The IRS Scandal, Day 818

Judicial Watch v. U.S. Department of Justice, No. 14-1024 (July 31, 2015):

The plaintiff submitted a FOIA request to the defendant, seeking “[a]ll Justice Department records from the Interactive Case Management System detailing the number of hours DOJ Attorney Barbara Bosserman expended on the investigation of the Internal Revenue Service targeting of conservative organizations seeking tax-exempt status in the 2010 and 2012 election cycles.” After failing to respond to the plaintiff’s request, or advise the plaintiff of its ability to appeal such a non-response, the plaintiff initiated the instant suit. ...

[T]he Court finds that the time records contain protected attorney work product and that disclosure under FOIA is not required. ...

In the present case, the defendant’s time records contain “Ms. Bosserman’s accounts of the tasks as she performed them, including notes about locations visited, persons consulted, staff briefings, and other case developments.” This material was prepared in contemplation of an ongoing criminal investigation and provided to supervisors to assist them in overseeing the investigation and potential prosecution of certain IRS employees. As a result, according to the defendant, the time records provide “a roadmap of [the DOJ’s] investigative plans” and their disclosure would “prematurely reveal the scope and focus of the investigation.” Thus, “in light of the nature of the document and the factual situation in the particular case, the document can fairly be said to have been prepared or obtained because of the prospect of litigation.’” 

Consistent with the great weight of authority at both the federal and state level, the portions of Ms. Bosserman’s time records detailing the locations visited, persons contacted, staff briefings, and other case developments are protected from disclosure as attorney work product.

• The IRS Scandal, Day 817 (Aug. 4, 2015)
• The IRS Scandal, Day 816 (Aug. 3, 2015)
• The IRS Scandal, Day 815 (Aug. 2, 2015)
• The IRS Scandal, Day 814 (Aug. 1, 2015)
• The IRS Scandal, Day 813 (July 31, 2015)
• The IRS Scandal, Day 812 (July 30, 2015)
• The IRS Scandal, Day 811 (July 29, 2015)
• The IRS Scandal, Day 810 (July 28, 2015)
• The IRS Scandal, Day 809 (July 27, 2015)
• The IRS Scandal, Day 808 (July 26, 2015)
• The IRS Scandal, Day 807 (July 25, 2015)
• The IRS Scandal, Day 806 (July 24, 2015)
• The IRS Scandal, Day 805 (July 23, 2015)
• The IRS Scandal, Day 804 (July 22, 2015)
• The IRS Scandal, Day 803 (July 21, 2015)
• The IRS Scandal, Day 802 (July 20, 2015)
• The IRS Scandal, Day 801 (July 19, 2015)
• The IRS Scandal, Days 701-800 (April 10, 2015 - July 18, 2015)
• The IRS Scandal, Days 601-700 (Dec. 31, 2014 - April 9, 2015)
• The IRS Scandal, Days 501-600 (Sept. 22, 2014-Dec. 30, 2014)
• The IRS Scandal, Days 401-500 (June 14, 2014 - Sept. 21,2014)
• The IRS Scandal, Days 301-400 (Mar. 6, 2014 - June 13, 2014)
• The IRS Scandal, Days 201-300 (Nov. 26, 2013 - Mar. 5, 2014)
• The IRS Scandal, Days 101-200 (Aug. 18, 2013 - Nov. 25, 2013)
• The IRS Scandal, Days 1-100 (May 10, 2013 - Aug. 17, 2013)