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 summary is temporary while we research the case.) The Protect Democracy Project ("Protect Democracy"), a nonpartisan nonprofit organization, filed suit on April 29, 2026, against the Internal Revenue Service (IRS) and the U.S. Department of the Treasury in the U.S. District Court for the District of Columbia. The lawsuit arose from a Freedom of Information Act (FOIA) request that Protect Democracy submitted to the IRS on December 19, 2025, seeking directives, memoranda, guidance, and poli…

(This summary is temporary while we research the case.)

The Protect Democracy Project ("Protect Democracy"), a nonpartisan nonprofit organization, filed suit on April 29, 2026, against the Internal Revenue Service (IRS) and the U.S. Department of the Treasury in the U.S. District Court for the District of Columbia. The lawsuit arose from a Freedom of Information Act (FOIA) request that Protect Democracy submitted to the IRS on December 19, 2025, seeking directives, memoranda, guidance, and policies related to the IRS's implementation of President Trump's Executive Order designating Antifa as a domestic terrorist organization and National Security Presidential Memorandum 7 concerning domestic terrorism. The IRS responded on January 12, 2026, claiming that a search was conducted and no responsive records were located. Protect Democracy appealed on March 12, 2026, arguing the search was inadequate, but as of the filing date had received no final determination despite the IRS's representation that it would complete its appeal review by April 28, 2026. The complaint asserts two counts under FOIA: failure to conduct an adequate search and wrongful withholding of non-exempt records. Protect Democracy seeks a court order compelling the IRS to conduct a proper search, produce all non-exempt responsive records along with a *Vaughn* index, and award attorneys' fees and litigation costs.

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)

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Documents in the Clearinghouse

Document
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 June 20, 2026, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

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

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Civil Cover Sheet

View on PACER

6 Summons USAO

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7 Summons AG

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8 Summons IRS

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9 Summons Treasury

View on PACER

April 29, 2026

April 29, 2026

Clearinghouse
2

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

April 29, 2026

April 29, 2026

3

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)

April 29, 2026

April 29, 2026

Case Assigned/Reassigned

April 29, 2026

April 29, 2026

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

April 29, 2026

April 29, 2026

4

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

May 5, 2026

May 5, 2026

5

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)

May 5, 2026

May 5, 2026

6

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)

May 5, 2026

May 5, 2026

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

May 6, 2026

May 6, 2026

7

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

May 29, 2026

May 29, 2026

RECAP
8

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)

June 1, 2026

June 1, 2026

.Order

June 1, 2026

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 1, 2026

June 1, 2026

Set/Reset Deadlines/Hearings

June 2, 2026

June 2, 2026

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

June 2, 2026

June 2, 2026

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