06/26/2014

Cause of Action Signs Coalition Letters in Support of FOIA Reform

Senators Leahy and Cornyn recently introduced the FOIA Improvement Act of 2014. This legislation makes several pro-requester improvements.

The legislation:

Codifies the presumption of openness
Puts limits on the use of Exemption 5
Improves OGIS’s ability to report to Congress and the President
Disallows agencies from using the unusual circumstances excuse to avoid waiving fees. If the agency fails to comply within the extended 10 days, it may not assess search fees.
And other changes

Cause of Action signed two coalition letters with fifty organizations (organized by OpenTheGovernment.org) in support of FOIA Reform. OpenTheGovernment.Org’s press release can be found here.

FOIA Improvement Act Sign-On Letter 2014-06-19 by Cause of Action

Senate FOIA Bill Support Press Release by Cause of Action

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06/24/2014

FOIA Request to IRS regarding IRS Targeting and Records Management

Yesterday Cause of Action, along with Tea Party Patriots, sent a Freedom of Information Act request to the IRS seeking to discover who was responsible for the targeting of conservative groups and to determine how the IRS maintains records in (or not in) accordance with federal law.

On January 26, 2009, in one of President Obama’s first acts in office, the President issued an executive order to allow both incumbent and former Presidents to claim executive privilege on certain records they sought to protect. Three years later, on August 24, 2012, the White House issued a Directive that “require[d] that to the fullest extent possible, agencies eliminate paper and use electronic recordkeeping. It is applicable to all executive agencies and to all records, without regard to security classification or any other restriction.” It is entirely possible that the IRS followed this Directive in a manner that violated the Federal Records Act.

“Because the White House may consult the Archivist of the United States and dispose of certain records, the White House’s inability to locate any emails from Lois Lerner during the time frame of her ‘lost’ emails doesn’t prove that no emails existed at one time. The IRS follows different records preservation laws than the President. That is why access to these records are critical to determining who was responsible for targeting conservative groups,” said Cause of Action’s Executive Director Dan Epstein. “Accountability is unfortunately an uphill climb with this agency, but it is necessary to determine who, both within and without the IRS, is responsible for the political targeting that occurred against certain nonprofit groups. That is why we are seeking information on what and how the IRS retains in terms of data, emails, investigations, and protocol.”

06-23-2014 IRS FOIA Request Re Missing Lerner Emails by Cause of Action

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06/18/2014

Cause of Action Appeals SEC Failure to Adequately Search for Records related to White House Equities

Cause of Action previously sent 20 FOIA requests to federal agencies regarding the White House’s review of FOIA and other document requests. Produced documents were included in our report released for Sunshine Week 2014. We sent FOIA appealsto USDA and GSA regarding improper redactions under attorney-client communications. This appeal concerns the Securities and Exchange Commission’s response to our FOIA request stating the agency found no responsive records.

May 6, 2014 FOIA Request to SEC

June 12, 2014 SEC Response Stating No Responsive Records

June 18, 2014 SEC FOIA Appeal Re WH Equities by CauseOfAction

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05/20/2014

CoA Investigation Leads Oversight Committee to Investigate White House Politicization of EPA

Once again, the United States Congress has relied upon Cause of Action’s work to hold federal agencies accountable and demand transparency.

On May 15, 2014, the House Committee on Oversight and Government Reform (OGR) sent a letter to the Environmental Protection Agency (EPA) asking for documents based on internal emails Cause of Action obtained showing White House intervention into FOIA and congressional document requests.

OGR seeks documents that will determine “whether White House or EPA employees have engaged in illegal conduct by actively obstructing this Committee’s investigation.”

On July 2, 2013, Cause of Action sent a FOIA request to the EPA regarding White House review of document requests, both from FOIA requesters and Congress.
The EPA responded to our request with internal e-mails showing the White House delayed an April 10, 2013 joint document request from OGR, led by Chairman Darrell Issa (R-CA) and the Senate Committee on Environment and Public Works, led by Ranking Member David Vitter (R-LA).
In response to our findings, on November 7, 2013, OGR subpoenaed the EPA for communications with White House officials regarding the agency’s delay to a congressional document request.

According to the Committee’s latest letter, EPA withheld documents improperly: “When the Committee was finally able to review the unredacted e-mails, it was clear that the redactions applied to the FOIA production were made to hide embarrassing conversations between EPA staff. The redactions were not, in fact, covered by the FOIA exemptions cited by EPA. It is unacceptable for EPA to hide behind improper FOIA redactions.”

In March 2014, Cause of Action released a report, Grading the Government: How the White House Targets Document Requesters, detailing how the White House is politicizing FOIA and Congressional document requests.

Cause of Action’s strategic investigations help Congress to expose the hypocrisy of this Administration’s claim to be “the most transparent in history.” Moreover, Cause of Action has empowered the House Oversight Committee to raise unique constitutional concerns related to alleged obstruction of congressional oversight by the President.

In order to hold EPA accountable and give the American taxpayers transparency, Cause of Action has now sent a Freedom of Information Act (FOIA) request to EPA requesting all documents provided to Congress pursuant to a subpoena as well as documents evidencing communications between EPA and the White House.

You can read CoA’s letter to the EPA here.

You can read the OGR letter to the EPA here.

See all the documents from Cause of Action’s investigation here.

Oversight Committee Letter to EPA Administrator Gina McCarthy by CauseOfAction

May 19, 2014 FOIA to EPA re White House review of records by CauseOfAction

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05/15/2014

Washington Free Beacon: Nonprofit Challenges Government Definition of a Media Outlet

Read the full story: Washington Free Beacon

Cause of Action also points out that the U.S. District Court for Washington, D.C., recognized a similar watchdog group as a member of the media in a 2003 decision.

“The FTC’s repeated denial of our status as a news media organization threatens all new media and nonprofit news organizations that seek fee waivers for FOIA requests,” Cause of Action president Dan Epstein said in a statement. “Simply because the FTC feared that unfavorable information would be made public, we were unfairly denied access. If every agency behaves like the FTC, it will be devastating to those who fight for government accountability and transparency. The FTC’s job is not to play news editor and decide what is or isn’t news.”

This is the first time a federal appeals court has considered the issue. Because Cause of Action’s appeal will set precedent, the amicus brief argues the case “has implications beyond the outcome for the parties directly involved, and could make it difficult for the news media to fully report on the workings of government for the benefit of the public.”

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05/6/2014

Washington Examiner: Cause of Action asks court to stop FTC abuse of FOIA fee waiver authority

Read the full story: Washington Examiner

In an appeal filed Monday in the D.C. appeals court, Cause of Action argued that the FTC got it completely wrong because the courts ruled in 2003 that the Electronic Privacy Information Center, another nonprofit government watchdog, qualified as a news representative.

Cause of Action also noted in its Monday filing that the Open Government Act of 2007 mandated that federal agencies and courts include “alternative media” as representatives of the news media.

It would appear that a nonprofit watchdog group like Cause of Action or EPIC would qualify under the 2007 law, but federal courts have yet to decide that question. That means the Cause of Action appeal represents “issues of first impression.”

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