Case 1:13-cv-01559-EGS Document 56 Filed 08/31/15 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF COLUMBIA
JUDICIAL WATCH, INC.,

)
)
Plaintiff,
)
)
v.
)
)
INTERNAL REVENUE SERVICE,
)
)
Defendant.
)
_______________________________________)

Case No. 1:13-cv-1559-EGS

STATUS REPORT
On August 31, 2015, the Internal Revenue Service (Service) released to Judicial
Watch, Inc., a CD containing documents responsive to Judicial Watchs Freedom of Information
Act (FOIA) request for communications between the Service and members of Congress, other
government agencies, or other offices of the executive branch regarding the review process for
501(c)(4) applications. The Service has now released to Judicial Watch over 21,800 pages of
documents responsive to the FOIA requests at issue in this case. All of those pages have been
redacted for appropriate exemptions in accordance with 5 U.S.C. 552(b). IRS Chief Counsel
attorneys have represented to the undersigned attorneys that the Treasury Inspector General for
Tax Administration (TIGTA) has not provided any forensically-recovered emails to the
Service since the Service submitted its Status Report on August 24, 2015.
As noted in the Services August 24, 2015, Status Report, former Service employee Lois
Lerner sent or received work-related emails from a personal email account. In particular, Lerner
sent or received work-related emails from an email account which was variously denominated
Lois G. Lerner, Lois Home, or Toby Miles. The Service had previously released twelve
emails to Judicial Watch containing the denomination Toby Miles, including nine emails in

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which the denomination Toby Miles was redacted. On August 31, 2015, the Service rereleased
copies of those nine emails to Judicial Watch without redacting the denomination Toby Miles.
At the time that we filed the August 24, 2015, Status Report, the undersigned attorneys
were unable to confirm whether Lerner sent or received any work-related emails from another
personal email account for the time period in question. The undersigned attorneys have now
confirmed that Lerner also sent or received work-related emails from a second personal email
account. Unlike the personal email account described above, that account does not appear to
have been associated with a denomination; only the email address itself appears. Emails located
by the Service from the second personal account have been reviewed and either released to
Judicial Watch or determined to be non-responsive to these FOIA requests. Consistent with its
prior releases, the Service is withholding the two personal email addresses described herein
pursuant to Exemptions (b)(6) and (b)(7)(C). Out of an abundance of caution, the Service has
conducted a search for all documents in the Congressional database using the email address of
the personal accounts identified above. That search located approximately 400 emails from three
sources: emails and documents collected from the more than 80 custodians; emails and
documents that Lerners attorneys provided to the Service in response to a request from one of
the Congressional Committees investigating the Service; and emails that the Treasury Inspector
General for Tax Administration (TIGTA) forensically recovered and returned to the Service.

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The Service matched the approximately 400 emails against the material previously
gathered as potentially responsive to the FOIA requests at issue here and identified
approximately 160 emails that had not previously been reviewed for responsiveness to these
FOIA requests. The Service reviewed those approximately 160 emails and determined that all
were either non-responsive or were duplicates of material previously released to Judicial Watch.
Dated: August 31, 2015
Respectfully submitted,
/s/ Geoffrey J. Klimas
GEOFFREY J. KLIMAS
STEPHANIE SASARAK
Counsel for the Internal Revenue Service
Trial Attorneys, Tax Division
U. S. Department of Justice
Post Office Box 227
Washington, DC 20044
GJK Telephone: (202) 307-6346
SS Telephone: (202) 307-2089
Fax: (202) 514-6866
geoffrey.j.klimas@usdoj.gov
stephanie.a.sasarak@usdoj.gov
OF COUNSEL
Acting United States Attorney
VINCENT H. COHEN, JR.

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CERTIFICATE OF SERVICE
I certify that on August 31, 2015, I electronically filed the foregoing STATUS REPORT
with the Clerk of the Court using the CM/ECF system, which shall send notification of that filing
to all parties registered to receive such notice, including plaintiffs counsel.

/s/ Geoffrey J. Klimas

GEOFFREY J. KLIMAS

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