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Judge gives IRS week to explain missing emails
Politico ^ | 11 Jul 2014 | RACHAEL BADE

Posted on 07/11/2014 4:06:07 PM PDT by mandaladon

A federal judge Friday gave the IRS one week to hand over details on Lois Lerner’s crashed hard drive and how to track it, the second federal judge in as many days to seek more information about the elusive emails.

Judge Reggie Walton of the U.S. District Court of the District of Columbia ordered the the tax agency to find out by July 18 what happened to the crashed hard drive responsible for erasing two years worth of the former IRS official’s emails, including whether it’s traceable through a serial number.

If such information is gone, the judge wants an affidavit written under penalty of perjury by an IRS IT professional with “firsthand knowledge” of the situation.

News that two years worth of Lerner’s emails are gone has revitalized the waning controversy, which began in May 2013 when Lerner first revealed that her division was inappropriately targeting tea party groups seeking tax breaks.

The order could force the IRS to tell the court and the public information currently under wraps because of an ongoing watchdog investigation on the lost Lerner emails. The IRS says it cannot answer many congressional inquiries about the emails until after the Treasury Inspector General for Tax Administration (TIGTA) has completed its probe.

The IRS’s attorney, Justice Department lawyer Joseph Sergi, did not know when or how Lerner’s hard drive was recycled, prompting more questions from the judge.

(Excerpt) Read more at politico.com ...


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: dc; irs; lerner
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To: mandaladon

If you read the whole article you will come to this gem:
+++
Sergi also told the judge of the steps they IRS took to recover 25,000 of the missing Lerner emails by sifting through the archived emails of other employees she would have corresponded with.
+++
Sifting through emails must be really, really tedious. Indexing them and searching for Lerner, Lois however could take several milliseconds.OK, maybe even a few thousand milliseconds. How dumb do these people think we are?


21 posted on 07/11/2014 4:42:48 PM PDT by InterceptPoint (Remember Mississippi)
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To: GrandJediMasterYoda

It is all because government employees are judging government employees. It is one big unhealthy, inbred family.

Everyone knows one another’s closet and the number of skeletons in it.

Why did a guy like 0 survive this long? His handlers and protectors know all the skeletons.


22 posted on 07/11/2014 4:44:58 PM PDT by 353FMG
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To: InterceptPoint

How dumb do these people think we are?

Apparently very dumb. But these judges are not buying it. They are putting the pressure on the IT department to see if all required procedures were followed. There has to be a paper trail. Anyone who has worked for the government knows this, especially when it comes to government computers.


23 posted on 07/11/2014 4:47:25 PM PDT by WILLIALAL
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To: Bullish
Lois Lerner’s probably hiding under her bed by now.... Hiding from the Obama regimes ‘fixers’.

That's prudent unless she wants to 'commit suicide' by shooting herself in the head three times.

24 posted on 07/11/2014 4:54:15 PM PDT by MeganC (Never attribute to malice that which is adequately explained by stupidity.)
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To: pointsal

...or sight-seeing airplanes.


25 posted on 07/11/2014 4:56:54 PM PDT by PhiloBedo (You gotta roll with the punches and get with what's real.)
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To: MeganC

That’s the CIAs job!, A heart attack?....then there is drowning in Hawaii? It could be a secret disease unknown to the public like Clancy? Maybe she could get on a missing airliner?


26 posted on 07/11/2014 4:57:40 PM PDT by Kackikat (ELECTED officials took an OATH...get off your cowardly a$ses and be A PATRIOT now!)
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To: Kackikat

Maybe she will open up an envelope with that missing anthrax virus in it and they will blame it on the Tea Party.


27 posted on 07/11/2014 4:59:17 PM PDT by Eva
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To: Eva

Oh yeah...sounds like them.


28 posted on 07/11/2014 5:07:12 PM PDT by Kackikat (ELECTED officials took an OATH...get off your cowardly a$ses and be A PATRIOT now!)
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To: laplata

I would advise Lerner not to fly right now, especially to Hawaii....


29 posted on 07/11/2014 5:08:28 PM PDT by Kackikat (ELECTED officials took an OATH...get off your cowardly a$ses and be A PATRIOT now!)
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To: Bullish
Lois Lerner’s probably hiding under her bed by now....

...she's got plenty of beds to choose from...

...yet another "party of the poor" demon'rat.

...hmmm, looks like she could house at least a hundred or so "undocumented immigrants", don't you think?

30 posted on 07/11/2014 5:12:21 PM PDT by RckyRaCoCo (Shall Not Be Infringed)
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To: mandaladon

This could put the IRS in the clear...When the judge says that they testified under oath that the emails are unrecoverable, the case is over...

The judge didn’t say produce the emails, or else...Seems he just wants it on legal record that there are no more emails...


31 posted on 07/11/2014 5:19:50 PM PDT by Iscool
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To: mandaladon

TOO LENIENT!


32 posted on 07/11/2014 5:20:16 PM PDT by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: Iscool

Seems he just wants it on legal record that there are no more emails...

I think the judge’s intent is to see what procedures and actions were taken to recover the emails and dispose of the hard drive. Someone had to authorize the destruction of that hard drive.
There had to be an attempt to recover data off of that drive, or Lerner never would have been able to operate her office with just a new hard drive. The IT department would have had to reconstruct the data on her hard drive off of the backup tapes.
If they could recover any data off the tapes to reconstruct her new hard drive then why weren’t the emails recovered also.


33 posted on 07/11/2014 5:28:39 PM PDT by WILLIALAL
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To: mandaladon

Another week. Sounds like a delay tactic.


34 posted on 07/11/2014 5:44:58 PM PDT by bgill
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To: WILLIALAL
How dumb do these people think we are?

Apparently very dumb. But these judges are not buying it. They are putting the pressure on the IT department to see if all required procedures were followed. There has to be a paper trail. Anyone who has worked for the government knows this, especially when it comes to government computers.

The Federal Magistrate who has just been appointed, is familiar with discovery and electronic communications.
At some point, one of the peons who did something wrong, will spill his guts, one way or another. But when one rat leaves the ship, all the rest follow.
TWB

35 posted on 07/11/2014 6:14:35 PM PDT by TWhiteBear (Sarah Palin, the Flame of the North)
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To: mandaladon

JUDGE SULLIVAN ALSO WANTS TO HEAR FROM THE IRS

In the post immediately below, Scott reports that Judge Reggie Walton “wants to hear from the IRS.” Specifically, he wants the IRS to testify under oath about discovery issues pertaining to the destruction of evidence.

Judge Walton isn’t the only veteran District Court Judge here in Washington DC who wants to hear from the IRS about this matter. Yesterday, Judge Emmet Sullivan, a Clinton appointee, ordered the IRS to explain in writing and under oath how some of Lois Lerner’s emails went missing, and to detail any potential methods for recovering them. Judge Sullivan gave the Internal Revenue Service one month — until Aug. 10 — to file its report.

This order came in a suit by Judicial Watch. It is seeking a wide range of documents from the IRS, including Lois Lerner’s emails, as part of a Freedom of Information Act request

Judicial Watch had asked that the court compel IRS officials to testify about the lost emails. Judge Sullivan didn’t grant that request, opting instead for a written report. However, in addition to the written report under oath, he ordered that the IRS work with Judge John Facciola, a federal magistrate judge and an expert in electronic discovery, to find out how many of Lerner’s emails can be found through other methods.

Although Judicial Watch didn’t get all of the discovery methods it requested, Judge Sullivan’s ruling is still a win. Judicial Watch president Tom Fitton described the ruling as “a victory for public accountability.” He added: “These extraordinary court rulings are key steps in unraveling the Obama IRS’s ongoing cover up of its abuses against critics of this administration.”

http://www.powerlineblog.com/archives/2014/07/judge-sullivan-also-wants-to-hear-from-the-irs.php


36 posted on 07/11/2014 6:32:58 PM PDT by Hotlanta Mike (‘You can avoid reality, but you can’t avoid the consequences of avoiding reality.’)
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To: mandaladon

-— If such information is gone, the judge wants an affidavit written under penalty of perjury by an IRS IT professional with “firsthand knowledge” of the situation. -—

Me likey.


37 posted on 07/11/2014 6:36:35 PM PDT by St_Thomas_Aquinas ( Isaiah 22:22, Matthew 16:19, Revelation 3:7)
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To: Kackikat

Yep. They can get her in a variety of ways. I hope she is constantly sweating.


38 posted on 07/11/2014 6:37:37 PM PDT by laplata (Liberals don't get it .... their minds are diseased.)
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To: MeganC

That’s prudent unless she wants to ‘commit suicide’ by shooting herself in the head three times.


Obama would say “Case closed, the worst case of suicide we’ve ever seen”.


39 posted on 07/11/2014 6:39:25 PM PDT by laplata (Liberals don't get it .... their minds are diseased.)
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To: TWhiteBear

But when one rat leaves the ship, all the rest follow.....

I feel this is what the judge is after. Putting pressure on the IT personnel to swear under threat of perjury they followed procedures and directives.
There are established procedures when a government computer crashes. Were they followed? Who directed the recovery efforts?
Were all of the files stored on Lerner’s hard drive lost?
How was her computer files recovered besides the emails?


40 posted on 07/11/2014 6:42:54 PM PDT by WILLIALAL
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