Search Results for: IRS

Weekly Rundown 10-9-2015

Cause of Action in the News:

Government ExecOMB Pressured to Invoke Bush Directive Banning Earmarks

The week Cause of Action has partnered with Demand Progress, another government watchdog, to petition the Office of Management and Budget to enforce an executive order that was put in place to protect taxpayers.  When looking into the discretionary spending of federal agencies, we discovered “that OMB’s current efforts to ensure that discretionary grant decision-making is transparent and merit-based are ineffective.”

Dan Epstein, Executive Director of Cause of Action, said the following about the matter: “Cause of Action’s research shows that for years, federal agencies have been ignoring a binding executive order designed to protect taxpayer dollars from being misused. Our organizations believe that Washington has a duty to the public to ensure that federal discretionary spending decisions are transparent and merit-based.”

In Other News:

PoliticoJudges refuse to align Clinton email FOIA lawsuits

With almost 40 Freedom of Information Act lawsuits concerning Hillary Clinton’s private email server, the current administration had requested that they all be combined into one suit.  The federal court judges in charge of those cases have all denied the request.  Chief Judge Richard Roberts said “The judges who have been randomly assigned to these cases have been and continue to be committed to informal coordination so as to avoid unnecessary inefficiencies and confusion, and the parties are also urged to meet and confer to assist in coordination.”

Daily SignalAudit: IRS Fails Transparency Test on Over 1 in 10 FOIA Requests

“Although the IRS properly released thousands of pages from these documents, taxpayer rights still may have been violated because some information was erroneously withheld.”  This was said in an audit that determined that 12.3 percent of the time the IRS failed to turn over Freedom of Information Act documents.  In addition, the audit also found that “eight cases we identified included improperly withheld information of examination and collection activity and other tax return information that the taxpayer or authorized Power of Attorney should have received.”

Washington Business JournalDHS leads federal cybersecurity efforts, but will other agencies follow?

The Department of Homeland Security has announced that they will be using a private company Raytheon Co. to help with their cybersecurity.  They are the first government agency to adopt this method of protection for their IT environment.  Experts believe this shows us that the agencies themselves are unable to handle all of their cybersecurity without private sector assistance.

Washington ExaminerAttorney general blasts FBI leaks in Clinton email probe

Attorney General Loretta Lynch chastised the FBI for the anonymous leak of information regarding the FBI investigation into former Secretary of State Hillary Clinton’s private server.  Since the leak, the FBI has confirmed an investigation into Mrs. Clinton’s email. Attorney General Lynch said “I think leaks are detrimental to any matter, no matter what it is, no matter who is involved.”

BreitbartREP. JIM JORDAN SAYS HOUSE WILL IMPEACH HEAD OF IRS

Representative Jim Jordan has claimed that IRS Commissioner John Koskinen will be impeached by the House this session.  The IRS has failed to be helpful and has in fact discouraged the investigations into the Tea Party scandal. “If we don’t hold some people accountable in the executive branch for the executive overreach we’ve seen in [the Obama] administration, then they’ll never get the message,” said Rep. Jordan about the issue.

Cause of Action Appeals DOJ’s Denial of Access to Information Regarding Billions of Dollars in Big Bank Settlement Funds

On Friday, Cause of Action appealed the Department of Justice’s (“DOJ”) determination that it has no publically releasable records relating to Cause of Action’s Freedom of Information Act (“FOIA”) request regarding DOJ’s settlement agreements with big banks in the wake of the 2008 financial crisis.

On June 16, 2015, Cause of Action sought records under FOIA to show whether DOJ exercised proper authority in executing its Residential Mortgage-Backed Securities (“RMBS”) settlement agreements, totaling $36.65 billion. Arguably, DOJ’s settlement agreements impermissibly settle claims of DOJ and other agencies, improperly distribute funds to unrelated third parties, and do not ensure that the funds DOJ and third parties receive are used to compensate bank victims. On July 29, DOJ stated that the agency could locate no responsive records and closed Cause of Action’s FOIA request.

Cause of Action’s appeal questions the adequacy of DOJ’s search for records and, alternatively, DOJ’s implicit determination that responsive records exist, but are not subject to the requirements of FOIA. Given the billion dollar price tag on these settlements and significant effort DOJ has expended to supposedly hold banks accountable, it is highly improbable that no records exist regarding DOJ’s power to make these deals obligating banks to pay billions to third parties in purported consumer relief efforts, which includes a mandatory minimum of $150 million in donations to certain non-profit organizations.

It follows that DOJ likely did not perform an adequate search, or is improperly excluding the records it found. Otherwise, DOJ did not have the power to enter into these billion dollar settlement agreements in the first place. That is an argument that Cause of Action has been exploring since DOJ announced these RMBS settlement agreements with considerable fanfare.

Cause of Action’s appeal asks DOJ to perform a reasonable search, adequately describe that search, and produce the responsive documents it identifies.

Weekly Rundown 9-18-2015

Cause of Action in the News:

PoliticoGOP 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.

POGOFOIA 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 ExaminerEmail 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 NewsGOP 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.

ForbesIRS 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 CallerHillary 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.

LabMD: Sign Up To Receive Updates As the Case Progresses

* indicates required



 

Read more about the case

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 JournalMiles 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 Hill7,000 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.

PoliticoEx-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 JournalThe 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.

“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.

Weekly Rundown 8-28-2015

Cause of Action in the News:

Daily CallerWatchdog 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 MailFormer 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 TimesIRS 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 PostCaroline 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 JournalThe 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.