IRS now claims Lois Lerner’s emails not really missing, just really hard to find

posted at 8:41 am on August 26, 2014 by Noah Rothman

Increasingly, those who continue to insist that there was no cover-up at the IRS after it was revealed that administrators consciously targeted conservative groups with undue scrutiny are finding that the burden of proof is on them to substantiate this outlandish claim. The undeniable evidence of malfeasance and criminality at the nation’s tax collection agency is mounting.

On Monday, the watchdog group Judicial Watch published a statement from the organization’s president which indicates that the IRS believes that Lois Lerner’s supposedly lost emails do exist, but that they would simply be difficult to uncover.

Department of Justice attorneys for the Internal Revenue Service told Judicial Watch on Friday that Lois Lerner’s emails, indeed all government computer records, are backed up by the federal government in case of a government-wide catastrophe. The Obama administration attorneys said that this back-up system would be too onerous to search. The DOJ attorneys also acknowledged that the Treasury Inspector General for Tax Administration (TIGTA) is investigating this back-up system.

We obviously disagree that disclosing the emails as required would be onerous, and plan to raise this new development with Judge Sullivan.

This is a jaw-dropping revelation. The Obama administration had been lying to the American people about Lois Lerner’s missing emails. There are no “missing” Lois Lerner emails – nor missing emails of any of the other top IRS or other government officials whose emails seem to be disappearing at increasingly alarming rate. All the focus on missing hard drives has been a diversion. The Obama administration has known all along where the email records could be – but dishonestly withheld this information.

Chalk up “To onerous to search” as yet another excuse the IRS has made in its own defense that they would never let you get away with amid an audit.

The indications of criminal conduct out of the IRS did not stop there. On Monday, court filings revealed that the tax agency destroyed Lerner’s blackberry on which the suspect emails were contained after the agency learned that her computer had crashed and a congressional inquiry was already underway.

Via the New York Observer’s Sidney Powell:

Judge [Emmet] Sullivan has had to pry information from the IRS to learn anything about Ms. Lerner’s Blackberry. Now, with these latest revelations, I’m confident he’s not finished.

In two elusive and nebulous sworn declarations, we can glean that Ms. Lerner had two Blackberries. One was issued to her on November 12, 2009. According to a sworn declaration, this is the Blackberry that contained all the emails (both sent and received) that would have been in her “Outlook” and drafts that never were sent from her Blackberry during the relevant time.

With incredible disregard for the law and the Congressional inquiry, the IRS admits that this Blackberry “was removed or wiped clean of any sensitive or proprietary information and removed as scrap for disposal in June 2012.” This is a year after her hard drive “crash” and months after the Congressional inquiry began.

In June, the White House suggested that the Republican-backed probes into the IRS’s behavior amounted to little more than the servicing of their paranoid “conspiracy theories.” Increasingly, though, tax agency officials appear to have been involved in a something closer to a genuine plot to hide evidence of wrongdoing from the public.

And those Democrats who continue to defend this agency out of some misguided sense of loyalty toward the president will find themselves in an increasingly untenable position. Those smart enough to read the writing on the wall see that. The dam is about to burst.

The National Review’s Kevin Williamson’s reaction to the latest developments was succinct and comprehensive:

Indeed.


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Let’s pretend this is an audit and get looking. That’s what we’d have to do.

COgirl on August 26, 2014 at 11:33 AM

MarshFox

Bmore on August 26, 2014 at 11:34 AM

Couldn’t we ask all of the people who helped crowdsource Palin’s emails to help go through the backup tapes? I’m certain they are just as interested in the truth in this case…

Spiders from Mars on August 26, 2014 at 11:39 AM

Complete audit of Kevin D. Williamson by every government agency to begin in 5….., 4….., 3……, 2…….

famous amos on August 26, 2014 at 11:44 AM

…those Democrats who continue to defend this agency out of some misguided sense of loyalty toward the president will find themselves in an increasingly untenable position.

Like that has ever made a difference. It is a democrat SOP to lie, deny, lie and deny some more – you can always apologize later. We’ve seen it in action in every scandal and investigation, and there are NEVER any criminal charges against the perpetrators.

earlgrey on August 26, 2014 at 11:45 AM

ROFL

Have they looked under Lerner’s couch, I find all sorts of things under my couch.

Bishop on August 26, 2014 at 11:46 AM

She cleared her i-phone too.

The biatch s/b in prison already.

She will be.

Schadenfreude on August 26, 2014 at 11:47 AM

Can someone intervene with a lawsuit against the IRS for wasting taxpayers money with their coverup? I suppose it would be a more appropriate suit if it were one of embezzlement of funds, or something of that tenor, for personal gain in an effort to evade liability for criminal actions while in office.

Dusty on August 26, 2014 at 11:52 AM

If no one goes to prison for this, it is proof that this government has forfeited it’s moral and legal authority to govern.

ConstantineXI on August 26, 2014 at 11:56 AM

If no one goes to prison for this, it is proof that this government has forfeited it’s moral and legal authority to govern We the People are no longer marginally close enough to moral and virtuous enough to live in freedom.

ConstantineXI on August 26, 2014 at 11:56 AM

More accurate. We get the government we as a nation deserve. You and I do not have enough allies in this nation to have a nation of value.

astonerii on August 26, 2014 at 11:59 AM

Sure looks like the Fed fascists were in delete mode….Eric Holder used an Executive order to hide his misdeeds.

d1carter on August 26, 2014 at 12:03 PM

They also destroyed her Blackberry!

Sven on August 26, 2014 at 12:05 PM

Do a search for “Lois Lerner” in your back-up….

If the government system that the tax payers have paid billions for cannot do that…..

Time to scrap the government.

redguy on August 26, 2014 at 12:07 PM

When will DOJ, IRS, Inspector General walk this back…?it was all a mistake. You know like ISIS is like nothing we’ve seen before…

d1carter on August 26, 2014 at 12:16 PM

I think the point that most people seem to be missing here is that the WH and congress have always known about this storage in Utah all the time and just keep it from we the people. Ed Snowdon told about it two years ago yet here we are after years of stonewalling yet another few years to get the info. This is pure and symple a government wide RICO cast. Stop thinking other wise. They will just stall until they all retire very rich with our money. Please stop them now when it will still do some good. Retrieving the info will only take hours.
Not years.

jpcpt03 on August 26, 2014 at 12:23 PM

Lying effectively is a lot of work. It gets even harder when a large number of people are in on the lie. The house of cards is collapsing quickly and the administration is in a state of withdrawal and denial domestically and internationally. At this point I’d suggest to the Narcissist-in-Chief that he will be a laughingstock for the next 40 years. That will no doubt cause a catatonic state, a long hospital stay, and the caring sympathy of all the maniac racists who have persecuted him all these years. When that’s done Biden will resign due to threats he’ll spend 30 minutes alone with Harry Reid while they watch a YouTube video of Biden pulling his foot out of his mouth. Sounds like a win/win.

Or, there is simple reality. Eventually the farce that these lying cowards have created will crash because they overlooked some insignificant detail. On that day there will be a national celebration that will make Independence Day look like a picnic.

abester on August 26, 2014 at 12:24 PM

Do a search for “Lois Lerner” in your back-up….

If the government system that the tax payers have paid billions for cannot do that…..

Time to scrap the government.

redguy on August 26, 2014 at 12:07 PM

No can do. Its all Microsoft’s fault… they got rid of clippy, so they don’t have a search function anymore.

oryguncon on August 26, 2014 at 12:25 PM

I think Lois Lerner would look good in orange.

Tater Salad on August 26, 2014 at 12:26 PM

Perhaps in the rightwing make-believe fantasy world, some super-duper computer could just perform some magical data search for only emails sent by Ms. Lerner. Yeah right.

Frank Lib on August 26, 2014 at 9:04 AM

Haha. Solid gold, Frank.

Chuck Schick on August 26, 2014 at 12:27 PM

I’d venture to guess that Judge Sullivan is none to pleased with the latest IRS shenanigans towards their past actions and statements and the newly required, under oath statements that he has insisted upon.

What is clear is that the IRS, and likely other Administration Departments (FEC, DoJ, DeptTreas, and WH Chief Counsel and WH Political Office) have engaged in an open cover-up and obfuscation of multiple illegal activities including unprecedented abuses of power.

The ‘True the Vote’ and Judicial Watch civil cases are what will continue to break this open. Judge Sullivan is likely to now agree to order outside experts into the IRS systems and I would not be surprised if by the end of the year, email evidence linking the WH to the IRS abuses of power are published.

Athos on August 26, 2014 at 12:30 PM

Doesn’t Blackberry use a proprietary server? If so Judge Sullivan should issue a search warrant to retrieve those files.

Tater Salad on August 26, 2014 at 12:31 PM

some super-duper computer could just perform some magical data search for only emails sent by Ms. Lerner. Yeah right.

Frank Lib on August 26, 2014 at 9:04 AM

Absolutely correct, Frank! I don’t think “Ms. Lerner” would be a good search term. I do think that “Lois G. Lerner” or “Lois Lerner” or even “L. G. Lerner” would be fine search terms. I think the NSA could help out with their “Google-like” surveillance engine! That would really be the icing on the cupcake, huh, Frank?

ExpressoBold on August 26, 2014 at 9:26 AM

On the other hand I’m certain that Lerner has a fake-name IRS email account for the really juicy stuff, like communications with Valerie Jarrett and the bigs at the greedy Treasury Union that are probably driving the whole corrupt mess.

slickwillie2001 on August 26, 2014 at 12:33 PM

IRS now claims Lois Lerner’s emails not really missing, just really hard to find

Bullshyte. Let me help:

SELECT * FROM irs.gov.dbo.outlook.server.etc.etc WHERE user=’Lerner’ and senddate=>2009 and senddate=< 2012;

Nutstuyu on August 26, 2014 at 12:43 PM

The Obama administration attorneys said that this back-up system would be too onerous to search.

More insulting bullsh1t.

RadClown on August 26, 2014 at 12:45 PM

Lois Lerner is not in charge of her backups. There is some low-level IT person that is supposed to do that. There are also laws about what should be maintained and for how long. According to all the lies we are getting, this IT person did not follow those laws. Throw him/her into jail until they sing like a bird and tell us exactly were all these ‘missing’ emails are. Then throw the rest of them in jail.

kenro85 on August 26, 2014 at 1:00 PM

“Issa produced an email from IRS official Ronald J. Shoemaker, dated March 27, 2010, that told recipients to let him know if they came across any cases of tea party groups seeking tax-exempt status.

One of the email’s recipients was Andrew Strelka, who worked for the IRS at the time and is now a DOJ lawyer assigned to defend the IRS.

Issa said Strelka knew Lerner when he worked at the IRS. In fact, he was made aware of Lerner’s hard drive crash through emails. This is not a detached individual.”

http://www.newsmax.com/Newsfront/Tom-Fitton-Lois-Lerner-emails-backed/2014/08/25/id/590849/#ixzz3BVhgDTDy

Jason58 on August 26, 2014 at 1:09 PM

Here is the flip side of all this and it is being total ignored. Why?
If the IRS was misusing it’s position for denial and or delay proper exceptions then why dose anyone think that they did not missus their position to grant unauthorized tax exception to the special few like maybe the Clinton’s and Obama’s? AND special members of Congress.

Anyone want to hit on this?

jpcpt03 on August 26, 2014 at 1:22 PM

Perhaps in the rightwing make-believe fantasy world, some super-duper computer could just perform some magical data search for only emails sent by Ms. Lerner. Yeah right.

Frank Lib on August 26, 2014 at 9:04 AM

…says the guy who in his leftwing make-believe world thinks all the whites will have to be forcibly removed from Ferguson before the blacks will experience true peace.

Stray Cat on August 26, 2014 at 1:29 PM

Doesn’t Blackberry use a proprietary server? If so Judge Sullivan should issue a search warrant to retrieve those files.

Tater Salad on August 26, 2014 at 12:31 PM

THIS!!!!!!!!!!

D-fusit on August 26, 2014 at 1:47 PM

Old news: “Too big to fail”
New news: “Too big to search”

airupthere on August 26, 2014 at 1:54 PM

Gee and now just the luck of this poor government worker – HER BLACK BERRY GOT ERASED SOME HOW. ITS JUST TERRIBLE THE TIMING AND BAD LUCK SHE IS HAVING

pwb on August 26, 2014 at 1:57 PM

IRS now claims Lois Lerner’s emails not really missing, just really hard to find

…but we’ve now had enough time to scrub her emails clean.

RJL on August 26, 2014 at 2:12 PM

DOJ and the IRS are headed by CRIMINAL attourneys.

jpmn on August 26, 2014 at 2:17 PM

pwb on August 26, 2014 at 1:57 PM

Lerner’s Blackberry wasn’t erased.

The IRS, after the investigations began, destroyed the Blackberry in a deliberate effort to destroy potentially damning evidence.

This is far far worse as it demonstrates a willing cover-up / obfuscation effort to derail efforts to investigate the illegal activities of Lerner and at least half a dozen other very senior IRS officials combined with the multiple acts of perjury undertaken by the last 3 IRS Commissioners.

Athos on August 26, 2014 at 2:35 PM

The problem for the IRS is that the Catch-22 finally kicked in.

If they were all missing, government records statutes would have snared the records and IT people along with any service providers responsible for DRS. It became a matter of who was going to jail.

Obviously not the ones who did their jobs!

zdpl0a on August 26, 2014 at 2:54 PM

When it became 100% i’dbetmylifeonit obvious that the the IRS was involved in cover-up I was on all these threads shouting at the devil. Now it’s like meh. It’s either kabuki or incompetence but the Rs are not playing to win.

How about some theatre. Why aren’t the big name Rs doing press on this? Where are the outraged floor speeches? THere should be a line of 20 R senators and 40 congressman decrying these shenanigans and chastising the media for their wilful ignorance. Watergate used to be the big daddy of political scandals. Well, this is worst.

This all is more proof that the whole system has degenerated into theatre and back room deals. The voters are irrelevant at this point. The system is going to break though. Those that have gotten over on us for these last years are going to take it on the run. Sometimes you just have to trust that there is justice in the world to come. Often bad people get away with it here in this world.

btw they are going to let the exec amnesty happen. Only one guy, Sessions, is going to really fight it. Most of our R senators are pro Amnesty. They are secretly happy about the exec amnesty. Obama gets his hands dirty and they get to do their tepid round table outraged photo op for the base. But when all is said and done the amnesty will stand and the border will be open just like they wanted.

BoxHead1 on August 26, 2014 at 2:56 PM

What is the point of a backup system if you cannot retrieve information from said backup system?

airupthere on August 26, 2014 at 2:58 PM

How about some theatre – I used theatre meaning the fake kabuki and then I used it to describe effective agitation then again to describe ineffective posturing. Vad writing. A better writer would use better words but yall get my point.

BoxHead1 on August 26, 2014 at 3:03 PM

A backup system that is too onerous to search isn’t a backup system at all.

unclesmrgol on August 26, 2014 at 3:21 PM

The government is incapable of investigating the government.
The government is incapable of holding itself accountable.
99% of politicians support the continued growth of government.

What is the solution?

airupthere on August 26, 2014 at 4:04 PM

The Data storage facility is near Salt Lake City Utah. Code name “Bumblehive” formal name IC CNCI.
Cost $1.5 Billion. Size over a Million Sq Ft. self contained. Here is a photo of the site. Oh sorry most of it is underground. Storage capacity is in exec of a Yottabyte of data. No fiction here, that’s about 1 trillion terabytes of data and it is expandable to no limit. The system is designed using a derivative of Prism to do almost real time search of all data for correlations using a Cray XC30 Supercomputer. This is the truth. Not that it will take years.

Where do I get my information from. I’m sworn to secrecy and can tell no one that I got it from the US Government Web Site for NSA Utah data center.

Its been right out there in the open for all these years.

jpcpt03 on August 26, 2014 at 4:16 PM

A backup system that is too onerous to search isn’t a backup system at all.

unclesmrgol on August 26, 2014 at 3:21 PM

Liberal Frank is right. You can search all of the media by key words just like you do a search in your text editor. You don’t even need a proprietary backup search engine doohicky. If the backup system is too “complicated” then they can skip the wrapper and write a simple program to convert the backup files and look for “louislerner@whatever”. They can do that for every tape and every server in the IRS in less than a week. They could even do the clients. They go from client machine to client machine and run the same scripts on the if they wanted to.

But don’t expect the Rs to make them do that.

BoxHead1 on August 26, 2014 at 4:16 PM

Doesn’t Blackberry use a proprietary server? If so Judge Sullivan should issue a search warrant to retrieve those files.

Tater Salad on August 26, 2014 at 12:31 PM

Yes they have a BES server and yes they are lying and yes the sky is blue.

I can’t beleive that there hasn’t been one single whistle-blower come forward on this. Everyone is probably is afraid for their lives and or livelihoods which says even more about this corrupt administration.

SittingDeadRed on August 26, 2014 at 5:29 PM

Doing some math on this IRS E-mail search on the Gray XC30 Supercomputer. Now a lot of this is guesstimate on my part but it looks like this machine handles over 13Million terabytes per second of data. At most that might take but a few minutes to retrieve the IRS E-Mails.

jpcpt03 on August 26, 2014 at 5:53 PM

How is it that Judicial Watch inquiries cannot get? Maybe because Judicial Watch is not playing games in front of the cameras for votes? Issa is a joke and so are all the clowns who go through these dog and pony shows. Can anyone cite a damn thing that has ever resulted from any of these dog and pony shows that have resulted in anyone going to jail?

Did anyone testify under oath that the emails could not be recovered? If so, why aren’t they in jail? As someone else noted, there’s no telling what the government has covered up. No FKG. telling. And why do we even trust the government even a little?

they lie on August 26, 2014 at 5:53 PM

BoxHead1 on August 26, 2014 at 2:56 PM

Amen, bro. You get it. Both parties are one big RICO organization.

they lie on August 26, 2014 at 5:58 PM

I’m not a lawyer but I’m pretty sure subpoenas don’t begin with, “If it’s not too much trouble…”

emz35 on August 26, 2014 at 7:04 PM

Statute of Limitations, people actively still involved should learn that term fast… because continuing to engage in fraud, deception, and such… when tyhe next admin gets in… will mean jail.

OregonPolitician on August 26, 2014 at 8:44 PM

emz35 on August 26, 2014 at 7:04 PM

Correct!
I just heard George Will say he ” couldn’t wait for the IRS lawyers to go into court and tell this Federal Judge that that it was too onerous to stop obstructing justice.”
Heh!

(checking out new Tor Browser)

avagreen on August 26, 2014 at 9:20 PM

Interesting. I had to log on again when I went to FF.
(just musing to myself while doing some testing)

avagreen on August 26, 2014 at 9:23 PM

How is it that Judicial Watch inquiries cannot get? Maybe because Judicial Watch is not playing games in front of the cameras for votes? Issa is a joke and so are all the clowns who go through these dog and pony shows. Can anyone cite a damn thing that has ever resulted from any of these dog and pony shows that have resulted in anyone going to jail?

Did anyone testify under oath that the emails could not be recovered? If so, why aren’t they in jail? As someone else noted, there’s no telling what the government has covered up. No FKG. telling. And why do we even trust the government even a little?

they lie on August 26, 2014 at 5:53 PM

Amen. Why didn’t Boehner appoint a Select Committee and bring people in under oath???? He didn’t care either. Anyone who has worked with the government knows people’s emails are backed up. Issa got really nowhere with the time/money his committee chewed up. It wasn’t until the judge (because of JW lawsuit) made them swear under oath about what happened that things started to break.

The republicrats and demicans are Indispensible Enemies to one another as Walter Karp explains in his eye opening book by the same name. Just look at the Amnesty issue for illegals flooding here because of our socialist welfare state. Republicans, because of certain big donor preferences, refuse to admit that it was 4.5 million conservatives staying home that cost them the 2012 election – not some imaginary Hispanic vote.

Will anyone go to prison for the crimes committed? Anybody’s guess on this. We haven’t lived under anything approaching Constitutional Government since 9 March, 1933 when FDR was granted unconstitutional emergencies powers in peace time. See Edwin Vieira’s (JD, PhD) essay “Bunkem of Emergency Powers,” Parts I and II. Now we have more than 470 statutory laws based on emergency powers that could not otherwise legally exist. FBI Chief Hoover thought the Amerasia Scandal of June 1945 to be an “airtight case” but Truman Justice tampered with the jury and they “no-billed” all the suspects despite the detailed and substantiated charges. See M. Stanton Evans account (pages 211-221).

Our government with the aid of both parties has been lying to us for a long time and mostly getting away with it thanks to a complicit media.

Falcon46 on August 26, 2014 at 10:11 PM

Fortunately we have an adversarial two-party system that exercises checks and balance to prevent and/or correct such misdeeds by the government.

/

Kenosha Kid on August 27, 2014 at 7:06 AM

Nation is hoping a responsible judge will order the Obama administration to allow independent technical people to retrieve and hand over the missing Lerner emails to the committee without further delays.

Amazingoly on August 27, 2014 at 8:11 AM

ROFL

Have they looked under Lerner’s couch, I find all sorts of things under my couch.

Bishop on August 26, 2014 at 11:46 AM

Bet Boehner’s got a couch. Probably under there. With a pair of Nancy P’s pantaloons.

onomo on August 27, 2014 at 10:34 AM

Fortunately we have an adversarial two-party system that exercises checks and balance to prevent and/or correct such misdeeds by the government.

/

Kenosha Kid on August 27, 2014 at 7:06 AM

You are deceiving yourself if you don’t see what is going on. What has gotten smaller in our national government? What bit of the socialist welfare state has been eliminated? We can’t even get Republicans to rescind the March 9th, 1933 emergency powers legislation. Our debt grew tremendously under Bush and Obama – with Obama’s larger because of the lingering financial crisis. Why did Bush give Obama the unspent $350 billlion of TARP money that Obama used for political purposes, instead of turning it in as should have been done? Because Bush didn’t care!

The republicrats and demicans are Indispensible Enemies to one another as Walter Karp explains in his eye opening book by the same name.

Falcon46 on August 27, 2014 at 10:47 AM

A senior in high school could ‘grep lerner’ a 30 terabyte email extract in a matter of days on a few medium power pc’s to get a subset database of something manageable.

Why 30 terabytes? Figure 300 million population, figure 10 emails per person per year. That’s 30 billion emails. Figure 1000 characters per email = 30 Terabytes. Not much at all by today’s standards.

Even if there are 60 billion emails, it’ll take a high school student in a high school computer lab about a week. You might have to invest in 10 4 gigabyte drives at $175.00 each.

islestar on August 27, 2014 at 1:11 PM

islestar on August 27, 2014 at 1:11 PM

Yes and your not even talking about the speed and size of a Cray XC30 Super computer.

If this is all to be true then WHY the official stories and lies. The only answer that come to mind that connects the dots is that the holding back or denigrating of tax exempt status to the precised “ENEMIES” of the majority government is only half of the story. The other have is the use of their power to reward those on the “A” list like the Clinton’s, the Obama’s and others in Favor, with tax exempt status when they did NOT qualify. This status would be worth multi $Millions. Why else would they be going to such lengths to hide informations. If this be the case, and all evidence is rapidly pointing in that direction, then this would be a scandal perpetrated on “We The People” of epic proportion and truly to be considered in all aspects as a RICO case.

Who out there anyone please dispute this.

jpcpt03 on August 27, 2014 at 4:42 PM

Organizing for Action is classified as a non profit tax exempt organization granted by Lois Lerner of the IRS. It’s sole purpose and stated objective is “seeks to mobilize supporters in favor of Obama’s legislative priorities”.

jpcpt03 on August 27, 2014 at 6:46 PM

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