What can the judge do if the IRS continues to stonewall, using the “we lost the data” argument?
There are numerous instances of destruction of Emails and other official government correspondence in violation of federal law. Boehner needs to reach down into his girly pants and locate his b*lls and ORDER THE SARGEANT AT ARMS TO START MAKING ARRESTS. This is the only recourse since the criminal DOJ is complicit in obstruction of justice.
I would never underestimate what a judge can do, especially if involves what transpires inside his courtroom.
I recall in the O.J. case that the defense brought to the judge's attention that a knife existed at O.J.'s home and that the police had failed to take it into evidence.
I believe that the judge appointed a "master" who then had authority to go to O.J.s house and take possession of the knife. This mystery object was in a sealed envelope for much of the trial.
Probably whatever authority the judge can grant to others, he can also use to advance matters himself. Search warrants, arrest warrants, subpoenas, gag orders, injunctions, contempt citations, and who knows what else. He can probably grant a witness immunity from prosecution in order to defeat a claim of self-incrimination.
All of the above actions would be subject to appeals, perhaps ultimately to the Supreme Court. Our judiciary system will continue to function as long as law-abiding citizens will recognize their authority. Unfortunately, Obama's injustice Department is busy undermining the rule of law faster than the courts can reverse it.