisms of Israel.
The Electronic Intifada requested the document – a memo on Salaita’s views handed to Chancellor Phyllis Wise by a major donor – under the Freedom of Information Act.
However, an 18 September letter from the university informed The Electronic Intifada that “no records responsive to your request could be located.” Under Illinois law, Wise is required to preserve the document as a public record.
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The existence of the document in question was revealed in a 24 July email (see below) Wise sent to the university’s senior fundraising staff reporting on a meeting she had with what appears to be a major donor…In the email, Wise writes (emphasis added):
He said that he knows [REDACTED] and [REDACTED] well and both have less loyalty for Illinois because of their perception of anti-Semitism. He gave me a two-pager filled with information on Steven Salaita and said how we handle this situation will be very telling.
This “two-pager” is the document that was requested by The Electronic Intifada and that the university now claims it cannot find.
Maria LaHood, senior staff attorney at the Center for Constitutional Rights (CCR), which is part of the legal team representing Salaita, expressed skepticism toward the university’s claim that it cannot locate the document.
“It is hard to believe that Chancellor Wise would have thrown out the two-pager on Professor Salaita given to her by a donor at a meeting that was important enough for her to email details about to top Illinois fundraising officials at midnight, unless there’s a reason she didn’t want it to be made public,” she told The Electronic Intifada.
“The two-pager might indicate a more organized effort to go after Salaita, and it will be one of the many documents we’ll seek in litigation,” LaHood added.
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Under the Illinois State Records Act, documents received by Wise and the university are the property of the state. As a public official, Wise is legally required to preserve such records, which may not be disposed of except under conditions set out in the law.
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The Electronic Intifada has filed a request with the Public Access Counselor at the office of the Illinois Attorney General to review the facts and law surrounding the University of Illinois’ failure to release the “two-pager” on Steven Salaita handed to Chancellor Phyllis Wise by a pro-Israel donor.
The request notes that under the Illinois State Records Act, Wise, a public officer of a state agency, is legally required to preserve the document in question and the university is legally required under the State Records Act and the Freedom of Information Act to produce the record for public inspection.
As the State Records Act states:
All records made or received by or under the authority of or coming into the custody, control or possession of public officials of this State in the course of their public duties are the property of the State and shall not be mutilated, destroyed, transferred, removed or otherwise damaged or disposed of, in whole or in part except as provided by law. Any person who knowingly and without lawful authority alters, destroys, defaces, removes, or conceals any public record commits a Class 4 felony.
Such felonies may be punishable by a term of imprisonment.
Given the facts set out in the post above and provided to the Public Access Counselor, the request asserts that “reasonable suspicion exists that a public record has been disposed of without lawful authority.”
The Public Access Counselor is an office established by law to help enforce the Illinois Freedom of Information Act and the Open Meetings Act.
“Working under the direction and supervision of the Attorney General and with a team of attorneys and professional staff, the Public Access Counselor’s mission is to help people obtain public documents and access public meetings,” according to the Attorney General’s website.