The Des Moines Register: The Register’s Editorial: Obama administration is wrong to stiff-arm inspectors

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In August, the nonprofit organization Cause of Action sued the administration, claiming the president’s attorneys have interfered with Freedom of Information Act disclosures simply to prevent the release of information that could be embarrassing to the president.

Powerline: Is another Obama Administration Scandal About to Explode?

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So, for more than three years Obama has managed to keep the lid on this scandal by hiding the Inspector General’s report. Along with Koch Industries, the Washington Free Beacon and a government watchdog group called Cause of Action made Freedom of Information Act requests for documents relating to the Inspector General’s investigation. When the Obama administration refused to produce any responsive information, Cause of Action sued.

 

On September 29, a federal district judge in Washington ruled in Cause of Action’s favor. Cause of Action had asked for all documents related to any investigation by TIGTA into the unauthorized disclosure of tax return information to anyone in the Executive Office of the President. The Obama administration made a “Glomar response,” which means that it would neither confirm nor deny the existence of any responsive records, on the theory that doing so would itself reveal information protected under FOIA.

Washington Post: Judge: IRS watchdog not exempt from disclosure law in White House case

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The judge’s order came as part of a lawsuit by Cause of Action, a conservative organization that has accused the Obama administration of targeting taxpayers for harassment.

 

Dan Epstein, the group’s executive director, called the court’s decision a “decisive win” for government transparency and accountability. “The court has ruled that the federal government cannot hide behind confidentiality laws to prevent Americans from knowing if our president has gained unauthorized access to their tax information,” he said.

Courthouse News Service: IRS Auditor Must Process Tax Disclosure Request

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Plaintiff Cause of Action, a nonprofit formerly known as the Freedom through Justice Foundation, filed a wide-ranging Freedom of Information Act request with the Internal Revenue Service in October 2012.

 
Among the items it sought were any documents related to investigations of IRS employees disclosing tax return information to the Executive Office of the President.

 
That portion of the request was passed on to the Treasury Inspector General for Tax Administration. TIGTA is organized under the Department of the Treasury, but is independent of the department, according to its website. It audits and investigates IRS operations.

Washington Free Beacon: Court: Obama Admin Can’t Hide Investigation into Former White House Adviser

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Cause of Action filed a Freedom of Information Act (FOIA) lawsuit after TIGTA refused to confirm or deny the existence of the investigation in what is commonly known as a “Glomar response.”

 

“The court has ruled that the federal government cannot hide behind confidentiality laws to prevent Americans from knowing if our President has gained unauthorized access to their tax information,” Cause of Action executive director Dan Epstein said in a statement Tuesday. “This is a decisive win for all Americans and for government transparency and accountability.”

Cause of Action Defeats Treasury IG Tax Office in FOIA Lawsuit

FOR IMMEDIATE RELEASE                                                                           CONTACT:      

September 30, 2014                                                Mary Beth Hutchins, 202-400-2721

Cause of Action Defeats Treasury IG Tax Office in FOIA Lawsuit

Court Rules that TIGTA Must Process FOIA Request Regarding Investigations Into

Tax Records Improperly Shared with the President

WASHINGTON –The U.S. District Court for the District of Columbia ruled Monday that the Treasury Inspector General for Tax Administration (TIGTA) must process an October 9, 2012 Cause of Action Freedom of Information Act (FOIA) request seeking documents about investigations into unauthorized disclosures of taxpayer information to the Executive Office of the President.

Cause of Action’s Executive Director Dan Epstein said:

The court has ruled that the federal government cannot hide behind confidentiality laws to prevent Americans from knowing if our President has gained unauthorized access to their tax information. This is a decisive win for all Americans and for government transparency and accountability. The public already knows the President uses FOIA to shield his targeting of the press and this ruling prevents the President from using FOIA to shield his targeting of taxpayers.

Under section 6103 of the Internal Revenue Code, tax returns and taxpayer return information are to be kept confidential. An unauthorized disclosure under 6103, even if to the President, is not only a prosecutable offense, but warrants a prompt investigation by TIGTA. Cause of Action’s request sought information as to what confidential taxpayer information was being reviewed by the White House. In an unprecedented decision, the court determined that 6103 does not authorize the government to shield such information under an exemption to FOIA and that TIGTA’s investigations are not themselves confidential. This victory for transparency forces the agency to process documents in response to Cause of Action’s FOIA request that could show the White House accessed tax return information illegally.

Read the full decision from the court 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, mary.beth.hutchins@causeofaction.org

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Washington Examiner: Watchdogs challenge Obama to review ‘White House equities’ impact on FOIA

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Cause of Action, the Project on Government Oversight and the Sunlight Foundation were among the 24 organizations that joined the call for the Obama administration to review the Craig Memorandum and either withdraw it or clearly define “White House equities” to prevent overreach.

 

Cause of Action has also sued a dozen federal departments claiming their adherence to the Craig Memorandum violates the FOIA.