Case: Protect Democracy Project v. Internal Revenue Service

1:26-cv-01486 | U.S. District Court for the District of District of Columbia

Filed Date: April 29, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case seeks records concerning the Internal Revenue Service’s implementation of executive branch domestic-terrorism directives.  On April 29, 2026, Protect Democracy Project, a nonpartisan organization, filed suit in the U.S. District Court for the District of Columbia against the Internal Revenue Service (IRS) and the U.S. Department of the Treasury under the Freedom of Information Act (FOIA) and the Declaratory Judgment Act. Represented by attorneys from American Oversight, Protect Democr…

This case seeks records concerning the Internal Revenue Service’s implementation of executive branch domestic-terrorism directives. 

On April 29, 2026, Protect Democracy Project, a nonpartisan organization, filed suit in the U.S. District Court for the District of Columbia against the Internal Revenue Service (IRS) and the U.S. Department of the Treasury under the Freedom of Information Act (FOIA) and the Declaratory Judgment Act. Represented by attorneys from American Oversight, Protect Democracy alleged that Defendants failed to conduct an adequate search for records responsive to its FOIA request and unlawfully withheld responsive non-exempt records concerning implementation of President Trump’s executive order designating Antifa as a domestic terrorist organization and National Security Presidential Memorandum 7. The FOIA request on which the lawsuit was based was filed December 19, 2025; it sought records concerning implementation of President Trump’s September 22, 2025 Executive Order, “Designating Antifa as a Domestic Terrorist Organization,” and National Security Presidential Memorandum 7. The request sought directives, memoranda, guidance, policies, and similar records concerning the implementation of those directives, while excluding taxpayer-specific return information. On January 12, 2026, the IRS informed Protect Democracy that it had conducted a search and located no responsive records. On March 12, 2026, Protect Democracy administratively appealed that determination, arguing that the IRS had failed to conduct an adequate search. Although the IRS acknowledged receipt of the appeal and later informed Protect Democracy that it expected to complete its review of the appeal by April 28, 2026, it did not issue a final determination before this lawsuit was filed. In this lawsuit, Protect Democracy Project sought declaratory and injunctive relief requiring adequate searches, production of responsive records, a Vaughn index justifying any withholdings, and payment of attorneys’ fees and litigation costs. The case was assigned to District Judge Ana C. Reyes. 

As of June 2026, no substantive rulings have been made, and the case remains ongoing. 

 

Summary Authors

Niam Vora (6/16/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73262025/parties/protect-democracy-project-v-internal-revenue-service/


Attorney for Plaintiff

Lewis, Emma (District of Columbia)

Martinez, Daniel Havlir (District of Columbia)

Attorney for Defendant

Atras, Robert J. (District of Columbia)

Documents in the Clearinghouse

Documents in this case
1

1:26-cv-01486

Complaint

April 29, 2026

April 29, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73262025/protect-democracy-project-v-internal-revenue-service/

Last updated Sept. 28, 2026, 3:17 a.m.

Docket for: PROTECT DEMOCRACY PROJECT v. INTERNAL REVENUE SERVICE
ECF Number Date Description Link
1 April 29, 2026

COMPLAINT against INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF THE TREASURY ( Filing fee $ 405 receipt number ADCDC-12389534) filed by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet, # 6 Summons USAO, # 7 Summons AG, # 8 Summons IRS, # 9 Summons Treasury)(Lewis, Emma) (Entered: 04/29/2026)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Civil Cover Sheet

View on PACER

6 Summons USAO

View on PACER

7 Summons AG

View on PACER

8 Summons IRS

View on PACER

9 Summons Treasury

View on PACER

Clearinghouse
2 April 29, 2026

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROTECT DEMOCRACY PROJECT (Lewis, Emma) (Entered: 04/29/2026)

RECAP
3 April 29, 2026

SUMMONS (4) Issued Electronically as to INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 04/29/2026)

RECAP
April 29, 2026

Case Assigned/Reassigned

April 29, 2026

Case Assigned to Judge Ana C. Reyes. (zmtm)

4 May 5, 2026

NOTICE of Appearance by Daniel Havlir Martinez on behalf of PROTECT DEMOCRACY PROJECT (Martinez, Daniel) (Entered: 05/05/2026)

RECAP
5 May 5, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. INTERNAL REVENUE SERVICE served on 5/4/2026; U.S. DEPARTMENT OF THE TREASURY served on 5/5/2026 (Attachments: # 1 Declaration)(Martinez, Daniel) (Entered: 05/05/2026)

RECAP
6 May 5, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/5/2026., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/29/2026. ( Answer due for ALL FEDERAL DEFENDANTS by 5/29/2026.) (See Docket Entry 5 to view document). (znmw) (Entered: 05/06/2026)

RECAP
May 6, 2026

Summons Returned Executed as to U.S. Attorney General AND Summons Returned Executed in FOIA case as to U.S. Attorney

7 May 29, 2026

ANSWER to Complaint by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF THE TREASURY.(Atras, Robert) (Entered: 05/29/2026)

RECAP
8 June 1, 2026

STANDING ORDER. The Court ORDERS the parties to abide by its Standing Order in Civil Cases. See document for details. Signed by Judge Ana C. Reyes on 6/1/2026. (lcacr2) (Entered: 06/01/2026)

RECAP
June 1, 2026

.Order

June 1, 2026

MINUTE ORDER. Cases filed under FOIA are exempt from the requirements of Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3. See LCvR 16.3(b)(10). Accordingly, the Court hereby ORDERS the parties to meet and confer and file a joint status report on or before July 1, 2026. The joint status report should address, among other things, (1) the status of Plaintiff's FOIA requests; (2) the anticipated number of documents responsive to Plaintiff's FOIA requests; (3) the anticipated date(s) for release of those documents; and (4) whether a motion for a stay under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976), is likely. As set forth in Section 5(d) of the Court's Standing Order, if the parties agree on a proposed schedule for submitting a further joint status report, they should assume that the Court approves the proposed date unless the Court enters an order to the contrary.Counsel shall not contact Chambers directly concerning scheduling or other matters, as Chambers personnel will not handle questions relating to the status or scheduling of pending matters, except in case of an emergency. Signed by Judge Ana C. Reyes on 6/1/2026. (lcacr2) Modified on 6/2/2026 to delete duplicate text (zcdw).

June 2, 2026

Set/Reset Deadlines/Hearings

June 2, 2026

Set/Reset Deadlines/Hearings: Joint Status Report due by 7/1/2026. (zcdw)

9 July 1, 2026

Joint STATUS REPORT by PROTECT DEMOCRACY PROJECT. (Martinez, Daniel) (Entered: 07/01/2026)

RECAP
10 July 15, 2026

NOTICE of Appearance by Elizabeth Haddix on behalf of All Plaintiffs (Haddix, Elizabeth) (Entered: 07/15/2026)

RECAP
11 July 15, 2026

NOTICE OF WITHDRAWAL OF APPEARANCE as to PROTECT DEMOCRACY PROJECT. Attorney Daniel Havlir Martinez terminated. (Martinez, Daniel) (Entered: 07/15/2026)

RECAP
12 July 20, 2026

NOTICE OF SUBSTITUTION OF COUNSEL by Adam S. Domitz on behalf of INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF THE TREASURY Substituting for attorney Robert J. Atras (Domitz, Adam) (Entered: 07/20/2026)

RECAP
Aug. 10, 2026

.Order

Aug. 10, 2026

MINUTE ORDER. The Court GRANTS the parties' request, pursuant to 9 Joint Status Report, to submit periodic JSRs every 60 days, with the next one due on or before September 1, 2026. Signed by Judge Ana C. Reyes on 8/10/2026. (lcacr2)

Aug. 12, 2026

Set/Reset Deadlines/Hearings: Joint Status Report due by 9/1/2026. (zcdw)

13 Sept. 1, 2026

Joint STATUS REPORT by INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF THE TREASURY. (Domitz, Adam) (Entered: 09/01/2026)

RECAP

Case Details

State / Territory:

District of Columbia

Case Type(s):

Public Benefits/Government Services

National Security

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: April 29, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Nonpartisan nonprofit organization seeking records concerning Internal Revenue Service implementation of executive branch domestic-terrorism directives.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Internal Revenue Service

U.S. Department of the Treasury

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

FOIA (Freedom of Information Act), 5 U.S.C. § 552

Other Dockets:

District of District of Columbia 1:26-cv-01486

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Document/Information

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Government services

Records Disclosure

Terrorism/Post 9-11 issues

Recommended Citation