American Oversight Challenges IRS’s “Ridiculous” Attempt to Dismiss Lawsuit Over Its Targeting of Harvard University
The IRS claims all documents — phone logs, calendar invites, etc. — would reveal confidential tax return information.
Wednesday, American Oversight filed its opposition to the Internal Revenue Service’s (IRS) motion to dismiss the nonpartisan watchdog’s lawsuit seeking records related to the Trump administration’s push to revoke Harvard University’s tax-exempt status. The lawsuit was filed in May after the IRS failed to produce records that could shed light on the Trump administration’s escalating political attacks on Harvard.
In its new filing, American Oversight forcefully rejects the IRS’s sweeping claim that every record potentially responsive to the nonpartisan watchdog’s Freedom of Information Act (FOIA) request is confidential taxpayer information — even though the agency says they are under no obligation to even conduct a search or review a single document. Rather than complying with its legal obligations under FOIA, the IRS is attempting to shield even the most routine communications — like phone logs, calendar invites, or text messages — from public disclosure.
“The government is essentially arguing that they don’t even need to search for records because any time top IRS officials communicated with anyone in the White House, without limitation, those communications would somehow reveal Harvard’s confidential tax return information. Such an argument is absurd on its face and would set a dangerous precedent if allowed to stand,” said Chioma Chukwu, Executive Director of American Oversight. “The public has a right to know the full extent of the White House’s weaponization of the federal government to eliminate dissent and seize ideological control of Harvard. That’s exactly what FOIA is for — and no amount of legal contortion should be allowed to hide that truth.”
The nonpartisan watchdog’s FOIA request was filed after Trump administration officials issued an extraordinary demand letter to Harvard in April, ordering the university to shut down its diversity programs and deny admission to students deemed “hostile to American values” or risk losing federal funding. Days later, Trump publicly called for revoking Harvard’s tax-exempt status — a move that, if coordinated with the IRS, could constitute illegal political interference under federal law.
In addition to its May lawsuit, American Oversight also joined hundreds of other nonprofit organizations in a public statement opposing the administration’s retaliatory actions against the university.