Paul L. Caron
Dean



Sunday, August 24, 2014

The IRS Scandal, Day 472

IRS Logo 2The American Thinker: IRS E-mails: The Perfect Storm:

August 22 is another deadline for the Obama administration’s IRS officials to come clean about their clear malfeasance in office. Judge Emmet Sullivan, who has acted sua sponte to compel IRS officials to provide all the details surrounding the “lost” e-mails, has the reputation of a judicial pit bull, a federal judge who insists that his orders and his office be treated with proper respect.

This is a scandal ordinary Americans can completely grasp in all its incarnations. The Obama administration picks out its political opponents for particular persecution. The organ of federal power chosen for this persecution, the IRS, is despised and feared by millions of Americans. Did Obama’s flacks forget that the last major congressional action to rein in the IRS, the IRS Restructuring and Reform Act of 1998, passed the Senate by a vote of 97 to 0 and the House by a vote of 402 to 8, and was signed into law by Bill Clinton? ...

The explosion of information technology expertise among ordinary Americans means that even the relatively apolitical snicker at the hapless efforts of the IRS bosses to pretend that all the e-mail records have been lost. Most Americans use e-mails all the time and know just how difficult it would be to utterly scrub forever even casual e-mails sent to friends and acquaintances. Most Americans in their ordinary lives assume that an e-mail they send will exist in myriad places, and that if their computers crash, this will not affect these independent records of e-mails sent.

The scandal then is the perfect storm of political corruption. Obama’s IRS partisans do something very bad. They complement this misbehavior with condescending e-mails that seem to relish their abuse of political opponents. When confronted by the proper regulating agency within our constitutional system, Congress, they smirk, dissemble, rebel, and ignore. These bad folks then assume that ordinary Americans know much less about information technology than they do and think that they can lie with impunity. When the third branch of government, the Judicial Branch, is brought into the argument, these IRS clowns lie and hide again. ...

What all this means is that when these records appear – and with a federal judge threatening IRS employees with jail time, these records will appear – then the whole sordid mess will implode like a deck of cards. The depth of corruption, like the depth of corruption in the VA scandal, will be impossible to fob off as rogue employees acting badly. Heads will have to roll, and this grim knowledge will move those who know the truth – very likely people we have not heard of yet – to come out of the shadows and to spill their guts to save themselves. It is the perfect storm, and it is coming up fast.

 

The order from U.S. District Court Judge Emmett Sullivan was certainly clear enough. In a landmark victory for Judicial Watch, the federal judge ordered the IRS to submit sworn declarations detailing what happened to Lois Lerner’s “lost” emails and what steps were being taken to find them. What was provided was a garbled explanation from no less than five IRS officials with more holes than a block of Swiss cheese. ...

These sworn declarations came from five IRS officials: Aaron G. Signor, John H. Minsek, Stephen L. Manning, Timothy P. Camus, and Thomas J. Kane.

We noted that the IRS and DOJ filings seem to treat as a joke Judge Sullivan’s order requiring the IRS to produce details about Lois Lerner’s “lost” emails and any efforts to retrieve and produce them to Judicial Watch as required under law.

This is the story we’re supposed to believe, according to these IRS officials: Lerner’s crashed drive was analyzed by two technicians who employed a variety of tech tactics to recover the data, to no avail. The drives – which, mind you, had no recoverable data according to these experts – were then “degaussed” (wiped clean) “to protect against any possible disclosure of… taxpayer information.” Anyone with even a passing familiarity with the IRS email scandal would have realized that these filings were a blatant continuation of the cover-up.

Well, if there’s one thing I know, it is that most federal courts don’t take kindly to being treated disrespectfully and expected to act like a somnolent member of Congress as administration officials mislead, omit, and play games.

Sure enough, in a stunning move, Judge Sullivan took the extraordinary step of launching an independent inquiry into the issue of Lerner’s missing emails. ...

Judicial Watch has filed hundreds of FOIA lawsuits. I have never seen this type of court action in all my 16 years at Judicial Watch.

Judge Sullivan has already authorized Judicial Watch to submit a request for limited discovery into the missing IRS records after September 10. So stay tuned for further details very soon.

Judge Sullivan took the additional step of appointing Magistrate Judge John M. Facciola to manage and assist in discussions between Judicial Watch and the IRS about how to obtain the missing records. Magistrate Facciola is an expert in e-discovery.

https://taxprof.typepad.com/taxprof_blog/2014/08/the-1.html

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