Posted on 06/27/2014 3:25:47 PM PDT by Second Amendment First
Lois Lerner has no records of two years of missing emails and Republican claims that she’s hiding something are “silly,” her lawyer said in his first interview since the controversy around the former IRS official erupted two weeks ago.
“She doesn’t know what happened,” lawyer William Taylor III said of the 2011 computer crash that erased two years worth of Lerner’s correspondence. “It’s a little brazen to think she did this on purpose.”
The IRS two weeks ago told congressional investigators probing the tea party targeting that the former head of the tax-exempt division’s emails from 2009 through mid-2011 were lost when her hard drive buckled. The time period encompasses the first year IRS agents in Cincinnati began pulling tea party applicants for a closer look.
(PHOTOS: Lois Lerner returns to the Hill)
That news revived a firestorm among Republicans in Congress, who are incredulous that technology cannot bring the emails back and accuse IRS Commissioner John Koskinen of lying. Democrats point out that no evidence suggests the computer crash was intentional and accuse Republicans of fanning flames of a dying controversy.
Lerner has been silent for more than a year, pleading the Fifth on Capitol Hill and speaking only through her lawyer episodically. The interview marks their first detailed response since the scandal was reignited and suggests Lerner’s camp is going to keep fighting.
“This is a so-called congressional investigation with no pretense of objectivity or bipartisanship,” Taylor said. “Critics of Ms. Lerner and the IRS seize indiscriminately on small pieces of fact to claim they prove scandal.”
(Also on POLITICO: Lerner sought audit of group invite to GOP senator)
The interview covered a number of questions raised in recent weeks, from claims that Lerner targeted GOP Sen. Chuck Grassley to accusations she was in cahoots with the Justice Department. Taylor also revealed that Lerner did not print official emails or have any saved on a backup computer — the former being something Republicans will seize on to say she broke record-keeping law.
Lerner’s admission at a May 2013 tax conference that the IRS had been singling out applications for tax-exempt status using terms such as “tea party,” followed by a critical inspector general report days later, set off the original storm. The groups in question were seeking status as a social welfare organization, or a 501(c)(4) that is allowed to engage in a limited amount of political activity.
Here are her lawyer’s answers to top questions:
The computer crash.
It was an accident, said Taylor, a founding partner of Zuckerman Spaeder LLP: “She didn’t have anything to do with the destruction of her computer.”
Lerner came to work one day in late spring 2011 and was surprised to flick on her computer to find a “blue screen,” he said. He said she tried to get it fixed since her practice of archiving was to simply save things on her computer. Democrats have released emails showing Lerner contacting the IRS IT department to show she tried to resolve the problem.
She never backed them up on a USB or separate hard drive, he said, ruling out a line of questioning posed by House Oversight Chairman Darrell Issa (R-Calif.) about whether Lerner could have the emails stored elsewhere on a portable device.
Republicans say it’s no coincidence that just 10 days before the crash, Ways and Means Chairman Dave Camp (R-Mich.) had sent his first letter to the IRS about 501(c)(4) political activities and donors.
Oversight Republicans this week interrogated Koskinen about whether the agency at the time of the crash reached into its stash of six-month backup tapes to restore the emails. Koskinen said he wasn’t aware if they tried.
Taylor didn’t know about that option either, saying Lerner simply filled out an IT ticket “like any other IRS employee” with a problem, and when they told her they couldn’t salvage the hard drive and mentioned a more “expensive” alternative, she gave them the green light to pursue that option, he said.
“She requested that IT use every possible resource. Unfortunately, the sophisticated alternative was not able to retrieve the contents of her hard drive,” he said.
Koskinen this week said that the IRS even sent Lerner’s computer to its criminal investigators, who were also unable to get anything back.
The Grassley invite referral.
Responding to recent Ways and Means GOP allegations that Lerner tried to sic an IRS audit on Grassley, Taylor said they were mistaken and Lerner was simply suggesting a referral for the group, not the Iowa lawmaker.
“You don’t refer people to the exempt organizations division,” he said, calling the accusations “false” and “irresponsible” on Ways and Means’ part.
Lerner and Grassley were invited to speak at the same event in winter 2012, but their invitations were swapped by accident. Lerner recalls that the topic was on 501(c)(4) and the conference was at a “nice resort,” her lawyer said.
The unnamed group offered to pay for Grassley’s wife to accompany him, something Lerner thought may have been improper. Her colleagues said it wasn’t and it appears she dropped it after that.
Taylor said Lerner, who is not currently working but filling her free time gardening and volunteering, had nothing against Grassley.
In most of her criticized email correspondence released thus far from GOP investigators, Lerner has referred to scrutinizing conservative groups, like Crossroads GPS, while at the same time joking with colleagues that she wanted to work for the pro-Obama group Organizing for America.
But while Republicans say that shows Lerner was a mouthpiece for the White House, Taylor says it was natural for her division to look at conservative groups in 2010 because their numbers were on the rise.
“After Citizens United, groups identifying themselves with the tea party and other, more conservative causes dramatically increased the number of applications for (c)(4) status,” he said, referring to the landmark Supreme Court ruling that significantly loosened restrictions on political spending.
He said it was simply the job of Lerner and the IRS to ensure such tax-exempt organizations follow the law, which bars them from using more than about half of their resources engaging in politics.
For Ways and Means Chairman Dave Camp “to say the IRS is looking at political activity is like [Captain Renault] saying he’s shocked there’s gambling going on in ‘Casablanca,’” he said.
When POLITICO asked Taylor if Lerner was able to give an example where she expressed concern over a liberal group or lawmaker, he did not offer one.
‘Cahoots’ with DOJ.
Taylor also responded to Oversight GOP reports that Lerner and Justice officials met in the fall of 2010 when Justice was considering the possibility of prosecuting 501(c)(4)s that may have been breaking rules by overly engaging in political activities — details Republicans found in emails handed over by the Justice Department.
Again, he said she was just doing her job.
“We should hope the two are talking to each other,” he said, because Justice and the IRS both bring tax charges and should be on the same page, he said.
Emails summarizing the meeting also show that Lerner apparently expressed skepticism that the (c)(4) issues were a criminal, rather than a civil, matter.
Oversight GOP has also hit Lerner for giving 1.1 million pages of tax return data about 501(c)(4) organizations to the FBI just before the 2010 midterms — 33 tax returns that included unlawfully disclosed private taxpayer information.
Taylor said Lerner didn’t know and sent them because Justice requested the documents: “She [understood] the donor information on Schedule B had been removed. In some cases, we later learned, it may not have been.”
The IRS has acknowledged that the 33 returns were not scrubbed of taxpayer information as required by law.
Printing ‘official’ emails — or not.
Taylor said Lerner did not print out official records she may have sent over email because she didn’t know she had to.
The Federal Records Act requires agencies to back up all “business” correspondence — anything dealing with policy or operations, for instance. And while the IRS says it’s up to employees to print off hard copies of official emails and file them, Taylor said Lerner did not because she “did not think it was required.”
National Archives, which oversees the law, and the Treasury Inspector General for Tax Administration are currently probing the lost emails and the backup policies. The Archivist has already said the IRS did not follow the law because it did not alert them to lost emails that could be important, which is required.
Republicans this week argued that Lerner should have printed many of her emails because, as head of an entire IRS division, much of her correspondence would be “official.”
But Taylor retorts that such responsibility would have fallen on her assistants or the IRS.
“If somebody is supposed to keep archived copies, that’s the IT department’s or her staff’s responsibility,” he said. “If she didn’t [print] something, it wasn’t because she tried to conceal anything. … There should have been [IRS] backup.”
Oh yes you can....The Democrats and Obama are LAW-Less because Republican “leaders” are BALL-LESS!!!!
Excellent point.
Only reason she’s talking now is through her attorneys for some small degree of public damage control.
It’s a whole lot easier for her to make statements than answering difficult questions from those not representing her.
More people now understand why the IRS should be eliminated.
The IRS has about 100,000 employees?
Gezzzz...
And this is just one government department...
“Wouldn’t those email messages be stored on the government email server?”
More than likely. But beyond that, only in the bad bad old days say pre 1995 would you have 100% unrecoverable hard drive crashes. Even if the backups were all on her hard drive, you should have been able to retrieve something.
A hard disk is a stack of disks with multiple read heads, sort of like stacked old phonographs. To wipe out everything, all the heads would have to impact and scrape all five layers clean. Data is also scattered, so it is really impossible for even a lucky hit to just wipe the email section.
And those disks are really solid, so to crash that many the drive would need to be in a truck crash, then run over by a train.
So no, their story doesn’t fly.
“She doesn’t know what happened.”
Why are we paying anyone in the Obama Administration?
Same reason why the tax payers are paying hundreds of billions for border patrol/security and receive nothing for their hard earned tax money, except funding their own demise.
IR$ industry $lut....
Koskinen said the email was stored on a disaster recovery tape and that it was “too difficult” to retrieve those emails, he thought they didn’t even try.
The drive allegedly failed in 2011.
“What makes the Z-Street case unique and potentially extremely damaging is that its lawsuit was filed in August 2010. That filing placed the IRS under legal obligation to preserve records.”
“Under the Federal Rules of Civil Procedure and legal precedent, once the suit was filed the IRS was required to preserve all evidence relevant to the viewpoint-discrimination charge. That means that no matter what dog ate Lois Lerner’s hard drive or what the IRS habit was of recycling the tapes used to back up its email records of taxpayer information, it had a legal duty not to destroy the evidence in ongoing litigation.”
http://americanthinker.com/blog/2014/06/the_sleeper_case_that_could_bust_open_the_irs_scandals.html
Is a “fifth” a fight back, WHY is she not speaking instead of???
Lumbo-Jumbo speaking. Give me a break!!!
Shouldn’t they impose a gag order on her...
Okay, I call BS! If the computer truly had a BSOD (”blue screen of death”) then the hard drive was at least spinning up and reading some of the sectors, even if it couldn’t boot into the OS. The BSOD is generated by the operating system kernel, not by the computer BIOS.
As long as the drive could spin up, it is a fairly simple procedure to recover data from it. Even if you had a head crash causing some physical damage to the platters, you could still recover data from the undamaged sectors. And if the electronics on the drive died, a data-recovery company could have moved the platters to a new drive and recovered the data.
Don’t know. But they should of held this arrogant “public servant” in contempt the first day she plead the 5th.
She’s guilty...They’ll likely give her immunity to spill the beans. There is no honor among thieves...
First to sequel, gets the deal.
Bet the rent, others who are guilty and in on this epic fraud are no doubt quite concerned right now...
Watch for someone else or others involved to come forward and spill their guts first, in an attempt to cover their azz for favors.
Could happen. Who knows..
Then why did she plead the fifth?
“I claim the 5th” normally shouldn’t be followed up with “yada yada yada, blue screen of death, witch- hunt, yada yada yada” if you intend to remain at liberty. Please, republicans- borrow a spine long enough to put this king kamehameha sized biaotch in the can.
CC
A lot of govt people print out key emails to keep in a binder. I do, in a case binder which I use as a “refresher” book to see what issues we have been discussing, what background papers I have for reference use, and what questions/answers I have/gotten on what we are doing.
I’ve worked on scores of cases and I have scores of binders and Research file boxes that I keep for referral and for others who will succeed me to see how I approached a case/issues/research.
Lerner has copies (or had). Somebody check and see if she has a paper shredder the size of Fargo, ND. Then see what’s left in it.
LL = Lying Leftist
Fiction.
She's talking again? I thought She took the 5th?
LOL! Ya, right!
>> Holder is the key. If the person in charge of the DOJ had any integrity at all...
Holder was held in Contempt of Congress but the House did NOTHING to enforce it.
This is the problem with capitulation, it limits your future options.
The House under Boehner does not “lean forward”, it doesn’t stand up, it kneels down and says “We’re ready to be led” (John Boehner said that when Obama was elected)
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