Washington, D.C. (June 24, 2019) – Cause of Action Institute (CoA Institute) today released the following statement regarding the Supreme Court’s decision in FMI v. Argus Leader, a case considering the scope of Exemption 4 under the Freedom of Information Act (FOIA), which will impact all FOIA requesters including news media, individuals, and government transparency groups:
Archives for June 2019
06/24/2019
EXIM Supporter Investigated for Potentially Defrauding the Bank
Cause of Action Institute recently received documents indicating that a repeat customer and vocal supporter of the Export-Import Bank of the United States (“EXIM”) allegedly defrauded the bank. EXIM, which is tasked with assisting the financing of U.S. exports, has gained a reputation for favoring certain companies over others, which is exemplified by its nickname “the Bank of Boeing” for its preferential treatment of the airline. Recent reports from the Government Accountability Office and the EXIM Inspector General (”IG”) have also shown a disconcerting susceptibility to fraud.
06/20/2019
Supreme Court Adopts the Position Urged by Cause of Action for When Fabrication-of-Evidence Lawsuits Must Be Filed
The window of time to file any lawsuit is limited. The period usually begins to run when the plaintiff first knows that something went wrong. In special circumstances, however, fair policy requires that the window to sue opens, or as lawyers say, the claim “accrues,” at a different time. Today, in McDonough v. Smith, a case in which Cause of Action Institute filed two briefs, the Supreme Court identified one of those special situations.
06/20/2019
Supreme Court Signals Nondelegation Doctrine Has Life
This week, the Supreme Court indicated that it may be on the verge of, for the first time in eight decades, applying the nondelegation doctrine and requiring Congress, not government bureaucrats, to make law. This critical development could result in significant advancement of economic freedom, political accountability, and the liberty of individual citizens.
06/19/2019
Commerce Provides Poor Excuse in First Substantive Answer on Secrecy of 232 Auto Tariff Report
Washington, D.C. (June 19, 2019) – After nearly four months, Cause of Action Institute (CoA Institute) has finally received an explanation from the Department of Commerce (Commerce) that claims the Commerce Secretary’s final report to the President regarding the Section 232 investigation into the national security impacts of the Administration’s proposed automobile tariffs may constitute a presidential record. In this determination, which is in response to CoA Institute’s Freedom of Information Act (FOIA) request and subsequent litigation, Commerce states it is reviewing whether the report does in fact constitute a presidential record, which would remove it from the scope of the FOIA. It also claims that if the report ultimately is classified as an “agency record,” Commerce will still refuse to provide access to the report under the guise of presidential communications or deliberate process privileges.
06/12/2019
District Court Denies FBI’s Open America Motion in Daily Caller News Foundation FOIA Lawsuit
Washington, D.C. (June 12 2019) – Cause of Action Institute (CoA Institute), celebrated a victory for its client, the Daily Caller News Foundation (DCNF), after the U.S District Court for the District of Columbia denied the Federal Bureau of Investigation’s (FBI) motion for an Open America stay. The victory for DCNF will ensure the FBI produces court ordered records, 500 records per month, pertaining to DCNF’s Freedom of Information Act (FOIA) request for documents relating to Special Government Employee Daniel Richman. The Court largely echoed the arguments made by CoA Institute that the FBI failed to show any unexpected spike in FOIA requests or litigation and had not properly reduced its FOIA backlog.
06/6/2019
USTR Records Show Ambassador Lighthizer Used Personal Email for Government Business
Records obtained by Cause of Action Institute (“CoA Institute”) through the Freedom of Information Act (“FOIA”) reveal that Ambassador Robert Lighthizer, the United States Trade Representative (“USTR”), and Stephen Vaughn, General Counsel to the USTR and former Acting Trade Representative, used their personal email addresses to conduct official government business in 2017 and 2018. Considering the Administration’s aggressive trade policy that is increasing costs on American consumers and businesses, transparency is of paramount importance.