close X

Archives for 2015

09/18/2015

Weekly Rundown 9-18-2015

Cause of Action in the News:

Politico – GOP senators want to talk to Clinton tech staffer’s boss

On Monday, Cause of Action sent a letter to the Inspector General of the State Department asking for an investigation into the off the books way Hillary Clinton paid for the management of her private server.  We aren’t the only ones trying to get to the bottom of this.  Two senators want to dig deeper into the staffer who was managing the server.  Hopefully, with all the pressure being applied to the State Department the American people will start to get some answers.

POGO – FOIA Fee Waivers Protected

The US Court of Appeals unanimously agreed with Cause of Action, confirming that federal agencies cannot use fees to prevent releasing documents requested under the Freedom of Information Act.  It was decided by the court that the only requirement for FOIA requests concerning the requester’s use of the documents is that they must “enlighten more than just the individual requester.”  This is great news for anyone who wants to see a more transparent federal government.

In Other News:

Washington Examiner – Email scandal defining Clinton campaign

When people think of Hillary Clinton they seem to focus in on one thing in particular, her email scandal.  In a Gallop poll, when asked about what sticks out when they read or hear about Hillary Clinton, of 750 adults “email” was mentioned 329 times in a few different ways including “email”, “email scandal” and “that email thing”.

Fox News – GOP lawmaker moves to impeach EPA chief McCarthy

Arizona Rep. Paul Gosar claims that the head of the Environmental Protection Agency lied to Congress.  He said “McCarthy not only broke the law by lying to Congress, but in doing so she also lied to the American people in order to force misguided and overreaching regulations, which have no scientific basis, down our throats.” Because of her perjury the Representative says that Administrator McCarthy should be impeached.

Forbes – IRS Gets Sued Over Bonuses To Lois Lerner

The IRS scandal continues.  Pleading the Fifth, missing email, fake email accounts have all been a part of the drama that has been plaguing the IRS.  Now they have a lawsuit under the Freedom of Information Act on their hands over bonuses they gave out right after the nonprofit targeting became public knowledge.  Of the $70 million in bonuses given out Lois Lerner received $42,000.

Daily Caller – Hillary Clinton Emails Have A FIVE-Month Gap

After testifying that she had turned over all required emails, former Secretary of State Hillary Clinton may have missed a couple months.  There have been claims that there were five months of emails missing from what was turned over by Mrs. Clinton.  The State Department has responded to those claims saying that there aren’t any gaps, those documents just haven’t been released yet and will be released in the future.

Media, News Learn More
09/15/2015

Meet John Yates of Yates v. United States

On February 25, 2015, the Supreme Court ruled that John Yates, a commercial fisherman, could not be prosecuted under a financial-fraud law [18 USC §1519] for catching undersized red grouper.

Cause of Action, together with the Southeastern Legal Foundation and the Texas Public Policy Foundation, filed a brief in support of Mr. Yates arguing that upholding the conviction would mean a potential twenty year federal prison sentence for anyone who conceals evidence of a surfboard being used on a beach designated for swimming, throws away a bag of chips from a workplace restroom prior to an OSHA inspection, or discards an empty container of medicine purchased from a foreign pharmacy.

Media, News Video Learn More
09/11/2015

Weekly Rundown 9-11-2015

Cause of Action in the News:

Columbia Journalism Review – A pair of court decisions bring good news for FOIA users

Cause of Action is still working hard for a more transparent government.  Two court decisions were made that help specify who qualifies for Freedom of Information Act fee waivers.  Our hope is that with this new accessibility, we will see more people looking into the actions of the federal government and holding them accountable.

Law 360 – FCA Suit Against Chicago Transit Not Barred, 7th Circ.

On Thursday, Cause of Action told the 7th Circuit Court of Appeals that the Chicago Transit Authority (CTA) should be taken to task for overbilling the federal government up to $55 million as the government’s potential knowledge of the false practice did not bar the False Claims Act suit.  During oral arguments Thursday, Cause of Action in-house attorney David Fischer urged the appeals court to overturn a district court ruling that the public disclosure bar prevented Cause of Action from bringing an FCA suit against the CTA.  This lawsuit arises from our investigation into the CTA’s long-standing practice of misreporting data used by the Federal Transit Administration to allocate federal grant funds.

Yates v. United States

 

Cause of Action, together with the Southeastern Legal Foundation and the Texas Public Policy Foundation, filed a brief in support of Mr. Yates arguing that upholding the conviction would mean a potential twenty year federal prison sentence for anyone who conceals evidence of a surfboard being used on a beach designated for swimming, throws away a bag of chips from a workplace restroom prior to an OSHA inspection, or discards an empty container of medicine purchased from a foreign pharmacy.

In Other News:

USA Today – Hillary Clinton: ‘I’m sorry’ for personal email at State Department

“That was a mistake. I’m sorry about that. I take responsibility.”  Hillary Clinton has finally apologized for using a personal email server and continues to say that she is trying to be as transparent as possible.  However, she also continues to say that she hasn’t done anything wrong.  The presidential hopeful believes that she will eventually rise above this email scandal thanks to all of her prior experience with DC politics.

Free Beacon – America Rising Demands State Dept Transparency Czar Resign for Donating to Hillary Clinton

Secretary of State John Kerry has chosen a “transparency czar” to help with all of the FOIA requests the State Department has been receiving.   However after just 2 days there have been demands for her resignation.  The reason?  Janice Jacobs, former diplomat who was given the position, donated the maximum $2,700 to Hillary Clinton’s presidential campaign in June.

Fox News – State Department only turns over fraction of requested documents about Clinton aide

The State Department continues to delay turning over Hillary Clinton’s emails even after the emails have been identified by a federal judge as relevant to an Associated Press FOIA request.  The emails are about the hiring of Huma Abedin, a longtime aid to Hillary Clinton.  This action continues a long history of delay in regards to FOIA requests submitted to the State Department.

Media, News Learn More
09/4/2015

Weekly Rundown 9-4-2015

Cause of Action in the News:

Forbes – Court Orders IRS To Reveal White House Requests About Taxpayers

Cause of Action won a major victory for the American people and their right to know what is going on in their government.  A federal judge has ruled that the IRS cannot use taxpayer privacy laws to cover up activity that harms those taxpayers.  The IRS must now go through the records it previously refused to release.

Wall Street Journal – Miles From Nowhere (An update on the IRS scandal.)

A lawsuit by Cause of Action has led to a court ruling require the IRS to go through documents it had previously refused claiming it violated taxpayer confidentiality laws.  The documents they must search include “any communications by or from anyone in the Executive Office of the President constituting requests for taxpayer or ‘return information’ ”.  Hopefully, this ruling will help us to shed some light onto “the most transparent administration in history.”

In Other News:

The Hill – 7,000 pages of Clinton emails released

After a court order, the State Department released 7,000 more pages of Hillary  Clinton emails. Over 100 have already been identified as containing classified information, although the State Department claims they were not marked as classified when they were sent.  Several of these emails contain information about former secretary of state Clinton’s work with foreign governments.

Politico – Ex-Clinton staffer who set up email server to invoke Fifth Amendment

An ex-Clinton staffer is following in the steps of Lois Lerner.  Bryan Pagliano has been subpoenaed by the House Benghazi Committee to testify about his role in the setup of Hillary Clinton’s personal server and turn over any related documentation.  His attorney has asked that they excuse Pagliano from testifying and informed the committee that Pagliano will plead the fifth and has refused to turn over any documents.

The Hill – Congress should protect small business from IRS overreach

As the power of the IRS grows, small businesses and non-profits have continued to suffer. The IRS has used audits as more of a weapon then as an independent inspection.  The IRS has also been forcing companies to turn over a great deal of personal information, which according to tax law is not necessary. Congress needs to step in and protect the American people from the long arm of the IRS.

Wall Street Journal – The EPA’s Next Big Economic Chokehold (Lowering ozone—from cars, trucks, factories and power plants—in the name of an imaginary health benefit.)

Without any scientific research, the EPA has claimed that reducing ground level ozone with reduce the instance of asthma.  This is a very expensive regulation, monetarily and for jobs, with nothing backing it up.  The reduction will have a direct impact with the EPA saying ozone must be reduced from “automobiles, trucks, buses, factories, power plants” and “consumer products.” This overreach will have a direct impact on the everyday lives of Americans.

Media, News Learn More
09/2/2015

“The Third Amendment – A Breeding Ground For Secrecy And Corruption”

by David Fisher, Cause of Action Senior Counsel

Three truisms will collide this Friday in a Federal courtroom in Washington DC. The first two truisms – “secrecy breeds corruption” and “follow the money” – make the failure to disclose documents relating to an under-the-radar agreement that has generated billions of dollars for the United States Treasury exceedingly troubling. Cause of Action, and others, think the public has a right to know about this deal and its genesis.

During the 2008 financial crisis, taxpayers bailed out Fannie Mae and Freddie Mac at a cost of $187.5 billion. This bailout was styled as a loan and for several years Fannie and Freddie paid the interest due on this loan. By 2012 Fannie and Freddie were again profitable. In August 2012, Fannie, Freddie, the Department of Treasury and Federal Housing Finance Agency (FHFA) amended their deal with what is called “the Third Amendment.” Under the Third Amendment, the government began sweeping all the companies’ profits into the Treasury. As of last December 2014, the Treasury had received a total of $225.4 billion from the companies – $40.8 billion more than they borrowed from taxpayers.

Congress charged the FHFA with conserving Fannie and Freddie’s assets and stabilizing the institutions with, as the agency states, “the objective of returning the entities to normal business operations.” Instead, it appears to be allowing all of Fannie and Freddie profits to be funneled to the US Treasury rather to be used to stabilize the companies.

The government is taking what the New York Times called “extraordinary measures” to hide documents relating to the Third Amendment, and has even claimed “Presidential Privilege” to keep secret several documents.

What is our government hiding? Cause of Action believes that Americans deserve a government that is fair and open; preventing disclosure of documents relating to the government bailout of Fannie and Freddie hinders citizens from evaluating their elected officials and holding them to account.

This Friday, Judge Margaret Sweeney should apply a third truism, one credited to former Supreme Court Justice Brandeis, sunlight is the best disinfectant and make documents relating to the Third Amendment public.

Blog Learn More
08/28/2015

Weekly Rundown 8-28-2015

Cause of Action in the News:

Daily Caller – Watchdog Wins Big FOIA Decision In Federal Appeals Court

Cause of Action has won a major victory for government transparency!  The courts have agreed that it isn’t right for government agencies to use expensive fees to pick and choose who is and who isn’t “a representative of the news media”.  Federal agencies would use this refuse FOIA request fee exemptions and stop smaller/lesser known news outlets and reporters, making them pay the very expensive FOIA fees.  Thanks to this victory, more people have access to the government documents that rightfully belong to the American people.

Daily Mail – Former attorney general says classified email scandal ‘disqualifies’ Hillary Clinton from serving as president – IF she’s prosecuted for breaking federal law

Former Attorney General Michael Mukasey says that by law Hillary Clinton should be disqualified from being president if she unlawfully destroyed government records.  Cause of Action Executive Director Dan Epstein said “The manner in which former Secretary Clinton stored official email correspondence during her tenure as Secretary of State, and her conduct with those emails subsequent to her resignation, trigger applicable laws and regulations relating to federal records and also raise criminal concerns. At least one applicable penalty is the disqualification from holding the office of President.”

In Other News:

Washington Times – IRS finds yet another Lois Lerner email account (‘Toby Miles’ account linked to government business)

It has been discovered that Lois Lerner was using an email address under the name “Toby Miles”.  This is at least the third email that Lerner was using in addition to her government email and another personal email.  This information was revealed years after the IRS targeting scandal started.

Daily Caller – Clinton’s New Three-Pronged Strategy To Respond To Email Scandal Doesn’t Even Address Emails, Server

Hillary Clinton has a strategy to win back the trust of the people, but not talk about what is the biggest concern the people have.  The former secretary of state plans on educating people on the process of how a document is classified.  Then she wants to focus on the issues, her private server not being one of them.  And finally Mrs. Clinton will actively attempt to defend her time as secretary of state.  With her having to change her story so many times, maybe that’s just easier.

NY Post – Caroline Kennedy used private email for government business

Although the State Department defends our ambassador to Japan, Inspector General Steve Linick reported, “confirmed that senior embassy staff used personal email accounts to send and receive messages containing official business.” The Inspector General confirmed that Ambassador Kennedy was using a personal email account in an official capacity.

Wall Street Journal – The EPA’s Own Email Problem (Another government employee, another private account, another crashed hard drive.)

That’s right, another government email scandal.  Phillip North, a biologist for the Environmental Protection Agency, was using a private email to conduct EPA business to ensure results fell in line with his own personal beliefs.  Instead of being the unbiased scientist, Mr. North used a private email account to advance his own agenda and has since left the country.

Blog Learn More
08/28/2015

Cause of Action Scores Victory Against IRS: Federal Judge Says Agency Can’t Use Laws Meant To Protect Taxpayers To Protect Itself

Media Contact: Geoff Holtzman | geoff.holtzman@causeofaction.org | 703-405-3511

WASHINGTON — In a significant victory for transparency advocates, a federal judge today ordered the IRS to turn over potential requests that the White House may have made to the agency in search of private taxpayer information.

Judge Amy Berman Jackson of the United States District Court for the District of Columbia wrote that the IRS cannot hide behind taxpayer confidentiality laws, known as section 6103 of the tax code, in order to refuse to say whether those records may exist.

Cause of Action Executive Director Dan Epstein issued the following statement in response to today’s ruling:

“As we have said all along, this administration cannot misinterpret the law in order to potentially hide evidence of wrongdoing. No administration is above the law, and we are pleased that the court has sided with us on this important point.”

In her opinion, Judge Berman Jackson wrote:

“Congress amended section 6103 in 1976 ‘in the wake of Watergate and White House efforts to harass those on its ‘enemies list,’’ in order to ‘restrict[] government officers and employees from revealing ‘any return’ or ‘return information,’’ and its ‘core purpose’ is to ‘protect[] taxpayer privacy.’

“So, this Court questions whether section 6103 should or would shield records that indicate that confidential taxpayer information was misused, or that government officials made an improper attempt to access that information.

“The IRS argues that ‘section 6103’s definition of ‘return information’ . . . makes no distinction based on the purpose for which a person might seek disclosure of the documents.’ But accepting this argument would require a finding that even requests for return information that could involve a violation of section 6103 constitute ‘return information’ that is exempt from disclosure under FOIA Exemption 3 and section 6103.

“The Court is unwilling to stretch the statute so far, and it cannot conclude that section 6103 may be used to shield the very misconduct it was enacted to prohibit.”

BACKGROUND

Cause of Action filed a Freedom of Information Act request with the Treasury Inspector General for Tax Administration (“TIGTA”) and the Internal Revenue Service (“IRS”) to discover any records of an investigation into whether unauthorized officials at the White House may have illegally accessed private taxpayer information.

We sent this FOIA after TIGTA admitted that it had launched such a review in response to a letter from six Republican senators. However, TIGTA’s forthcoming report was never released to the senators or the public.

Our FOIA request to both agencies was then divided into two separate FOIA lawsuits; one against the IRS and one against TIGTA. The court’s holding today requires the IRS to go back and search for records that it previously tried to shield from disclosure.

Media, Press Release Learn More