The IRS Scandal, Day 1114

Wall Street Journal editorial, Instant Document Destruction at the IRS:

Has the Internal Revenue Service been systematically evading federal record-keeping laws? On Monday the Cause of Action Institute sued the IRS and commissioner John Koskinen for refusing to preserve electronic employee communications that concern official business.

Cause of Action says that in 2010 the IRS struck a little-noticed agreement with the National Treasury Employees Union not to record employees’ instant messages. The watchdog group also says that in response to its Freedom of Information Act requests for text messages sent by senior IRS officials, the agency replied that due to “routine system housekeeping” and “spacing constraints,” IRS text messages are retained for only 14 days before they are deleted.

Both actions appear to violate the Federal Records Act that requires agencies to preserve all relevant documents. The agency says it retains emails, at least those that don’t disappear in mysterious computer crashes. But if employees can send text messages and not save them, they can avoid records retention. “No agreement with a union or any other party can supersede Americans’ right to know how the IRS makes decisions,” says Cause of Action. “In addition, the IRS is violating the law by regularly deleting all employee text messages as a matter of convenience.”

• Cause of Action Institute Press Release, Institute Files Complaint Against IRS for Destroying Records
• Cause of Action Institute v. IRS, No. 16-969 (D.C. D.C. May 23, 2016), Complaint
• Cause of Action Institute v. IRS, No. 16-969 (D.C. D.C. May 23, 2016), Exhibits
• Daily Caller, Suit: IRS Colluded With Union To Delete Records, Broke Federal Law
• Federal Times, Watchdog: IRS, Union Agreement Violates Records Law
• Law Newz, IRS Slammed With Lawsuit For Destroying Electronic Records
• Washington Times, IRS Sued Over Erased Instant Messages

• The IRS Scandal, Day 1113 (May 26, 2016)
• The IRS Scandal, Day 1112 (May 25, 2016)
• The IRS Scandal, Day 1111 (May 24, 2016)
• The IRS Scandal, Day 1110 (May 23, 2016)
• The IRS Scandal, Day 1109 (May 22, 2016)
• The IRS Scandal, Day 1108 (May 21, 2016)
• The IRS Scandal, Day 1107 (May 20, 2016)
• The IRS Scandal, Day 1106 (May 19, 2016)
• The IRS Scandal, Day 1105 (May 18, 2016)
• The IRS Scandal, Day 1104 (May 17, 2016)
• The IRS Scandal, Day 1103 (May 16, 2016)
• The IRS Scandal, Day 1102 (May 15, 2016)
• The IRS Scandal, Day 1101 (May 14, 2016)
• The IRS Scandal, Days 1001-1100 (Feb. 4, 2016 - May 13, 2016)
• The IRS Scandal, Days 901-1000 (Oct. 27, 2015 - Feb. 3, 2016)
• The IRS Scandal, Days 801-900 (July 19, 2015 - Oct. 26, 2015)
• The IRS Scandal, Days 701-800 (April 10, 2015 - July 18, 2015)
• The IRS Scandal, Days 601-700 (Dec. 31, 2014 - April 9, 2015)
• The IRS Scandal, Days 501-600 (Sept. 22, 2014-Dec. 30, 2014)
• The IRS Scandal, Days 401-500 (June 14, 2014 - Sept. 21,2014)
• The IRS Scandal, Days 301-400 (Mar. 6, 2014 - June 13, 2014)
• The IRS Scandal, Days 201-300 (Nov. 26, 2013 - Mar. 5, 2014)
• The IRS Scandal, Days 101-200 (Aug. 18, 2013 - Nov. 25, 2013)
• The IRS Scandal, Days 1-100 (May 10, 2013 - Aug. 17, 2013)