Lois Lerner’s attorney backtracks: Okay, maybe she printed out ‘some’ emails

posted at 4:41 pm on July 9, 2014 by Noah Rothman

On Wednesday, former Internal Revenue Service official Lois Lerner’s attorney changed his tune on just how lost those two years’ worth of emails actually were. Lerner’s lawyer, William Taylor II, said that Lerner had printed out some emails in order to comply with records-keeping laws. He had previously said that Lerner did not print and file her email communications because she was unaware that she was required to do so.

“During her tenure as Director of Exempt Organizations, she did print out some emails, although not every one of the thousands she sent and received,” Taylor said in a statement.

In an exchange with Politico, Taylor quibbled over whether or not he had misled that news organization when he told them that Lerner did not print out any emails.

“Your question was whether she printed out ‘official records’ and filed them. I am not saying she did that,” Taylor wrote to Politico reporters. That presumes a level of scrutiny and process over every email that did not occur.”

IRS Commissioner John Koskinen testified before Congress that it was his understanding that Lerner had printed out her emails as required by the Federal Records Act. Later, however, Koskinen testified that Lerner may not have printed out her emails because she “did not think it was required.”

In one email released by the House Oversight Committee, Lerner noted that members of Congress had inquired about her email records, “so we need to be cautious about what we say in emails.” She also inquired about whether or not the IRS’s email archives could be easily searched.

Lerner sent this communication just over a month prior to her announcement that the IRS had inappropriately targeted conservative groups.

Capture

According to the Wall Street Journal, the latest emails released also suggest that IRS officials routinely used an instant-messaging system which was not archived.

“I was cautioning folks about email and how we have had several occasions where Congress has asked for emails and there has been an electronic search for responsive emails—so we need to be cautious about what we say in emails,” Ms. Lerner wrote. “Someone asked if [instant messaging] conversations were also searchable—I don’t know, but told them I would get back to them. Do you know?”

“[Instant] messages are not set to automatically save as the standard; however the functionality exists within the software,” the technician wrote back. “My general recommendation is to treat the conversation as if it could/is being saved somewhere, as it is possible for either party of the conversation to retain the information and have it turn up as part of an electronic search.”

“Perfect,” Ms. Lerner replied.

Oversight Committee Chairman Rep. Darrell Issa (R-CA) did not mince words about the new revelations:


Related Posts:

Breaking on Hot Air

Blowback

Note from Hot Air management: This section is for comments from Hot Air's community of registered readers. Please don't assume that Hot Air management agrees with or otherwise endorses any particular comment just because we let it stand. A reminder: Anyone who fails to comply with our terms of use may lose their posting privilege.

Trackbacks/Pings

Trackback URL

Comments

Comment pages: 1 2

Fugit … Gowdy or Issa … get going!

Missilengr on July 9, 2014 at 6:07 PM

Throat Wobbler Mangrove on July 9, 2014 at 5:30 PM

Thanks for the links. Interesting that the Washington Post had no problem with House jail time for Bushies when he was President. You may be onto something. If I followed Ex parte Grossman correctly, Obama would be prevented from pardoning Lerner for her civil contempt conviction by the House– and in a subterranean cell she would remain until the Speaker ordered her release. Now, if they threw her in the DC jail and Obama ordered her released, you can imagine whose orders the jailer would follow… and what Boehner would (not) do about it.

de rigueur on July 9, 2014 at 6:15 PM

Cut their funding NOW!

Iblis on July 9, 2014 at 6:22 PM

Lawyers don’t change their tune unless something turns up to prove the knowingly lied.

GarandFan on July 9, 2014 at 6:27 PM

verbaluce on July 9, 2014 at 5:04 PM

Scooter Libby loses one email, mentions in passing he thinks one Leftist org should have IRS scrutiny (despite Scooter having no authority in the area)… weekly rallies at the White House and every network devoting multiple reporters to the story… NYT and WaPo front-page for months.

Verbosoty would be cheering from the stands and donating money to ANSWER.

mankai on July 9, 2014 at 6:29 PM

Mmm emails telling employees not to send emails to avoid possible criminal activity. Nahhh nothing to be suspicious about.

jaywemm on July 9, 2014 at 6:30 PM

Peoples lips get loose when people start going to jail.

Lerner should already be in jail but regardless she needs to be NOW. If she doesn’t start singing start calling in the tech guys etc under the cloud of perjury risk and people will start singing CYA is powerful.

C-Low on July 9, 2014 at 6:33 PM

It’s getting so you can’t tell the scandals without a scorecard.

crankyoldlady on July 9, 2014 at 6:33 PM

It’s getting so you can’t tell the scandals without a scorecard.

crankyoldlady on July 9, 2014 at 6:33 PM

Unfortunately, so far it’s not hard to tell who’s winning all of them.

de rigueur on July 9, 2014 at 6:38 PM

oh and i meant to add the likely other side of her emails (simple list of employees and job duties should determine the who). Some may not be willing to volunteer info but at the sametime not risk jail for themselves just to cover for her.

C-Low on July 9, 2014 at 6:39 PM

She should be horsewhipped.

Othniel on July 9, 2014 at 6:39 PM

Yep throw her jail.

sorrowen on July 9, 2014 at 6:42 PM

Lawyers don’t change their tune unless something turns up to prove the knowingly lied.

GarandFan on July 9, 2014 at 6:27 PM

Maybe this Bill offers $1 million reward for lost IRS emails is paying off.

NightmareOnKStreet on July 9, 2014 at 6:43 PM

Ugh, the Nixon-era modified limited hangout. If only Woodward & Bernstein didn’t have their heads stuffed firmly in Obama’s ass.

CaptainNed on July 9, 2014 at 6:45 PM

I don’t really need Lerner to go to jail. If there is anything to this, Big Government could leave a bad taste in people’s mouths for a long time.

Of course, if people’s memory clears when the focus on the bars ahead of them, it’s okay that the threat of jail is there.

I more appreciate how petty and partisan and rules-are-not-for-our-kind the libs could come out looking over this (at least in my fondest dreams).

Axeman on July 9, 2014 at 6:54 PM

Finally, does Lerner have a Richard Windsor account for her communication with the White House? I have not heard anybody ask that question of the lying whore or her taxpayer paid attorney.

Happy Nomad on July 9, 2014 at 5:18 PM

Interesting sidenote: Did you know that Lisa Jackson aka Richard Windsor serves as a board member of the Bill, Hillary, and Chelsea Clinton Foundation (for money laundering)?

onlineanalyst on July 9, 2014 at 6:55 PM

Maybe this Bill offers $1 million reward for lost IRS emails is paying off.

NightmareOnKStreet on July 9, 2014 at 6:43 PM

That’s a joke. A typical pension alone for a drone like Lerner is worth well over a million. Make it ten million and you might get some nibbles.

slickwillie2001 on July 9, 2014 at 6:55 PM

Leave it to Texas! Gotta love Congressman Louie Gohmert!!

Two Republican lawmakers have introduced a bill offering a $1 million reward to anyone who can recover former IRS official Lois Lerner’s lost emails.

The Identify and Recover Sent E-Mails Act from Reps. Bill Flores (R-Texas) and Louie Gohmert (R-Texas) would also offer a $500,000 reward for information that leads to a criminal prosecution over the missing emails and would cut the pay of IRS employees by 20 percent until they are found…

Let’s hope it pays off. Then start offering same for Benghazi info, Fast & Furious… on & on. In the end it will save us money vs endless investigations. Maybe it will save our country as well.

NightmareOnKStreet on July 9, 2014 at 7:06 PM

That’s a joke. A typical pension alone for a drone like Lerner is worth well over a million. Make it ten million and you might get some nibbles.

slickwillie2001 on July 9, 2014 at 6:55 PM

I’m not thinking they’ll flip Lerner or her high paid buddies with a $1 million reward. I’m thinking some teenage computer genius who wants to retire right out of high school.

NightmareOnKStreet on July 9, 2014 at 7:11 PM

Since this administration likes to routinely use private email services for communicating without the hindrance of through official government communication services (as they are required by law to be kept though seems this administration considers that law merely only a suggestion) subpoena gmail, Hotmail, etc. for any and all records pertaining to members of this administration…

terlizzi99 on July 9, 2014 at 7:13 PM

Holder isn’t going to prosecute her. Game over.

edrebber on July 9, 2014 at 5:34 PM

Holder has no say in the matter. The House has full enforcement power for a contempt conviction. She can be jailed in the House pokey to the end of the current session. And then jailed again for the next one. And the next one. And the next one.

de rigueur on July 9, 2014 at 6:01 PM

Bo(eh)ner isn’t going to do that because she did his dirty work for him. So what if she also tried to take out Karl Rove? Even though his thought processes were the same as the DC Insiders, he wasn’t an Insider.

Steve Eggleston on July 9, 2014 at 7:25 PM

Bo(eh)ner isn’t going to do that because she did his dirty work for him.

Steve Eggleston on July 9, 2014 at 7:25 PM

No doubt. But the one thing you can count on from men like Boehner is– nothing. They’re squishy. And can be pressured into doing things they’d rather not. Like bringing a finding of contempt resolution to the House floor for a vote in the first place. Okay, took a lot of months and probably a lot of pressure from Issa’s committee and their allies, but he did cave. Hoping that’s the end of it, I’m sure. But it isn’t.

Besides, whether Lerner sits in silence on a Pacific atoll or in a basement cell beneath the Capitol, what does Boehner care? I doubt if he was more than an indirect beneficiary of what she actively conspired with DOJ and the White House to do, and I doubt he feels that he personally owes her any debt of gratitude.. He’s a squish, and his loyalty is only to his big donors. Including, perhaps, Rove-pac money. And knowing she probably has much more to fear from White House retaliation than anything Boehner has the stomach for if she talks, Boehner could just as easily under pressure decide to throw another sop to the base (the lawsuit thing doesn’t seem to be mollifying anyone), and let her rot in jail. In silence.

All fanciful speculation, I’ll agree, but then, who knows which way a squish might slide next?

de rigueur on July 9, 2014 at 8:01 PM

Who would of guessed the regime was full of liars?

DinaRehn on July 9, 2014 at 8:16 PM

Issa should give Lerner one more chance to “talk” or face charges, arrest, and possible jail time.

Amazingoly on July 9, 2014 at 8:32 PM

Issa should give Lerner one more chance to “talk” or face charges, arrest, and possible jail time.

Amazingoly on July 9, 2014 at 8:32 PM

She’s been charged and convicted by the House already:

H. Res. 574

In the House of Representatives, U. S.,

May 7, 2014.

Resolved, That because Lois G. Lerner, former Director, Exempt Organizations, Internal Revenue Service, offered a voluntary statement in testimony before the Committee, was found by the Committee to have waived her Fifth Amendment Privilege, was informed of the Committee’s decision of waiver, and continued to refuse to testify before the Committee, Ms. Lerner shall be found to be in contempt of Congress for failure to comply with a congressional subpoena.

Resolved, That pursuant to 2 U.S.C. 192 and 194, the Speaker of the House of Representatives shall certify the report of the Committee on Oversight and Government Reform, detailing the refusal of Ms. Lerner to testify before the Committee on Oversight and Government Reform as directed by subpoena, to the United States Attorney for the District of Columbia, to the end that Ms. Lerner be proceeded against in the manner and form provided by law.

Resolved, That the Speaker of the House shall otherwise take all appropriate action to enforce the subpoena.

Attest:

Clerk.

It is within Boehner’s power as Speaker of the House to order her arrest by the Sergeant-at-Arms and throw her into the House pokey right now.

de rigueur on July 9, 2014 at 8:43 PM

Issa should give Lerner one more chance to “talk” or face charges, arrest, and possible jail time.

Amazingoly on July 9, 2014 at 8:32 PM

This has less to do with anything going on in Congress, and almost everything to do with the various civil actions. The IRS is anticipating losing some serious discovery motions and this is damage control. Moreover, unlike the DOJ attorneys who are essentially immune from judicial sanctions, Lerners attorney might just have a different set of problems regarding his representations in court.

cthemfly on July 9, 2014 at 8:51 PM

I just got back from a meeting at the VA in Loma Linda CA. There are a million Lerners and like ilk in the US Govt. But she is a mere kitten from what I’ve encountered at the VA in Loma Linda. I’m so tempted to go to the “IG” but nothing would come out of it. Fascists protect fascists.
The nation is truly lost.

oceansidecon on July 9, 2014 at 5:48 PM

I hope you’re still ‘here’, or at least check-in.

You don’t go to the IG.

You go first to the local media–ANY local media. First, the one(s) closest to you, print or local cable. You press the issue and continue to press. Before long, and with some luck, it’s picked up by other local media. That’s the only way to get your story out these days (Murietta, e.g.)

jersey taxpayer on July 9, 2014 at 8:55 PM

She should be horsewhipped.

Othniel on July 9, 2014 at 6:39 PM

Yep throw her jail.

sorrowen on July 9, 2014 at 6:42 PM

HA Happy Hour comments.
/a fan

bettycooper on July 9, 2014 at 9:05 PM

Remember when the (D)s used to put those QUESTION AUTHORITY bumper stickers on their Saabs?

rogerb on July 9, 2014 at 5:36 PM

There are no such things as questions when they are the authority.

trigon on July 9, 2014 at 9:25 PM

Before long, we’re going to be looking enviously at Bananna Republics.

Quite the fundamental change.

trigon on July 9, 2014 at 9:28 PM

I don’t know how much the American people care about any of these Obama scandals. New poll out today shows Scott Brown now trailing Shaheen in NH by 12 friggin points.

mypalfish on July 9, 2014 at 10:03 PM

Ugh, the Nixon-era modified limited hangout. If only Woodward & Bernstein didn’t have their heads stuffed firmly in Obama’s ass.

CaptainNed on July 9, 2014 at 6:45 PM

But Nixon was the scourge of Mankind-Norman Lear and Rob Reiner told us so!

Dr. ZhivBlago on July 9, 2014 at 10:31 PM

Not even a smidgen of corruption.

Good Lt on July 9, 2014 at 10:32 PM

I don’t know how much the American people care about any of these Obama scandals. New poll out today shows Scott Brown now trailing Shaheen in NH by 12 friggin points.

mypalfish on July 9, 2014 at 10:03 PM

That’s just awful.

arnold ziffel on July 9, 2014 at 10:51 PM

Ha! When I started the post, I read it as “Señor Obama …” ¡Arriba!

texacalirose on July 9, 2014 at 11:29 PM

“I was cautioning folks about email and how we have had several occasions where Congress has asked for emails and there has been an electronic search for responsive emails—so we need to be cautious about what we say in emails,” Ms. Lerner wrote. “Someone asked if [instant messaging] conversations were also searchable—I don’t know, but told them I would get back to them. Do you know?”

blatant — perfectly blatant.

how is this not the biggest news story of the day?

jaxisaneurophysicist on July 9, 2014 at 11:33 PM

I don’t know how much the American people care about any of these Obama scandals. New poll out today shows Scott Brown now trailing Shaheen in NH by 12 friggin points.

mypalfish on July 9, 2014 at 10:03 PM

Scandals? Huh, wha? What scandals, Dude?

Dr. ZhivBlago on July 9, 2014 at 11:35 PM

“I don’t really need Lerner to go to jail. If there is anything to this, Big Government could leave a bad taste in people’s mouths for a long time.”

I do. If nobody goes to jail over this, what exactly merits jail time? This is not simple GOP v. Dem infighting. It’s government agencies targeting citizens for their political views. If this sort of thing can go unpunished, what’s the use in even voting? It’s only a matter of time before your vote is held against you.

This is no joke. Freedom itself is under assault. The entire point of America is to make sure this sort of thing cannot happen regardless of whether the target is “liberal” or “conservative.”

hamiltmc on July 10, 2014 at 12:21 AM

If we win in 2016, the statutes will still be in effect. Get ready honey. If your girl doesn’t make it, you are going to jail.

archer52 on July 10, 2014 at 1:05 AM

Isn’t it time to arrest this ugly sack of dirt for obstruction of justice if not more?

Dollayo on July 10, 2014 at 2:28 AM

Put Lois in the “House jail” now…

Khun Joe on July 10, 2014 at 5:01 AM

“We need to be cautious about what we say in emails”

That she would feel comfortable writing this to her staff suggests the corruption goes well beyond Lerner, and that her entire department was complicit.

petefrt on July 10, 2014 at 6:16 AM

And yet, no one has been arrested or charged with a crime. How do you think that would work out for any of us who aren’t in the government?

earlgrey on July 10, 2014 at 10:03 AM

This nasty bit$h needs to be measured for an orange jumpsuit. That will wipe that smug condescending smirk off her face……..real fast!

RWRFAN on July 10, 2014 at 10:07 AM

What if there are traces of these emails somewhere, text messages copied somewhere…Blackberry communications replicated somewhere? Backup tapes with encrypted info just waiting for the right professional to decode? Everyone could not have possibly Cleansed this stringently by coincidence.

Fleuries on July 10, 2014 at 11:49 AM

Comment pages: 1 2