This memorandum addresses some of the legal and political issues raised by the Internal Revenue Service’s (IRS) records retention policy and practices in relation to the lost emails of Lois Lerner, former Director of the IRS’s Exemption Organizations unit.
06/27/2014
FOIA Follies: Here’s What Qualifies for a (b)(5) Redaction at the IRS
In October 2012, Cause of Action submitted a FOIA request to the Internal Revenue Service (IRS) seeking records related to any requests from the President for individual or business tax returns. In response to our request, the IRS released 790 pages of records but redacted a substantial amount of information pursuant to Exemption 5 of the FOIA. Exemption 5 protects “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.” Nate Jones of the National Security Archive recently called it the “withhold it because you want to” exemption. It is often triggered to protect the “deliberative process” among government employees, but DOJ guidance from 2009 notes that, “records covered by the deliberative process privilege in particular have significant release potential.”
Cause of Action decided to challenge the IRS’s application of Exemption 5. We filed and an appeal that the IRS denied, and then filed a lawsuit on June 19, 2013. In its response to our lawsuit, the IRS “reconsidered some of the redactions made to the 790 pages.” The resulting changes show how broadly IRS applied Exemption 5 to redact parts of certain emails. Here’s a sample of what the IRS redacted pursuant to the exemption (see the documents here):
“Bernice and Gary, let’s make sure that, going forward, any FOIA requests that could even remotely be considered politically sensitive are elevated for discussion between us and that the response is given an extra layer of review. thanks”
Original Release
Unredacted
“They are concerned about whether the response could have been done better.”
Original Release
Unredacted
“Carmen’s email about what the IRS statement could be.”
Original Release
Unredacted
“I also coordinated with Carmen and Dave at DOJ so the IRS wouldn’t say anything to harm the IRS’ position in the law suit.”
Original Release
Unredacted
“Media Relations is attempting to refute allegations we are improperly hiding behind privacy laws.”
Original Release
Unredacted
“However, now that we’ve got the litigation threat, we have to determine if we were okay not to disclose the mere fact of WHETHER the president made any such requests at all, thereby disclosing the fact that either the documents did, or did not exist.”
Original Release
Unredacted
President Obama’s 2009 memo on FOIA declared, “In the face of doubt, openness prevails.” Attorney General Holder wrote, “[A]n agency should not withhold information simply because it may do so legally.” Despite these pledges, agencies are still choosing to hide information from the public. As these emails show, the IRS is abusing Exemption 5 to “withhold it because they want to.” Promises of transparency have not created more openness in government. Significant reform is needed to limit the abuse of FOIA exemptions so that citizens, journalists, and watchdog groups can continue to fight for accountability in the government.
06/18/2014
Cause of Action Appeals SEC Failure to Adequately Search for Records related to White House Equities
Cause of Action previously sent 20 FOIA requests to federal agencies regarding the White House’s review of FOIA and other document requests. Produced documents were included in our report released for Sunshine Week 2014. We sent FOIA appealsto USDA and GSA regarding improper redactions under attorney-client communications. This appeal concerns the Securities and Exchange Commission’s response to our FOIA request stating the agency found no responsive records.
May 6, 2014 FOIA Request to SEC
June 12, 2014 SEC Response Stating No Responsive Records
June 18, 2014 SEC FOIA Appeal Re WH Equities by CauseOfAction
05/15/2014
The FTC goes to federal court, and the Judge was not impressed
In a hearing before U.S. District Court Judge William Duffey in the North District of Georgia, the government made some ridiculous arguments and was criticized by a federal judge for shutting down a small business without providing any guidance. Here are some of the highlights from the hearing:
The government claims it monitored a private citizen’s website to ensure he was still able to express his free speech rights
A Department of Justice attorney claimed that Federal Trade Commission employees regularly visited LabMD CEO Michael Daugherty’s personal website to “monitor whether or not he’s still continuing to express his speech.” Judge Duffey responded:
The transcript continues:
Judge Duffey criticizes the FTC’s actions in reducing the amount of competition in medical detection business by driving LabMD out of the market.
Should a federal agency be able to go after people for not complying with guidance they haven’t given?
What about the government claiming to use documents as evidence against LabMD when it doesn’t know where the documents came from?
04/17/2014
Affordable Care Act Navigator Assistance Grants
Listed by State recipient, direct grantee, and sub-grantee.
Alabama
- Ascension Health – $232,406
- Providence Health
- AIDS Alabama – $531,080
- AIDS Action Coalition (AAC)
- West Alabama AIDS Outreach (WAAO)
- Unity Wellness Center (UWC)
- Montgomery AIDS Outreach, Inc. (MAO)
- Selma AIDS Information and Referrals (AIR)
- AIDS Alabama South (AALS)
- The Right Place
- AIDS Alabama – $531,080
- Tombigbee Healthcare Authority
- Health Resources of West Alabama
- Tuskegee Area Health Education Center (TAHEC), Inc.
- Health and Wellness Education Center
- Sowing Seeds of Hope
- Monroe County Hospital
Alaska
- United Way Anchorage – $300,00
- Alaska Native Tribal Health Consortium
- Alaska Native Tribal Health Consortium – $299,918
Arizona
- Arizona Association of Community Health Centers – $1,344,096
- Kids Health Link
- Nuestra Salud
- Pima County Access Program (PCAP)
- Pima County Health Dep’t
- St. Elizabeth’s of Hungary
- United Way of Tucson & Southern Arizona
- Arizona Board of Regents, Univ. of Arizona – $190,268
- Greater Phoenix Urban League, Inc. – $523,773
- Arizona Family Health Partnership (AFHP)
- Empact-La Frontera (ELF)
- Coconino County Health Department (CCHD)
- Tucson Urban League (TYL)
- Women’s Health Coalition of AZ (WHC)
- Campesinos Sin Fronteras, Inc. – $71,386
Arkansas
- Southern United Neighborhoods – $270,193
- Local 100 United Labor Unions
- Arkansas Community Institute (ACI)
- Univ. of Arkansas – $774,745
- Partners for Inclusive Communities – Dep’t at Univ. of Arkansas
Delaware
- Chatman, LLC – $510,577
- Local physicians’ offices
- Accountable Care Organizations
Florida
- Univ. of South Florida – $4,213,696
- FL Covering Kids & Families (CKF) (lead applicant, based in Univ. of South FL)
- Health Council of SE Florida
- Kids Healthcare Foundation
- Primary Care Access Network (PCAN)
- Health Planning Council of Southwest Florida
- Epilepsy Foundation of Florida – $637,686
- Univ. of West Florida in Pensacola
- Univ. of FL in Gainesville
- Univ. of North Florida in Jacksonville
- Florida Atlantic University in Boca Raton
- Nova Southeastern University in Davie
- Florida Memorial University in Opa-Locka
- Advanced Patient Advocacy, LLC – $413,152
- Holy Cross Hospital
- Bethesda Memorial Hospital
- Legal Aid Society of Palm Beach County, Inc. – $446,783
- Healthcare Access Partnership Initiative (HAPI)
- Legal Aid’s Housing Project
- Pinellas County Board of County Commissioners – $600,000
- Pinellas County Health Dep’t
- Juvenile Welfare Board
- St. Petersburg College
- St. Petersburg Free Clinic
- Clearwater Free Clinic
- YMCA
- National Hispanic Council on Aging – $646,825
- Local community partners; graduates of the Empowerment and Civic Engagement Training program
- Mental Health America – $686,691
- Mental Health America of East Central Florida (MHAECF)
- Public Health Trust of Miami Dade County dba Jackson Health System – $238,000
- Jackson Memorial Hospital
- Holtz Children’s Hospital
- Jackson Rehabilitation Hospital
- Jackson South Community Hospital
- Jackson North Medical Center
- Jackson Mental Health Hospital
Georgia
- Structured Employment Economic Development Corporation (SEEDCO) – $2,159,360
- Boat People SOS
- Center for Black Women’s Wellness
- Emory-Grady Urban Health Initiative
- Georgia Equality & The Health Initiative
- Georgia Refugee Health and Mental Health
- Georgia Watch
- Georgians for a Healthy Future
- Healthy Mothers Healthy Babies Coalition
- Jewish Family & Career Services
- Latin American Association
- Mental Health America of Georgia
- Parent to Parent, Quality Med-Care Inc.
- Spring Creek Health Cooperative
- Univ. of GA – $1,657,378
Illinois
- Southern Illinois Healthcare Foundation – $240,113
- Southern Illinois Healthcare Foundation (SIHF)
- Christopher Rural Health Planning (CRHPC)
- Community Health and Emergency Services (CHES)
- Rural Health Incorporated (RHI)
- Shawnee Health Services (SHS)
- Genesis Health System – $137,283
- Existing community partners
- Sinai Health System – $157,271
- 60 WIC office sites operated by Sinai
- Chicago Dep’t of Public Health
- Community and Economic Development Association of Cook County
- Cook County Dep’t of Public Health
- Mile Square Health Center
- Near North Health Service Corporation
- Stickney Public Health District
- TCA Health Inc.
- Regional and local Community Based Organizations
- Federally qualified healthcare centers such as Lawndale Christian Health Center
- Faith Based Organizations
- Dupage County Health Dep’t – $182,543
- A Safe Haven foundation – $324,736
- Mercy Hospital and Medical Center – $452,590
- Puerto Rican Cultural Center, Inc. – $600,000
- VNA Health Care – $132,737
- IL College of Optometry – $504,016
- National Council of Urban Indian Health – $35,000
- Local Urban Indian Health Program (UIHP) in Chicago
- SER-Jobs for Progress National, Inc. – $294,182
- Central States SER
Indiana
- Affiliated Service Providers of Indiana, Inc. – $897,150
- Behavioral Health Network
- Community Mental Health Centers
- Ivy Tech Community College
- Plus One Enterprises, LTD, LLC – $130,875
- Health and Hospital Corporation of Marion County – $590,895
- United Way Worldwide – $424,586
- State-wide partners and 2-1-1 call center
Iowa
- Genesis Health System – $128,430
- Existing community partners
- Visiting Nurse Services of IA – $257,142
- HCI Care Services
- Planned Parenthood of the Heartland – $214,427
- Ames Center, Ankeny Center, My Health Express, Rosenfield Center, Susan Knapp, and West Center
- Burlington, Cedar Falls, Cedar Rapids, Council Bluffs Center, Creston Center, Dubuque Center, Fort Dodge Center, Iowa City, Mount Pleasant, Quad Cities Center, Red Oak Center, Sioux City Center, Washington
Kansas
- Ascension Health – $165,683
- Via Christi Health System (VCHS)
- Advanced Patient Advocacy LLC – $195,556
- Overland Park Regional Medical Center
- Labette County Medical Center
- Menorah Medical Center
- Kansas Association for the Medically Underserved – $524,846
- Kansas Hospital Education and Research Foundation
- Kansas Insurance Department
- Kansas Association of Local Health Departments
- Association of Community Mental Health Centers of Kansas
- Kansas Association of Area Agencies on Aging and Disabilities (operating as volunteer based Senior Health Insurance Assistance Program)
Louisiana
- Southern United Neighborhoods – $486,123
- Local 100 United Labor Unions
- Affiliated Media Foundation Movement (AMFM)
- Arkansas Community Institute (ACI)
- Martin Luther King Health Center, Inc. – $81,066
- Southwest Louisiana Area Health Education Center – $1,099,985
- Central Louisiana AHEC
- North Louisiana AHEC
- Southeast Louisiana AHEC
- Capital Area Agency on Aging, District II, Inc. – $100,000
Maine
- Western Maine Community Action – $475,000
- Aroostook County Action Program
- Kennebec Valley Community Action Program
- Midcoast Maine Community Action
- Waldo Community Action Partners
- Washington Hancock Community Agency
- The Opportunity Alliance
- York County Community Action Corporation
- Fishing Partnership Health Plan – $66,846
Michigan
- Community Bridges Management, Inc. – $896,366
- ZIAD Healthcare for the Underserved
- Arab Community Center for Economic & Social Services – $276,593
- American Indian Health & Family Services of SE Michigan, Inc. – $49,583
- Michigan Consumers for Healthcare – $1,319,345
- Michigan Community Action Agency Association
- Michigan Primary Care Association
- Michigan Association of Community Mental Health Boards
- Michigan Tribal Health Center Directors Association
Mississippi
- Oak Hill Missionary Baptist Church Ministries – $317,742
- Mid-South Churches Cooperative Conference (MSCCC)
- Collaborative of 200 churches and faith organizations
- Univ. of Mississippi Medical Center – $831,986
- Mississippi Institute for Improvement of Geographic Minority Health
- Univ. of Mississippi Adult Hospital
- University Physicians and Associates
- Blair E. Batson Children’s Hospital
- Wiser Hospital for Women and Infants
- Conerly Critical Care Hospital
- Holmes County Hospital
- E-Beat
Missouri
- Primaris Healthcare Business Solutions – $1,045,624
- APPLE Project
- Bi-Lingual International Assistant Services
- Interfaith Community Services
- Eastern Missouri Health Services
- Heartland Resources
- Missouri Kidney Program
- OASIS Institute
- Ozark Action, Inc.
- Senior Adult Services, Inc.
- Shepherd Center of Kansas City Central
- Missouri Alliance of Area Agencies on Aging
- Northwest Missouri Area Agency on Aging
- Region X Area Agency on Aging
- Care connection for Aging Services
- Southeast Missouri Area Agency on Aging
- Southwest Missouri Office on Aging
- Central Missouri Area on Aging
- Mid-East Area Agency on Aging
Montana
- Intermountain Planned Parenthood, Inc. DBA Planned Parenthood – $295,604
- Navigators placed in five health clinic sites
- Montana Primary Care Association, Inc. – $299,382
- Community health centers around the state
- Rural Health Development DBA Montana Health Network
- Big Horn Hospital Association
- Beartooth Billings Clinic
- Central Montana Medical Center
- Dahl Memorial Healthcare Assoc.
- Daniels Memorial Healthcare Center
- Fallon Medical Complex
- Frances Mahon Deaconess Hospital
- Garfield County Health Center
- Glendive Medical Center
- Holy Rosary Healthcare
- Livingston Health Care
- McCone County Health Center
- Northeast MT Health Services
- Phillips County Hospital
- Prairie County Hospital
- Roosevelt Medical Center
- Roundup Memorial Hospital
- Sheridan Memorial Hospital Assoc.
- Sidney Health Center
- Stillwater Billings Clinic
- Wheatland Memorial Healthcare
Nebraska
- Community Action of Nebraska, Inc. – $562,457
- 9 community action agencies
- Ponca Tribe of Nebraska – $37,543
New Hampshire
- Bi-State Primary Care Association – $454,839
- North Country Health Consortium
- Ammonoosuc Community Health Services, Inc.
- Coos County Family Health Services, Inc.
- Families First Health and Support Center
- Goodwin Community Health
- Harbor Care Clinic, A Program of Harbor Homes, Inc.
- Health First Family Care Center
- Indian Stream Health Center
- Lamprey Health Care
- Manchester Community Health Center
- Mid-State Health Center
- Weeks Medical Center
- White Mountain Community Health Center
- Planned Parenthood of Northern New England -$145,161
- Navigators in 6 health clinics
New Jersey
- Center for Family Services, Inc. – $677,797
- Wendy Sykes – The Oranges ACA Navigator Project
- African Americans for Health Awareness
- Essex County Family Support Organization
- East Orange/Orange CDC
- Newark Beth Israel – Geriatrics
- Healthy Family Adventures
- Urban League of Hudson County – $565,000
- Urban League of Bergen County
- Urban League of Morris County
- Urban League of Union County
- Public Health Solutions – $400,583
- Newark Emergency Services for Families
- Partnership for Maternal and Child Health of Northern New Jersey
- Dep’t of HHS – City of Jersey City
North Carolina
- Randolph Hospital, Inc. – $352,320
- Mountain Projects, Inc. – $359,750
- NC Community Care Networks – $1,988,428
- Alcohol/Drug Council of NC – $324,798
North Carolina
- Great Plains Tribal Chairmen’s Health Board – $186,000
- Tribal Health Departments
- Tribal Maternal
- Child Health Programs
- Aberdeen Area Indian Health Service Area
- North Dakota State Dep’t of Health
- Minot State University – ND Center for Persons with Disabilities – $414,000
- Family Voices
- Federation for Families
- First Link
- Community HealthCare Association of the Dakotas
- Northland Healthcare Network
Ohio
- Ohio Association of Foodbanks – $2,014,750
- OH Association of Foodbanks
- Access Health Mahoning Valley
- Asian Services in Action, Inc.
- Carmella Rose Health Foundation
- Cuyahoga Health Access Partnership
- Community Action Committee of Pike County
- Disability Rights Ohio
- Health Care Access Now
- Heart of OH Family Health Center
- Hospital Council of NW OH
- OH Association of Free Clinics
- OH Dep’t of Health
- United Way of Greater Cleveland 2-1-1
- Community Action Program Corporation of Washington Morgan Counties
- Western Reserve Area Agency on Aging
- Helping Hands Community Outreach Center – $230,920
- Local Community Action Partnership
- Several churches
- Grassroots community based providers
- Spirit of Peace CDC
- Neighborhood Health Association
- Three NHA FQHC clinics
Oklahoma
- OK Community Health Centers, Inc. – $860,866
- OK Primary Care Association
- 18 health center grantees
- OK 2-1-1 agencies
- Legal Aid Services of OK
- Planned Parenthood of the Heartland – Eastern OK
- Planned Parenthood of Central OK
- Little Dixie Community action Agency, Inc. – $580,733
- Little Dixie Community Action Agency
- Big Five Community Services
- Community Development Corporation
- Community Development Support Association
- Delta Community Action Foundation
- Deep Fork Community Action Foundation
- Great Plains Improvement Foundation
- INCA Community Services
- KIBOIS Community Action Foundation
- Muskogee County Community Action Foundation
- Northeast OK Community Action Agency
- Opportunities Inc.
- SW OK Community Action Group
- Washita Valley Community Action Council
- Latino Community Development Agency – $178,500
Pennsylvania
- Resources for Human Development – $997,801
- Pennsylvania Association of Community Health Centers – $739,005
- Health Federation of Philadelphia
- Pennsylvania Health Law Project
- Pennsylvania Office of Rural Health
- Pennsylvania Mental Health Consumers’ Association – $424,625
- PA Mental Health Consumers Association
- Mental Health Association in PA
- Mental Health Center Westmoreland County
- Mental Health America – $547,754
- Mental Health Association of SE PA
South Carolina
- DECO Recovery Management LLC – $1,211,203
- Benefit Bank of South Carolina
- South Carolina Office of Rural Health
- SC Chamber of Commerce
- SC Hospital Association
- Cooperative Ministry – $508,313
- Greater Columbia Community Relations Council
- SC Progressive Network
- Beaufort County Black Chamber of Commerce – $234,099
South Dakota
- SD Community Action Partnership – $336,000
- Inter-Lakes Community Action Partnership
- Rural Office of Community Services, Inc.
- NESDCAP dba GROW South Dakota
- Western South Dakota Community Action
- Great Plains Tribal Chairmen’s Health Board – $264,000
- Tribal Health Departments
- Aberdeen Area Indian Health Service Area
- South Dakota State Dep’t of Health
Tennessee
- Structured Employment Economic Development Corporation (SEEDCO) – $1,216,013
- Appalachian Mountain Project Access
- Bridges
- Community Development council
- Family and Children’s Services
- Knoxville Area Project Access
- Medical Foundation of Chattanooga
- Porter-Leath
- TN Community Services Agency
- Tennessee Health Care campaign
- Tennessee Primary Care Association – $781,265
- East Jackson Family Health
- Faith Family Medical
- GetWell Community Clinic
Texas
- United Way of Metropolitan Tarrant County – $5,889,181
- Alamo Area Council of Governments
- Brazos Valley Council of Governments
- City of Houston Dep’t of HHS
- Community Council of Greater Dallas
- LIFE Inc. / Disability Connections for Independent Living
- Panhandle Regional Planning Commission
- Project Amistad
- South TX Development Council
- Starcare Specialty Health System
- United Way of Central Texas
- Migrant Health Promotion, Inc. – $589,750
- Rio Grande Valley of Texas
- National Hispanic Council on Aging – $646,825
- Change Happens – $785,000
- The Children’s Center
- Children’s Books on Wheels
- Houston Center for Independent Living
- Faith-Based Recovery Health and Wellness Network
- United Way of El Paso County – $642,121
- AVANCE
- City of El Paso
- County of El Paso
- Greater El Paso Chamber of Commerce
- El Paso Hispanic Chamber of Commerce
- El Paso Interreligious Sponsoring Organization
- Educational Service Center
- Southern United Neighborhoods – $600,678
- Local 100 United Labor Unions
- Affiliated Media Foundation Movement
- Arkansas Community Institute
- East Texas Behavioral Healthcare Network – $1,337,520
- Anderson / Cherokee County Enrichment Services
- Andrews Center
- Betty Hardwick Center
- Bluebonnet Trails Community MHMR Center
- Burke Center
- Community Healthcore
- Gulf Bend MHMR Center
- Gulf Coast Center
- Lakes Regional MHMR
- Pecan Valley MHMR Region
- Spindletop Center
- Tri-County MHMR Services
- National Urban League – $376,800
- Urban League of Greater Dallas & North Central Texas
- Houston Area Urban League
Utah
- Utah Health Policy Project – $486,121
- Association for Utah Community Health
- United Way
- Take Care Utah
- Utah AIDS Foundation – $205,591
- Utah Pride Center
- Ogden OUTreach
- Planned Parenthood
- National Council of Urban Indian Health
Virginia
- Virginia Poverty Law Center, Inc. – $1,278,592
- Young Invincibles project of the Center for Community Change
- Blue Ridge Legal Services
- Central Virginia Legal Aid Society
- Legal Aid Justice Center
- Legal Aid Society of Eastern Virginia
- Legal Aid Society of Roanoke Valley
- Legal Services of Northern Virginia
- Southwest Virginia Legal Aid Society
- Virginia Legal Aid Society
- Advanced Patient Advocacy LLC – $483,433
- Chippenham Hospital
- Johnston-Willis Hospital
- John Randolph Henrico Doctors Hospital
- Retreat, St. Mary’s Hospital
- Memorial Medical center
- St. Francis
- Richmond Community Hospital
- Sentara Northern Virginia Medical Center
- Fauquier Hospital and Reston Hospital
- Mary Washington Hospital
- Stafford Hospital
- Spotsylvania Regional Medical & Rappahannock General Hospital
- Lewis Gale Montgomery Regional Hospital
- Clinch Valley Medical Center
- Lewis-Gale Alleghany
- Lewis-Gale Pulaski
- Lewis-Gale Medical Center
West Virginia
- Advanced Patient Advocacy LLC – $276,617
- Raleigh General Hospital
- HCA St. Francis and Pleasant Valley Hospital
- Thomas Memorial Hospital
- Princeton Community Hospital
- Pavilion
- National Healthy Start Association – $191,667
- TSG Consulting LLC – $174,091
- WV Farm Bureau
- Partners in Health Network
Wisconsin
- Partners for Community Development, Inc. – $315,720
- NW Wisconsin Concentrated Employment Program, Inc. – $285,035
- Western Wisconsin Workforce Investment Board, Inc.
- Western Wisconsin Workforce Development Board, Inc.
- North Central Workforce Development Board, Inc.
- Workforce Resources, Inc.
- Workforce Connections, Inc.
- Legal Action of Wisconsin Inc. / SeniorLAW – $70,000
- National Council of Urban Indian Health – $35,000
- National Healthy Start Association – $191,667
- R&B Receivables Management Corporation DBA R&B Solutions – $104,520
Wyoming
- Memorial Hospital of Laramie County DBA Cheyenne Regional – $401,281
- Wyoming 2-1-1
- 9 Faith Community Nurse Locations
- 18 Facilities
- 11 Hospitals
- Wyoming Senior Citizens, Inc. – $198,719
04/14/2014
CoA Letters Requesting Investigations of HUD and HHS in Implementation of Health Care Law
Cause of Action sent letters to the Inspectors General of the Department of Health and Human Services (HHS) the Department of Housing and Urban Development (HUD) asking them to investigate whether HHS violated any laws when HUD coordinated with HHS and the White House in implementing the Patient Protection and Affordable Care Act (PPACA).
Letter to HHS Inspector General
Letter to HUD Inspector General
Read the embedded letters below:
04/2/2014
Cause of Action Appeals GSA Redactions Related to White House Equities FOIA
Cause of Action sent 20 FOIA requests to federal agencies regarding the White House’s review of FOIA and other document requests. Four federal agencies produced documents that were included in our report released for Sunshine Week 2014. We previously appealed a FOIA to USDA regarding the agency’s improper redactions under attorney-client communications. This appeal concerns the General Services Administration’s response to our FOIA request.
GSA’s production letter stated:
You will note information was redacted from these e-mail communications based on the fifth and sixth exemptions of FOIA, 5 U.S.C. 552(b)(5) and (6). The redactions under the fifth exemption were made to protect attorney-client communications and deliberative process material.
In our appeal, we argue:
- The Deliberative Process Privilege Does Not Protect Communications Between GSA and the Office of White House Counsel.
- The Attorney-Client Privilege Does Not Protect Communications Between GSA and the Office of White House Counsel.
- Exemption 6 May Have Been Applied Too Broadly.
Documents:
November 26, 2013 FOIA Request
January 9, 2014 Production Letter and Responsive Documents
Cause of Action FOIA Appeal to GSA re: White House Equities by CauseOfAction