CAUSE OF ACTION INSTITUTE v. INTERNAL REVENUE SERVICE et al and 2 other new FOIA lawsuits, plus case descriptions

We have added 23 documents from 3 FOIA cases filed between May 24, 2015 and May 30, 2015. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. CAUSE OF ACTION INSTITUTE v. INTERNAL REVENUE SERVICE et al (filed May 26, 2015)
   To investigate the legal and ethical implications of detailing Department of Justice attorneys to the White House, Cause of Action submitted a FOIA request to the IRS for records of communications between specified IRS officials and anyone using an email address associated with either the Treasury Inspector General for Tax Administration or the Executive Office of the President, relating to Norah E. Bringer. IRS initially closed the request because it did not adequately describe the records sought. Cause of Action challenged that action and the IRS re-opened the request. However, after seven months, the agency had not responded. Cause of Action also submitted a FOIA request to the Department of Justice’s Tax Division for records of communications between Bringer and any IRS or EOP employees. After some clarification, the Tax Division provided a partial response to Cause of Action by providing a list of nine DOJ attorneys who had been detailed to the White House. However, the Tax Division did not respond to the other portions of the request. Cause of Action submitted a second FOIA request to the Tax Division for records concerning any DOJ Tax Division attorneys who were detailed to the White House. After clarifying the request, the agency had still not responded after a month. Cause of Action also submitted a FOIA request to the DOJ’s Professional Responsibility Advisory Office for records concerning the detailing of DOJ attorneys to the White House. The agency acknowledged receipt of the request but had not responded after a month. Cause of Action also submitted a FOIA request to DOJ’s Justice Management Division for records relating to detailing DOJ attorneys to the White House. The agency did not acknowledge receipt of the request after a month. Cause of Action then filed suit against both the IRS and DOJ.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. KEMPER v. UNITED STATES DEPARTMENT OF INTERIOR (filed May 26, 2015)
   Kevin Kemper submitted a FOIA request to the Bureau of Indian Affairs for all tribal constitutions, articles of incorporation, or other establishing documents. BIA responded that it could not find any responsive records. Kemper appealed to the Department of the Interior, but after hearing nothing further from the agency, he filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Microsoft Corporation v. Internal Revenue Service (filed May 29, 2015)
   Microsoft Corporation submitted two FOIA requests to the IRS for records concerning communications between the agency and two law firms the agency had hired to help it with its audit of Microsoft, including documents provided to the two law firms. The agency acknowledged receipt of the requests and admitted that it would be unable to respond within the statutory time limits. Microsoft then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees