Busted During Sunshine Week: EPA Employees Still Appear to be Using Unauthorized Messaging Applications

Cause of Action Institute Urges Chairman Cummings to Investigate EPA Employees’ Violation of Disclosure & Records Retention Laws Cause of Action Institute (CoA Institute), a nonpartisan strategic oversight group, sent a letter to U.S. Rep. Elijah Cummings, chairman of the U.S. House Committee on Oversight and Reform (Oversight Committee), on […]

CoA Institute Lawsuit Prompts Archivist to Examine Potential Record Destruction at NOAA

Cause of Action Institute (“CoA Institute”) filed a lawsuit last summer against the National Oceanic and Atmospheric Administration (“NOAA”) seeking copies of electronic records created through the agency’s Google-based email platform.  These types of records are commonly known as “instant messages.”  The Freedom of Information Act (“FOIA”) requests at issue […]

DHS Fails to Locate Records Concerning Compliance with Federal Records Act over Private Web-based Email Accounts

Cause of Action Institute (“CoA Institute”) filed a Freedom of Information Act (“FOIA”) appeal with the Department of Homeland Security (“DHS”) yesterday, challenging the adequacy of the agency’s search for records concerning the use of private web-based email accounts by former DHS officials, as well as efforts to recover federal […]

Court Dismisses Hillary Clinton Email Recovery Case

Washington D.C. – A federal judge in the U.S. District Court for the District of Columbia today dismissed a case brought by Cause of Action Institute (“CoA Institute”) and Judicial Watch against the Secretary of State and the Archivist of the United States to compel them to fulfill their legal obligations […]

Federal Records Law Must Keep Pace with Evolving Technology

Technology develops faster than law.  This maxim has implications across society, but one place it has particular purchase is in federal recordkeeping and the public’s right to access government information.  The two primary federal statutes that require government to preserve records and then allow the public to access those records […]

CoA Institute Presses CFPB on Agency Records Kept on Personal Mobile Device

No matter what messaging medium agencies use to conduct business, federal records must be preserved.  If government employees are allowed to evade the Federal Records Act and the Freedom of Information Act (“FOIA”) through use of messaging on their private mobile devices, it threatens government transparency and encumbers efforts to hold […]

DC Circuit Holds Cause of Action Institute Federal Records Act Case on Clinton Emails Not Moot

Today, the DC Circuit held the Judicial Watch and CoA Institute cases against the Secretary of State and Archivist seeking to enforce their Federal Records Act duties as they relate to Hillary Clinton’s emails are not moot.  The court held that because the statute requires the agencies to reach out […]