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04/15/2014

Washington Examiner: Complaint suggests HUD may have inappropriately promoted Obamacare

Read the full story: Washington Examiner

Cause of Action also alleges that HUD may have violated prohibitions against using appropriated funds “for publicity or propaganda purposes not authorized by the Congress,” as listed in the third edition of “Principles of Federal Appropriations Law,” volume one. None of the suggested Obamacare promotion is specifically mentioned in HUD’s appropriations.

 

In its letter to HHS Inspector General Daniel Levinson, Cause of Action alleged the agency may have “improperly augmented its appropriation by inducing or accepting HUD’s improper use of appropriations.”

 

“[I]f HHS was an active participant in the creation of materials or strategies the White House distributed to other agencies, including HUD, then HHS was complicit in the appropriation violations committed by those other agencies,” Cause of Action said.

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04/15/2014

Government Executive: Transparency Group Wants to Know If HUD’s Promotion of Obamacare Was Illegal

Read the full story: Government Executive

Cause of Action suggested that numerous high-level HUD officials and regional administrators may have “improperly directed subordinate staff to engage in activity that violated HUD’s appropriations.”

 

A second letter to HHS watchdog Daniel Levinson added an assertion that HHS, by accepting volunteer services from other agencies, may have violated the Anti-Deficiency Act.

 

Copies were sent to dozens of lawmakers with oversight and appropriations duties.

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04/15/2014

James Valvo on the Lars Larson Show 4/14/2014

Cause of Action’s James Valvo talks with Lars Larson about our letters to HUD and HHS Inspectors General 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).

Related Stories:

Start the clip at 1.24.10:

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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:

HUD IG Letter by CauseOfAction

HHS IG Letter by CauseOfAction

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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:

  1. The Deliberative Process Privilege Does Not Protect Communications Between GSA and the Office of White House Counsel.
  2. The Attorney-Client Privilege Does Not Protect Communications Between GSA and the Office of White House Counsel.
  3. 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

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04/2/2014

Supreme Court cites Cause of Action Amicus Brief in McCutcheon Decision

In McCutcheon v. Federal Election Commission, the majority cited Cause of Action’s amicus brief (page 36):

With modern technology, disclosure now offers a particularly effective means of arming the voting public with information. In 1976, the Court observed that Congress could regard disclosure as “only a partial measure.” Buckley, 424 U.S., at 28. That perception was understandable in a world in which information about campaign contributions was filed at FEC offices and was therefore virtually inaccessible to the average member of the public. See Brief for Cause of Action Institute as Amicus Curiae 15-16.

Read the opinion here.

Read our full brief:

Cause of Action’s McCutcheon v. FEC Amicus Brief by CauseOfAction

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04/1/2014

Cause of Action Sues CPSC for Withholding Documents

FOR IMMEDIATE RELEASE                                                                                                 CONTACT:      

April 1, 2014                                                                                                       Mary Beth Hutchins, 202-400-2721

Cause of Action Sues CPSC for Withholding Documents

What is the Consumer Product Safety Commission Trying to Keep from the Public About Buckyballs?

WASHINGTON – Cause of Action (CoA), a government accountability organization, sued the Consumer Product Safety Commission (CPSC) today for failing to release documents to the public about Craig Zucker, the former CEO of the company that sold Buckyballs. Well past the statutory 20 day deadline, the CPSC has yet to produce any documents in response to a November 12, 2013 Freedom of Information Act (FOIA) request CoA submitted.

“This administration was just pegged with the title the ‘most secretive’ administration in history and the CPSC’s refusal to produce documents is another example of that spirit of secrecy,” said CoA Executive Director Dan Epstein. “Americans have an interest in how federal agencies conduct oversight, and the CPSC’s consistent unresponsiveness to our inquiry is a disservice to the public.”

CoA’s FOIA requested:

  1. All records underlying CPSC’s estimate [that small, high-powered magnet sets were associated with 1,700 emergency room-treated injuries between 2009 and 2011].
  2. All records related to the drafting, preparation and clearance of the April 12, 2013 CPSC recall release regarding the recall of Buckyballs® and Buckycubes® by six retailers (CPSC Recall Release 13-168).
  3. All records comprising the monthly progress reports of the six retailers who agreed to participate in the Buckyballs® and Buckycubes® magnet recall that was announced on April 12, 2013 (CPSC Recall Release 13-168).
  4. All records reflecting, regarding or referencing, and all communications between, CPSC staff and Strong Force, Inc. regarding the product marketed as NeoCube magnet sets.
  5. All records generated, downloaded or created by CPSC and/or its staff containing, discussing, reflecting, regarding or referencing expressions of public criticism or concern with respect to:  (1) their conduct concerning the recall of Buckyballs®, Buckycubes®, NeoCube or any other magnet sets, and/or (2) their actions against [M&O] and/or Mr. Craig Zucker.
  6. All records generated, downloaded or created by CPSC and/or its staff referencing or concerning Mr. Craig Zucker.

Read the complaint here.

About Cause of Action:

Cause of Action is a non-profit, nonpartisan government accountability organization that fights to protect economic opportunity when federal regulations, spending and cronyism threaten it. For more information, visit www.causeofaction.org.

To schedule an interview with Cause of Action’s Executive Director Dan Epstein, contact Mary Beth Hutchins,  202-400-2721

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