Senate finally confirms President Trump’s nominee for Intelligence Community watchdog

Last week, the Senate finally approved the nomination of former Department of Justice attorney Michael Atkinson to be Inspector General of the Intelligence Community.  We commended President Trump on his decision to name Mr. Atkinson as a watchdog back in November 2017.  According to one source, part of the long […]

Litigation Update: Cause of Action v. Department of Justice and the House Financial Services Committee’s Attempt to Undermine the FOIA

In July 2017, Cause of Action Institute (“CoA Institute”) sued the Department of Justice (“DOJ”) after the agency refused to produce records under the Freedom of Information Act (“FOIA”) that would have revealed whether the Office of Information Policy (“OIP”) or Office of Legislative Affairs (“OLA”) were involved in implementing […]

White House Directive on Congressional Oversight Requests Classified as “Presidential Record,” Not Subject to Disclosure under the FOIA

A report published earlier this month by the General Services Administration (“GSA”) Inspector General (“IG”) provides new and illuminating, as well as concerning, details about the White House’s directives to agencies for responding to congressional oversight requests from Democratic legislators and other individual members of Congress.  The IG report confirms […]

GAO audit of Office of Special Counsel referrals under FOIA reveals weakness in the statute

An audit report released yesterday by the Government Accountability Office (“GAO”) provides alarming details concerning the lack of referral of cases of wrongful withholding under the Freedom of Information Act (“FOIA”) to the Office of Special Counsel (“OSC”).  Since at least 2008, neither the Department of Justice (“DOJ”) nor any […]

The Forgotten 21 Disks: The IRS’s Unlawful Disclosure of Taxpayer Data to DOJ & FBI

Just as the Internal Revenue Service (“IRS”) targeting scandal was beginning to fade from Washington’s collective memory, it returned to the forefront of the national political scene with a vengeance.  It started with the Department of Justice (“DOJ”) decision in early September to forgo further criminal investigation of Lois Lerner […]