The Lois Lerner "lost" emails are still on her hard drive
- Thread starter ShootSpeeders
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Jarhead
Gold Member
- Jan 11, 2010
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In other words, you have no comment other than a little sarcasm?
Does it not bother you that an investigator went in and made a final determination of no crimes committed and nowhere in her report to congress did it mention that there were 2 years of emails missing from the primary subject of the investigation...and those 2 years were the primary years of the investigation.
That does not give you reason to raise an eyebrow?
Little-Acorn
Gold Member
In other words, you have no comment other than a little sarcasm?
Does it not bother you that an investigator went in and made a final determination of no crimes committed and nowhere in her report to congress did it mention that there were 2 years of emails missing from the primary subject of the investigation...and those 2 years were the primary years of the investigation.
That does not give you reason to raise an eyebrow?
As always, his goal is to divert the discussion away from the topic of the thread: The real status of Lois Lerner's "lost" emails.
1776
Anti-Liberal
Oh, but they can be trusted to guard your personal medical information while providing you medical care better than you get today from a private hospital. 
LordBrownTrout
Diamond Member
boedicca
Uppity Water Nymph from the Land of Funk
- Feb 12, 2007
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J'adore Cleta Mitchell.
The public reports released late on Friday, June 13, 2014 stated that the IRS now claims to have “lost” the emails of defendant Lois Lerner. These reports are particularly astonishing in light of your representations, Ms. Benitez, that [you] would “advise your clients, as appropriate, and [would] abide by your legal and ethical obligations.” The “lost” emails, from press reports, appear to cover a time period from January 2009 to April 2011. See Press Release, Committee on Ways and Means, IRS Claims to Have Lost Over 2 Years of Lerner Emails (June 13, 2014), available at IRS Claims to Have Lost Over 2 Years of Lerner Emails | House Committee on Ways & Means.
We are deeply troubled by this news and are concerned about the spoliation of information and documents pertaining to this case and the apparent failure on your part to (a) protect and preserve all potentially relevant information and (b) to advise us of such failure and spoliation when you first learned of it. We are even more concerned after receiving your assurances that you would “abide by your legal and ethical obligations.”
Accordingly, we hereby request that you advise us of the following:
1. What steps did each of you, as counsel for the Defendants, each of them, take to ensure that any and all documents as described in the litigation hold letter and as required by federal law were, in fact, preserved?
2. When did you learn that the destruction, loss or spoliation of emails of Defendant Lois Lerner had occurred?
3. What steps have you, each of you, taken to restore Ms. Lerner’s “lost” emails?
4. Were the “lost” emails from Ms. Lerner’s computer at the IRS or her home computer?
5. Are there documents or records, as described in the Litigation Hold letter or the subpoenas issued to the IRS from any of the Committees, belonging to other defendants that have been “lost”?...
Cleta Mitchell to the IRS: Answer this | Power Line
The public reports released late on Friday, June 13, 2014 stated that the IRS now claims to have “lost” the emails of defendant Lois Lerner. These reports are particularly astonishing in light of your representations, Ms. Benitez, that [you] would “advise your clients, as appropriate, and [would] abide by your legal and ethical obligations.” The “lost” emails, from press reports, appear to cover a time period from January 2009 to April 2011. See Press Release, Committee on Ways and Means, IRS Claims to Have Lost Over 2 Years of Lerner Emails (June 13, 2014), available at IRS Claims to Have Lost Over 2 Years of Lerner Emails | House Committee on Ways & Means.
We are deeply troubled by this news and are concerned about the spoliation of information and documents pertaining to this case and the apparent failure on your part to (a) protect and preserve all potentially relevant information and (b) to advise us of such failure and spoliation when you first learned of it. We are even more concerned after receiving your assurances that you would “abide by your legal and ethical obligations.”
Accordingly, we hereby request that you advise us of the following:
1. What steps did each of you, as counsel for the Defendants, each of them, take to ensure that any and all documents as described in the litigation hold letter and as required by federal law were, in fact, preserved?
2. When did you learn that the destruction, loss or spoliation of emails of Defendant Lois Lerner had occurred?
3. What steps have you, each of you, taken to restore Ms. Lerner’s “lost” emails?
4. Were the “lost” emails from Ms. Lerner’s computer at the IRS or her home computer?
5. Are there documents or records, as described in the Litigation Hold letter or the subpoenas issued to the IRS from any of the Committees, belonging to other defendants that have been “lost”?...
Cleta Mitchell to the IRS: Answer this | Power Line
boedicca
Uppity Water Nymph from the Land of Funk
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And more from Cleta...how "losing the emails" is a violation of quite a few statutes and regs:
Late Friday, the IRS apparently advised the Ways & Means Committee that the IRS has “lost” Lois Lerner’s hard drive which includes thousands of Defendant Lerner’s e-mail records. However, several statutes and regulations require that the records be accessible by the Committees, and, in turn, must be preserved and made available to TTV in the event of discovery in the pending litigation. Those statutes include the Federal Records Act, Internal Revenue Manual section 1.15.6.6 (which refers to the IRS’s preservation of electronic mail messages), IRS Document 12829 (General Records Schedule 23, Records Common to Most Offices, Item 5 Schedule of Daily Activities), 36 C.F.R. 1230 (reporting accidental destruction,) and 36 CFR 1222.12. Under those records retention regulations, and the Federal Records Act generally, the IRS is required to preserve emails or otherwise contemporaneously transmit records for preservation.
Therefore, the failure for the IRS to preserve and provide these records to the Committees would evidence either violations of numerous records retention statutes and regulations or obstruction of Congress.
Federal courts have held, in the context of trial, that the bad faith destruction of evidence relevant to proof of an issue gives rise to an inference that production of the evidence would have been unfavorable to the party responsible for its destruction. See Aramburu v. The Boeing Co., 112 F.3d 1398, 1407 (10th Cir. 1997). The fact that the IRS is statutorily required to preserve these records yet nevertheless publicly claimed that they have been “lost” appears to evidence bad faith. 18 U.S.C. § 1505 makes it a federal crime to obstruct congressional proceedings and covers obstructive acts made during the course of a congressional investigation, even without official committee sanction. See, e.g., United States v. Mitchell, 877 F.2d 294, 300–01 (4th Cir. 1989); United States v. Tallant, 407 F. Supp. 878, 888 (D.N.D Ga. 1975).
Late Friday, the IRS apparently advised the Ways & Means Committee that the IRS has “lost” Lois Lerner’s hard drive which includes thousands of Defendant Lerner’s e-mail records. However, several statutes and regulations require that the records be accessible by the Committees, and, in turn, must be preserved and made available to TTV in the event of discovery in the pending litigation. Those statutes include the Federal Records Act, Internal Revenue Manual section 1.15.6.6 (which refers to the IRS’s preservation of electronic mail messages), IRS Document 12829 (General Records Schedule 23, Records Common to Most Offices, Item 5 Schedule of Daily Activities), 36 C.F.R. 1230 (reporting accidental destruction,) and 36 CFR 1222.12. Under those records retention regulations, and the Federal Records Act generally, the IRS is required to preserve emails or otherwise contemporaneously transmit records for preservation.
Therefore, the failure for the IRS to preserve and provide these records to the Committees would evidence either violations of numerous records retention statutes and regulations or obstruction of Congress.
Federal courts have held, in the context of trial, that the bad faith destruction of evidence relevant to proof of an issue gives rise to an inference that production of the evidence would have been unfavorable to the party responsible for its destruction. See Aramburu v. The Boeing Co., 112 F.3d 1398, 1407 (10th Cir. 1997). The fact that the IRS is statutorily required to preserve these records yet nevertheless publicly claimed that they have been “lost” appears to evidence bad faith. 18 U.S.C. § 1505 makes it a federal crime to obstruct congressional proceedings and covers obstructive acts made during the course of a congressional investigation, even without official committee sanction. See, e.g., United States v. Mitchell, 877 F.2d 294, 300–01 (4th Cir. 1989); United States v. Tallant, 407 F. Supp. 878, 888 (D.N.D Ga. 1975).
1776
Anti-Liberal
She was either threatened by the WH to destroy the emails and/or she feels the jail time is less for obstruction of justice compared to being caught in the largest scandal in US history with damning emails.
RandallFlagg
PROUD Tea Party Member
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Oh, but they can be trusted to guard your personal medical information while providing you medical care better than you get today from a private hospital.
Excellent point. We are supposed to "trust" the administration with the safety of our individual medical records (and I have news for all of you - this is becoming reality - all medical records are being slowly incorporated into databases) but Nazis aren't "shocked" when two years of a criminal IRS employees Emails are suddenly "lost" - it is mind numbing.
This is the most incompetent, criminal administration in the history of this country (Hell, Nixon can't even come CLOSE!) and these Nazi supporters just go on making excuses for these jerk offs.
Again - mind numbing.
Last edited:
ShootSpeeders
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That's what the GOP should be saying but as usual, they refuse to stand up to obozo.
ShootSpeeders
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- May 13, 2012
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It's easy to get away with being a criminal president when you have a racist press with the policy " we will never criticize or question a black president on anything."
We elected a bastard son of a muslim communist. He's a drug using, drug dealing, America hating, slum lord, ally of domestic terrorists. His mom was a porn star. His grand parents who raised him in high school were communists. He is a follower of the satan worshiper alinsky. He was adopted by a Sunni muslim. He promised to change every single thing about this country. He promised to destroy our energy industry. He demonizes profit, effort, wallstreet, capitalism, and freedom.
What could possibly go wrong?
What could possibly go wrong?
Clementine
Platinum Member
- Dec 18, 2011
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Which is why they'll claim the hard drive caught on fire, fell over a cliff and landed in the river. It's gone, they'll say. No recovering it.
Every technician called in when the problem was supposedly recovered needs to be subpoenaed now. IF this happened, there will be ample proof that a problem existed and that attempts were made to correct it.
RandallFlagg
PROUD Tea Party Member
- Dec 5, 2012
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You know (NSA, I hope you read this) there is a way to resolve this "lost Email" crap by the IRS.
When, during tax season, a million Americans merely refuse to send in taxes (We LOST our paperwork) until these Emails re-surface.
Screw the IRS. Why the hell should they say "screw the law" and then expect We, the people, to follow the law?
Bet you a brand new Buffalo nickel that said Emails would suddenly be found.
Let's get one thing straight here:
THEY WORK FOR US - NOT THE OTHER WAY AROUND.
When, during tax season, a million Americans merely refuse to send in taxes (We LOST our paperwork) until these Emails re-surface.
Screw the IRS. Why the hell should they say "screw the law" and then expect We, the people, to follow the law?
Bet you a brand new Buffalo nickel that said Emails would suddenly be found.
Let's get one thing straight here:
THEY WORK FOR US - NOT THE OTHER WAY AROUND.
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