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Judicial Watch: Federal Court Issues Ruling Compelling IRS to Provide Answers on Lerner IRS Emails


waving flagJUNE 08, 2015

tyrants(Washington, DC) – Judicial Watch announced that Judge Emmet Sullivan of the U.S. District Court for the District of Columbia granted a Judicial Watch request to issue an order requiring the IRS to provide answers by June 12, 2015, on the status of the Lois Lerner emails the IRS had previously declared lost.  Judicial Watch raised questions about the IRS’ handling of the missing emails issue in a court filing on June 2, 2015, demanding answers about Lois Lerner’s emails, which had been recovered from backup tapes.  Judge Sullivan issued the court order on June 4, 2015.

Judicial Watch has argued that the IRS misled the court and Judicial Watch by withholding the truth about the existence and content of the backup tapes.  In response to Judicial Watch’s litigation and pressure from Congress, some of Lerner’s emails had been recovered by the Treasury Inspector General for Tax Administration (TIGTA) despite testimony from the IRS Commissioner and representations to Judge Sullivan that Lerner’s emails had been irretrievably lost and destroyed. In its June 2 filing, Judicial Watch detailed:

Because the emails recovered from the backup tapes are responsive to [Judicial Watch’s] FOIA request, [Judicial Watch] respectfully requests that the Court order the IRS to submit to the Court a report by June 12, 2015 addressing the status of the emails recovered by TIGTA.  The report should include:

(a) clarification as to whether all emails that have been recovered by TIGTA have now been turned over to the IRS for review and processing in response to Plaintiff’s request, the volume of those emails, and the time frame in which the IRS anticipates completing its review and production of responsive emails, and

(b) clarification as to whether the processing is complete for all 1,268 backup tapes to determine what emails are recoverable, and if not, when the processing is expected to be complete.obama-and-IRS

Two days after Judicial Watch’s filing, Judge Sullivan issued the following order:

The IRS is directed to respond to [Judicial Watch’s] notice by no later than June 12, 2015.

Judicial Watch is seeking Lerner’s emails as part of its Freedom of Information litigation over the Obama IRS’s targeting  conservative political groups and citizens in the months leading up to President Obama’s reelection bid in 2012 (Judicial Watch, Inc. v. Internal Revenue Service (No. 1:13-cv-01559))

On February 26, 2015, TIGTA officials testified to House Government Oversight and Reform Committee that the oversight agency had received 744 backup tapes containing emails sent and received by Lerner. These tapes had been obtained one day after TIGTA requested that the IRS provide any backup tapes that contained records from Lerner’s email account. The IRS subsequently produced 424 additional backup tapes in February 2015. More than 32,000 emails from Lerner’s account were recovered from the initial 744 tapes; Judicial Watch is still seeking information regarding the contents of the additional 424 tapes.

Judicial Watch outlined the continuing IRS cover-up to Judge Sullivan:

The aforementioned testimony is uncontested that the recovered emails are from the email accounts of IRS officials, including Ms. Lerner, and cover the time period of (Judicial Watch’s) request. The testimony also is unequivocal that the IRS reported publicly that any backup tapes had been recycled and were no longer available without asking its technicians whether the tapes existed. [TIGTA Deputy Inspector General] Camus also testified that hard drives previously reported by the IRS to have been destroyed had not, in fact, been destroyed.Obamas IRS Gestapo

However, the IRS has yet to provide answers to Judicial Watch regarding the content of tapes it turned over to TIGTA, specifically “whether the emails are from all or only a subset of the 1,268 backup tapes located since July 1, 2014,” or whether additional emails remain to be recovered.

As the Obama State Department has argued with respect with Hillary Clinton’s hidden emails, the IRS has now argued that Lerner’s emails are no longer “IRS” records and it has no legal obligation to request them:

Agency counsel responded that the IRS is under no obligation to request copies of the emails recovered by TIGTA because they are allegedly not agency records. The IRS’s position is extraordinary considering that, not only are the backup tapes and emails obviously IRS records, but the Court went to great lengths to address the issue of the “missing” emails, including holding a status conference, ordering a meet and confer before a magistrate judge, and ordering the IRS to submit multiple declarations about its efforts to recover or locate the emails.Obama's IRS Gestapo

“The Obama IRS obstructed and lied to a federal judge and Judicial Watch in an effort to hide the truth about Lois Lerner’s emails,” said Judicial Watch President Tom Fitton. “The IRS, including its top political appointees IRS Commissioner John Koskinen and General Counsel William J. Wilkins, has much to answer for over its contempt of court and of Congress.  And the Department of Justice officials enabling this cover-up in court need to be held accountable, as well.  The IRS is out of control and Judicial Watch is happy that Judge Sullivan has taken this key step to remind the agency that it is accountable to the rule of law and the American people.”Party of Deciet and lies  freedom combo 2

Obama Justice Department Was Involved In IRS Targeting, Lerner Emails Reveal


Posted by Robert W. WoodRobert W. Wood Contributor to Forbes Magazine

URL of the Original Posting Site: http://www.forbes.com/sites/robertwood/2014/12/10/obama-justice-department-was-involved-in-irs-targeting-lerner-emails-reveal/

(AP Photo/Lauren Victoria Burke, File)

(AP Photo/Lauren Victoria Burke, File)

Sadly, the 18 month investigation into the IRS targeting of conservative groups isn’t over, and it may be worse than anyone thought. A federal judge has broken loose more emails that the DOJ had surely hoped would never surface. The picture it reveals isn’t pretty. The documents prove that Lois Lerner met with DOJ’s Election Crimes Division a month before the 2010 elections.

It has to be embarrassing to the DOJ, which may not be the most impartial one to be investigating the IRS. In fact, the DOJ withheld over 800 pages of Lerner documents citing “taxpayer privacy” and “deliberative privilege.” Yet these internal DOJ documents show Ms. Lerner was talking to DOJ officials about prosecuting tax-exempt entities (yes, criminally!) two years before the IRS conceded there was inappropriate targeting. 

Obamas IRS GestapoMs. Lerner met with top officials from the DOJ’s Election Crimes Branch in October of 2010. Although Judicial Watch filed a Freedom of Information Act (FOIA) lawsuit against the DOJ (Judicial Watch v. Department of Justice, No. 14-cv-01239), the DOJ coughed up dirt only on court order. Even then, the DOJ handed over only two pages of heavily redacted emails.

What’s more, the DOJ withheld 832 pages in their entirety. They revealed that Mr. Obama’s DOJ called an October 8, 2010 meeting with the IRS “concerning 501(c)(4) issues.” On September 30, 2010, the DOJ’s Election Crimes prosecutor emailed Ms. Lerner:

“Hi Lois-It’s been a long time, and you might not remember me, I’ve taken on [REDACTED] duties. I’m looking forward to meeting you, Can we chat in advance? I’m a [REDACTED]”

Ms. Lerner responded on October 2, 2010:

“Sure-that’s a good Idea [sic]. I have a meeting out of the office Monday morning, but will try you when I get back sometime early afternoon. You can try me at 202 283-8848.”Hold Lois Lerner in Contempt.

Documents from a Freedom of Information Act lawsuit against the IRS show that Ms. Lerner asked the DOJ whether tax-exempt entities could be criminally prosecuted. This May 8, 2013 email by Ms. Lerner went to Nikole C. Flax, Chief of Staff to Acting IRS Commissioner Steven T. Miller, who would later be fired by President Obama:

“I got a call today from Richard Pilger Director Elections Crimes Branch at DOJ … He wanted to know who at IRS the DOJ folk s [sic] could talk to about Sen. Whitehouse idea at the hearing that DOJ could piece together false statement cases about applicants who “lied” on their 1024s–saying they weren’t planning on doing political activity, and then turning around and making large visible political expenditures. DOJ is feeling like it needs to respond, but want to talk to the right folks at IRS to see whether there are impediments from our side and what, if any damage this might do to IRS programs. I told him that sounded like we might need several folks from IRS…”nonsense

DOJ’s Mr. Pilger admitted that DOJ officials met Ms. Lerner in October 2010. Moreover, according to congressional investigators, a Lerner email from October 5, 2010 shows the IRS sent the FBI and DOJ a “1.1 million page database of information from 501(c)(4) tax exempt organizations” that contained confidential taxpayer information.

In her May 2013 answer to a planted question about the alleged targeting of Tea Party and conservative groups, Ms. Lerner suggested that the alleged targeting occurred due to an “uptick” in 501 (c)(4) applications to the IRS. In reality, there was a decrease, and as for targeting (what targeting?), well, you know the rest.

Remember those rogue IRS employees in Cincinnati? They were confused. And while all Americans should be concerned, Judicial Watch sounds fit to be tied.

“No wonder the Department of Justice under Eric Holder has done no serious investigation of the Obama IRS scandal,” said Judicial Watch President Tom Fitton. “These new documents dramatically show how the Justice Department is up to its neck in the IRS scandal and can’t be trusted to investigate crimes associated with the IRS abuses that targeted Obama’s critics,” he said. “Richard Nixon was impeached for less.”Obama's IRS Gestapo

Perhaps the latter is an overstatement. Yet it is getting harder and harder to simply accept President Obama’s ‘no smidgen of corruption’ remark made to Fox News in February, no matter how sincere and forthright his delivery.

You can reach me at Wood@WoodLLP.com. This discussion is not intended as legal advice, and cannot be relied upon for any purpose without the services of a qualified professional.

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Federal watchdogs uncover thousands of lost Lerner emails, decoding to take weeks


FoxNews.com  Published November 22, 2014

URL of Original Posting Site: http://www.foxnews.com/politics/2014/11/22/federal-watchdogs-uncover-thousands-lost-lerner-emails-decoding-to-take-weeks/

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Obamas IRS GestapoAs many as 30,000 lost emails from Lois Lerner — the ex-IRS official at the center of the agency’s targeting scandal — have been recovered by federal investigators.

The IRS has already turned over thousands of Lerner emails to congressional investigators but has said the remainder are gone forever because Lerner’s hard-drive crashed in 2011. And in June, agency Commissioner John Koskinen told Congress that back-up tapes containing the missing emails have been destroyed.

“The IRS has continually dragged its feet, changed its story, and been less than forthcoming with information related to its egregious violation of Americans’ First Amendment rights,” said Ohio GOP Rep. Jim Jordan, a member of the House Oversight and Government Reform Committee, which has spearheaded congressional probes on the issue.

“These e-mails are long overdue, and underscore again why we need a special prosecutor to conduct an unhindered investigation. Hopefully these e-mails will help us get to the truth,” he continued.

Lerner led the IRS division that targeted Tea Party and other conservative groups for excessive scrutiny during the 2012 presidential election cycle when they applied for tax-exempt status.

Lerner in March refused to testify before the GOP-led House investigative committee, saying she was protected under the Fifth Amendment, and has since retired.

VIDEO: Did IRS bother to look for emails?

lerner-jail-330x189Some of the recovered emails might be duplicates. And it could take weeks to learn their content because they are encoded, said Frederick Hill, a spokesman for Republicans on the Oversight committee.

In addition, the IRS would also have to delete information about taxpayers that is considered private before it can be released to the committee, which is headed by Rep. Darrell Issa, R-Calif.

The federal investigators are from the Treasury Inspector General for Tax Administration, which audits the IRS. A spokeswoman for the inspector general, Karen Kraushaar, declined to comment, saying the investigation was continuing.

Dog-ate-590-LIThe investigators ignited a political firestorm in May 2013 with the initial report about the exceptionally close scrutiny.

The IRS said Saturday that it remains “committed to fully cooperating with all of the pending investigations.”

The agency also said that it learned after the June report that the TIGTA had began an investigation of the hard-drive crash and a search for additional emails.

Senate Finance Committee aides said the investigators will assess if the newly recovered data can be made readable before it can be turned over to the committee.

They said their committee, which has been conducting a bipartisan investigation of the IRS’s treatment of groups, including liberal ones, expects to complete its work early next year.

The Associated Press contributed to this report.

By WhatDidYouSay.org

By WhatDidYouSay.org

New Emails Show Lois Lerner Called Some Conservatives ‘A**holes’


http://www.theblaze.com/stories/2014/07/30/new-emails-show-lois-lerner-called-conservatives-aholes/?utm_medium=twitter&utm_source=twitterfeed

 Jul. 30, 2014 11:16am Pete Kasperowicz

Hold Lois Lerner in Contempt.New emails uncovered by the House Ways and Means Committee indicate that former IRS employee Lois Lerner has a strong dislike of some conservatives, and at one point called them “assholes” in an email exchange.

The committee released an email Lerner received in November 2012 complaining about the “whacko wing of the GOP.” The person mocked Obamas IRS Gestapoconservatives for believing there are “too many foreigners sucking the teat” and that it is “time to hunker down, buy ammo and food, and prepare for the end.” The person added that the “right wing radio shows are scary to listen to.”

New emails released by House Republicans show former IRS employee Lois Lerner called conservatives “a**holes.” (AP Photo/Lauren Victoria Burke, File)

Lerner replied, “Great. Maybe we are through if there are that many assholes.”

The other person then wrote, “And I’m talking about the hosts of the shows. The callers are rabid.”

Lerner replied, “So we don’t need to worry about alien terrorists. It’s our own crazies that will take us down.”

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Committee Chairman Dave Camp (R-Mich.) said this exchange shows the has a “deep animus towards conservatives,” which may have explained her efforts to

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Click on image to see movie trailer and more

target conservative groups seeking tax-exempt status.

“This email shows that Ms. Lerner’s mistreatment of conservative groups was driven by her personal hostility toward conservatives,” Camp wrote in a letter to Attorney General Eric Holder. ”This new evidence clearly demonstrates why Ms. Lerner not only targeted conservatives, but denied such groups their rights to due process and equal protection under the law.”

Camp’s letter recounted that his committee has found that Lerner personally directed the IRS to audit Crossroads GPS, the group run by Karl Rove, and hinted at seeking a job with Organizing For Action, the group aimed at helping to re-elect President Barack Obama.

Camp said all of this evidence combined shows that a special counsel is needed to investigate the IRS and Lois Lerner, who has refused to testify before Congress by pleading the Fifth Amendment.

“While the Committee has not seen any evidence of a serious investigation by your department, it is my sincere hope that in light of this new, strong evidence that you immediately begin aggressively investigating this matter or appoint a special counsel,” Camp wrote. “Failure to do so will only further erode public trust in not only the IRS, but the department as well.”

Imperial President ObamaWhile Republicans continue to push for a special counsel, the Department of Justice has not indicated it is willing to take that step.

Earlier Wednesday, the House Judiciary Committee held a hearing in which Chairman Bob Goodlatte (R-Va.) said that while officials have said they are investigating, there’s little evidence of any action.

“[D]espite the administration’s stated commitment to its ‘investigation,’ the facts and recent events have demonstrated repeatedly that the administration’s real commitment is to slow-walk this investigation, and undermine congressional efforts to uncover the truth,” he said.

“Earlier this year, unnamed Justice Department officials leaked information to the Wall Street Journal suggesting that the department does not plan to file criminal charges over the IRS’s targeting of conservative groups,” he added. “On Super Bowl Sunday, President Obama stated that there was ‘not even a smidgen of corruption’ in connection with the IRS’s admitted targeting of conservative groups based upon their beliefs.”

Read Camp’s letter here:

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Lois Lerner in 2013: ‘Need to be cautious about what we say in emails’


National Day of Protest with datehttp://www.foxnews.com/politics/2014/07/09/lois-lerner-in-2013-need-to-be-cautious-about-what-say-in-emails/

Obama's IRS GestapoThe ex-IRS official whose emails mysteriously disappeared amid a congressional investigation into the Tea Party targeting scandal cautioned her own staff about “what we say in emails” during an internal discussion last year, according to emails obtained by Fox News. 

Rep. Darrell Issa, R-Calif., referred to that discussion during a House oversight committee hearing on Wednesday, as he once again pressed IRS Commissioner John Koskinen on his concerns about ex-official Lois Lerner’s missing emails. 

He specifically voiced concern about an internal IRS chat system called the Office Communications Server, claiming Lerner wanted to make sure the messages weren’t tracked. 

This system was the subject of the emails between Lerner and other staffers in April 2013. 

On April 9, 2013, Lerner, the director of Exempt Organization at the IRS, sent an email to IT employee Maria Hooke, asking about the OCS and America the movie with hyperlinkwhether Congress could access those messages. 

“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,” Lerner wrote. 

She forwarded a question about whether the chat system conversations were also searchable. 

Hooke responded that the messages “are not set to automatically save” but anyone could “copy and save the contents” to an email or file. 

She recommended that the agency treat these conversations “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 the electronic search.” 

Click on image to see movie trailer and more

Click on image to see movie trailer and more

 

Lerner replied: “Perfect.” 

Republican lawmakers remain skeptical about IRS claims that Lerner lost her own email records after a hard-drive crash in 2011. The IRS notified Congress of the lost emails last month, but claims they’ve already been able to recover tens of thousands of emails by going to other accounts. 

Lerner is at the heart of the controversy over the IRS practice of applying additional scrutiny to the applications of conservative groups seeking nonprofit status. 

Lerner has twice refused to answer questions during appearances before Congress, citing her Fifth Amendment rights. 

Fox News’ Chad Pergram contributed to this report

SEE VIDEO REPORT BELOW:

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Lois Lerner Printed Out Infamous Lost Emails


National Day of Protest with dateRead more at http://freedomoutpost.com/2014/07/lois-lerner-printed-out-infamous-lost-emails/#j7HAvqYR6twIyCim.99

Researched and Reported by 1 hour ago

Obama's IRS Gestapo

Hold Lois Lerner in Contempt.After being told that Lois Lerner’s computer, along with several others, crashed and that emails from her could not be retrieved, even though there was an independent email backup company employeed by the Internal Revenue Service (fired after the fact), we come to find out that Ms. “I’ve done nothing wrong, but plead the Fifth” Lerner actually printed out some of those alleged missing emails..

According to her attorney Bill Taylor, she claimed not to have printed out and filed her emails as she is required to do, according to the Federal America the movie with hyperlinkRecords Act. Say it isn’t so! Another Obama minion has broken the law! So far that’s at least Eric Holder and Kathleen Sebelius that Lerner joins in this respect.

Chairman of the House Oversight and Governement Reform Committee Darrell Issa (R-CA) said, “The Federal Records Act requires agencies to make and preserve records of agency decisions, policies, and essential transactions, and to take steps to safeguard against the loss of agency records.”

According to the IRS website:

The Federal Records Act applies to email records just as it does to records you create using other media. Emails are records when they are: Created or received in the transaction of agency business; Appropriate for preservation as evidence of the government’s function and activities; or Valuable because of the information they contain.

If you create or receive email messages during the course of your daily work, you are responsible for ensuring that you manage them properly. The Treasury Department’s current email policy requires emails and attachments that meet the definition of a federal record be added to the organization’s files by printing them (including the essential transmission data) and filing them with related paper records. If transmission and receipt data are not printed by the email system, annotate the paper copy.

Please note that maintaining a copy of an email or its attachments within the IRS email MS Outlook application does not meet the requirements of maintaining an official record. Therefore, print and file email and its attachments if they are either permanent records or if they relate to a specific case.

Politico reports:

Click on image to see movie trailer and more

Click on image to see movie trailer and more

Lerner attorney William Taylor, prior to the hearing, walked back previous comments he made to POLITICO that Lerner did not print off and file her official emails because she didn’t know she had to.

In an interview last month, he said she did not, later following up with an email, writing: “Did she print out official records and file them[?] Answer. No, and she did not think it was required.”

Now he says she may have printed an unspecified number.

“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,” he said in a statement Wednesday.

The IRS rules require that all “official” emails — any correspondence dealing with agency policies or operations — be printed off and filed in accordance with the Federal Records Act. As head of a division, many of Lerner’s emails would presumably have been “official.”

Taylor, in an email exchange after the statement was released, said his answer to POLITICO’s original question in the interview several weeks ago stays the same: “Your question was whether she printed out ‘official records’ and filed them. I am not saying she did that. That presumes a level of scrutiny and process over every email that did not occur.”

He said his beef is with the way Issa has used the comments to say she did not print out any emails.

“That is not true. She did print some but not all, by any means,” he said.

Taylor in the earlier interview said that “if somebody is supposed to keep archived copies, that’s the IT department’s or her staff’s responsibility.” He said such a rule would require her to print off a whole bunch of emails, and “we’d be back to the days of paper. That can’t be what they want or intended by this.”

“If she didn’t [print], it wasn’t because she tried to conceal anything.”

Obamas IRS GestapoThat wasn’t all, Taylor also blasted the panel looking at Lerner and then pressing the issue of her violation of the Federal Record Act violation saying, “What began as an inquiry into the IRS’s processing of applications for tax exemption has become an inquiry into the IRS’s compliance with the Federal Records Act. This subsequent inquiry is apparently a useful diversion because the initial investigation has demonstrated no wrongdoing.”

In other words, she broke the law, but according to her attorney that isn’t reason to stick her with it.

Rep. Ron DeSantis (R-FL) said, “For her to be worried right on the heels of this draft IG report that Congress may search her instant messages. … That is very troubling.”

Director of business systems planning for tax-exempt division of the IRS Maria Hooke said, “”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.”

Hooke in the email chain responded to Lerner and cc’d Nan Downing, the head of exempt organizations examinations: “OSC messages are not set to automatically save as the standard; however the functionality exists within the software. … My general recommendation is to treat the conservation 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 electric search.”

Judicial Watch has a Freedom of Information Act request in to obtain Lerner’s printed emails. US District Court Judge is scheduled to rule on Thursday as to whether they can get them or not.

In either case, it seem the IRS has been caught in other lie in order to cover-up another Obama “phony” scandal.

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