Latest Case: Kwoka v. IRS (Government & Administrative Law)

The Oprah Interview as a Truth Commission

LESLEY WEXLER

Illinois Law professor Lesley Wexler explains how Oprah’s interview with Prince Harry and Meghan Markle might illuminate how a formal truth commission to deal with legacies of racism and colonialism might function in the British empire. Professor Wexler describes the purpose and function of state-operated truth commissions and notes the similarities and differences between those and the interview.

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Kwoka v. IRS

Docket: 19-5310

Opinion Date: March 9, 2021

Judge: David S. Tatel

Areas of Law: Government & Administrative Law

Plaintiff, a law professor, filed suit under the Freedom of Information Act (FOIA), seeking information regarding nine categories of information about each FOIA request received by the IRS in Fiscal Year 2015. The IRS granted most of plaintiff's request but denied it with respect to two categories of information. The district court granted each party's summary judgment motion in part, rejecting the IRS's blanket withholding of the two categories of information, but allowing for the possibility of limited redactions on a case-by-case basis. At issue in this appeal is under what circumstances a prevailing plaintiff in a FOIA case entitled to an award of attorney's fees. The DC Circuit concluded that, in evaluating a fee petition, the district court assesses whether the plaintiff "substantially prevailed" within the meaning of the statute, 5 U.S.C. 552(a)(4)(E)(i). In this case, the district court found plaintiff had done so, a conclusion the IRS does not contest. However, the court reasoned that this is not enough. Because the statute provides that an eligible party "may" receive fees, the district court must also decide whether the plaintiff is "entitled" to a fee award. Applying a four-factor test to determine whether a plaintiff is "entitled" to fees, the court concluded that the second and third factors, commercial benefit and plaintiff's interest, support a fee award. The court remanded for the district court to evaluate the reasonableness of the IRS's burden argument in the first instance and then to rebalance the four-factors in light of the court's conclusion that factors two and three weigh in plaintiff's favor. Accordingly, the court vacated the district court's denial of plaintiff's fee motion and remanded for further proceedings.