Paul L. Caron
Dean



Monday, August 25, 2014

The IRS Scandal, Day 473

IRS Logo 2Personal Liberty Digest: IRS Answers Due Today In Lawsuit Over Missing Lerner Emails:

The Internal Revenue Service is expected to present sworn testimony today to a federal judge who cracked down on the agency after it offered dismissive responses to a previous discovery order aimed at explaining how Lois Lerner’s infamous “lost” emails went missing. ...

Judicial Watch’s lawsuit against the IRS is faring better than a similar one filed by Texas-based conservative group True the Vote. Earlier this month, federal judge Reggie Walton denied True the Vote’s request for an independent forensic audit of IRS computers connected with Lerner’s emails, saying it would only duplicate the investigative efforts of the government’s Treasury Inspector General for Tax Administration.

 

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-irs-sc-2.html

IRS News, IRS Scandal, Tax | Permalink

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