Search Results for: inspector general

Washington Free Beacon: Watchdog Group Asks Court to Force Release of Docs on IRS Targeting

Read the full story: Washington Free Beacon

The watchdog group Cause of Action is asking a federal court to force the Obama administration to release thousands of documents related to the IRS’s targeting of conservative groups. Cause of Action asked a court in a motion filed Tuesday to compel the Treasury Inspector General for Tax Administration (TIGTA) to disclose roughly 2,500 documents related to unauthorized leaks of taxpayer information to White House officials.

 

Newsmax: Senate GOP Requests Obama’s Emails in IRS Inquiry

Read the full story: Newsmax

Outside groups already have tried to get a look at communications between the White House and the IRS but have been largely unsuccessful, the Times said.

 

Specifically, Cause of Action, an interest group, has gone to court to try to force the agency’s inspector general to produce documents stemming from its investigation into White House-IRS communications, but the inspector general has refused, saying it would violate the privacy of taxpayers involved.

Washington Times: Senate GOP demands Obama turn over all communications with IRS

Read the full story: Washington Times

Outside groups already have tried to get a look at the communications between the White House and the IRS, though they have largely been unsuccessful.

Cause of Action, an interest group, has gone to court to try to compel the IRS‘ inspector general to turn over documents it has stemming from its investigation into White House-IRS communications. The inspector general says it has 2,500 pages of records from its investigation but can’t turn most of them over, saying it would violate the privacy of taxpayers involved.

Forbes: Enough Already On IRS Targeting! Maybe, But Whose Tax Returns Went To White House And Why?

Read the full story: Forbes

We wouldn’t know anything about this more debilitating scandal except for a lawsuit for transparency against this promised most transparent administration in history. A non-profit group, Cause of Action, began investigating whether the IRS was improperly sharing taxpayer information with the White House in 2012. Cause of Action filed a Freedom of Information Act request for any correspondence between the IRS and White House about tax returns for individuals or businesses. When the IRS refused the request, the group filed a lawsuit.

 

Having to sue sure doesn’t seem transparent, but it gets worse. There have been a number of allegations of politically motivated IRS leaks. But proving such a thing is difficult, particularly when even the Treasury Inspector General for Tax Administration, TIGTA, errs on the side of keeping taxpayer information confidential. Even if the confidentiality law was broken, the theory goes, it would be breaking it again to reveal the confidences that were revealed to the White House in violation of the law.

ABA Panel Presentation: FOIA: Considerations for Practitioners

The ABA Section of Administrative Law and Regulatory Practice Presents:
Freedom of Information Act Workshop

Download the presentation.

Listen to the presentation.

FOIA: Considerations for Practitioners

Daniel Epstein, Executive Director

Read agency FOIA regulations

  • Where do I send the request?
  • What is the method of transmission?
  • What is the fee schedule?
  • What is the deadline to appeal a response?

Are the docs you want already publicly available?

Be specific: This is not a discovery request

  • Provide dates, search terms, and names of agency employees, if possible.
  • Examples:
    • “The work calendars of TIGTA Inspector General J. Russell George from March 1, 2012 to July 31, 2013.”
    • “All documents regarding Mr. Edwards’ official travels for site checks or any other purpose, including the names of any individuals who accompanied Mr. Edwards from February 27, 2011 to the present.”
  • Document follow-up with agency in writing.

FOIA for FOIAs

FTC FOIA

 

FOIA for communications with Congress (because you can’t FOIA Congress directly)

FOIA Congress

Ask different agencies for the same type of documents

DOE FOIA

How do agencies define terms?

OMB

Ethical/practical considerations of using FOIA while in litigation with an agency

According to the Department of Justice:

“[T]here simply exists no statutory or other legal prohibition against using the FOIA to supplement civil, criminal or administrative discovery in pending cases.”

-DOJ, FOIA Update Vol. VI, No. 3 (1985)

 

 

The Hill: Six recommendations to make Washington more transparent

Six recommendations to make Washington more transparent

The 114th Congress, which convened on January 6, faces a deeply uncomfortable reality: The American people simply don’t trust their government. Fully two-thirds of Americans believe that Washington is on the wrong track. Public approval of Congress currently hovers around 15 percent—only one point above its all-time low.

The incoming Congress must seek to address this crisis of confidence. Our elected officials can start by taking up transparency and accountability issues to make the government more accountable to taxpayers.

Cause of Action recommends that Congress act in six specific policy areas:

Require Inspectors General to Actually Investigate. Perhaps the most important pro-transparency initiative that Congress can implement is ensuring compliance with the Inspector General Act. Under the Act, Inspectors General are authorized to conduct full investigations when they receive tips that illegal activity is occurring at a federal agency.

This topic is particularly newsworthy given the recent report from the Treasury Inspector General for Tax Administration (TIGTA) confirming that the IRS targeted certain conservative nonprofits based on their political beliefs. However, TIGTA’s report was based only on an audit and not a full investigation. This limited inquiry into IRS’s clearly inappropriate behavior raised more questions than it answered.

In such situations, Inspectors General—whether at the IRS or any other federal agency—should conduct investigations, based upon compulsory interrogatories, subpoenas, and depositions. Audits, which are designed to review program effectiveness, are not the appropriate method of identifying and resolving allegations of illegality, remediable only through an investigative process.

Reintroduce the Grant Act. The Grant Act, originally introduced by then-Rep. James Lankford (R-Okla.) in 2011, is a straightforward bill that would make the federal grant process transparent. It requires federal agencies to establish uniform standards for how they notice, award, and disclose competitive grants. It would also require agencies to rank grant applicants according to those standards—and make them justify any deviation from those rankings. Ultimately, this would allow taxpayers to ensure that federal agencies are awarding grants using a merit-based—and not a politicized—process.

Police Fraud. In 2013, 3.5 percent of all federal payments were improperly awarded—a sum reaching $106 billion.  Congress should conduct oversight to ensure that agencies and the Department of Justice in particular are enforcing anti-fraud laws like the False Claims Act, the Improper Payments Information Act, and the Program Fraud Civil Remedies Act.

The U.S. Government Accountability Office reports that most Inspectors General fail to enforce the Program Fraud Civil Remedies Act.  Further, public reports by federal agencies that merely identify allegations of fraud (like an audit) have barred whistleblowers from pursuing claims under the False Claims Act even when the feds fail to remedy the abuses.

Congress must ensure that these laws designed to empower whistleblowers are not being misread to incentivize agency failures to prevent fraud.

Hold the White House Accountable. In 2009, the White House, secretly demanded that federal agencies keep it apprised of any document requests containing “White House equities”—a term undefined by statute or regulation. Notwithstanding this lack of clarity, the White House obstructs congressional oversight and violates the spirit of FOIA when its political staff chills public oversight for the benefit of the President’s political image.

Congress should increase its oversight over the FOIA process to prevent the White House’s political offices from meddling into records requests to agencies or otherwise amend FOIA to subject those political offices to greater transparency.

Ensure Agencies Follow the Law. The Federal Records Act requires that agencies notify the Archivist of the United States if there is a proposed removal or destruction of records. The Internal Revenue Services’ failure to properly notify the Archivist regarding the supposed destruction of Lois Lerner’s emails shows that this process must be reformed.

Congress can strengthen enforcement of the Federal Records Act by reviewing the reporting process. Congress should also require that agencies create multiple sets of electronic back-ups to preserve emails and other important data.

Encourage FOIA Compliance. The Freedom of Information Act has been updated numerous times to keep pace with changes in technology, yet federal agencies continue to find new ways to avoid transparency. For example, while text messages involving official government business are records subject to FOIA, some agencies simply do not know how to locate and search for these records, disenfranchising the public of information. Another problem, reflected by the 30,000 “lost” and then later “found” Lois Lerner e-mails, is that agencies routinely destroy records – a crime – without any liability.

In light of this, Congress should conduct aggressive oversight to deter agencies from destroying or improperly withholding relevant records.

Effective congressional oversight would demonstrate to the public that the 114th Congress is serious about wisely stewarding taxpayer money and protecting the public from arbitrary and abusive executive power. It’s time for our elected officials to prove that they’re serious about making government work for, rather than against, the American people.

Epstein is the executive director of Cause of Action, a non-partisan organization that uses public advocacy and legal reform tools to ensure greater transparency in government, protect taxpayer interests and promote economic freedom.

Cause of Action Statement on Announcement of DOJ IG Michael Horowitz as Chairman of CIGIE

Cause of Action released the following statement today following the announcement of DOJ Inspector General Michael Horowitz as Chairman of the Council of the Inspectors General on Integrity and Efficiency:

Cause of Action congratulates Michael Horowitz on his chairmanship of the Council of the Inspectors General on Integrity and Efficiency (CIGIE). Chairman Horowitz brings the gravitas and investigative prowess necessary to bring true accountability to the executive branch, as he has demonstrated in his work as the Inspector General for the Department of Justice on matters ranging from Fast and Furious to nepotism in the nation’s immigration courts. In the past, CIGIE has failed in its oversight of such recent matters as the GSA spending scandal and the investigation of former DHS IG Charles Edwards, making the choice of Horowitz a welcome change and an encouraging sign for Americans concerned about government accountability. Cause of Action looks forward to the leadership Chairman Horowitz will provide and anticipates that CIGIE will help pave the way for more empowered and accountable Inspectors General to shine a light on what is happening in our federal agencies.