Monday, September 15, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Archivist: IRS didn’t follow law with lost emails

By
From page A9 | June 25, 2014 |

WASHINGTON — The Internal Revenue Service did not follow the law when it failed to report the loss of records belonging to a senior IRS executive, the nation’s top archivist told Congress on Tuesday, in the latest development in the congressional probe of the agency’s targeting of conservative groups seeking tax-exempt status.

In June 2011, IRS executive Lois Lerner’s computer crashed, resulting in the loss of records that are sought in investigations into the agency’s actions. At the time, the agency tried to recover Lerner’s records, but with no success.

When it was determined later in the summer of 2011 that the records on the hard drive were gone forever, the IRS should have notified the National Archives and Records Administration, U.S. Archivist David Ferriero told members of the House Oversight and Government Reform Committee. But Ferriero learned of the lost records on June 13 when the IRS notified Congress.

“Any agency is required to notify us when they realize they have a problem,” Ferriero said.

Lerner is at the center of the controversy and has refused to answer questions from Congress, citing her Fifth Amendment right not to incriminate herself. In May, the House voted to hold Lerner in contempt of Congress. She retired from the IRS last fall after having been placed on paid leave.

In an effort to determine whether the Obama administration had any knowledge or involvement in the activities of the IRS division that reviews applications for tax-exempt status, lawmakers have sought and received thousands of IRS records — none of which has implicated the White House in the controversy. But when it was revealed that some of the emails sought were unrecoverable, Republicans questioned the timing of the hard drive crash, suggesting key records related to the investigation have conveniently gone missing.

IRS Commissioner John Koskinen has said that he has seen no evidence anyone committed a crime when the agency lost emails.

Pressed by a congressman Tuesday, Ferriero would not state that the IRS broke the law. He would only say that the agency didn’t “follow” the law, referring to the Federal Records Act.

In a rare evening hearing before the same committee on Monday, Koskinen said there was no evidence that Lerner intentionally destroyed the missing emails. To the contrary, he said, the IRS went to great lengths trying to retrieve lost documents on Lerner’s computer, even sending it to the agency’s forensic lab.

Republicans have said the Obama administration has not been cooperative with Congress’ investigation.

“They’ve not only not fully cooperated, they haven’t done a damn thing to help us get to the truth of what really happened,” said House Speaker John Boehner, R-Ohio. “Lois Lerner refuses to tell us the truth, and then all of sudden, ‘Oh my goodness, we lose two years’ worth of emails.’ Listen, I grew up in a bar. This doesn’t pass the straight-face test.”

Monday night, House Oversight Committee Chairman Darrell Issa, R-Calif., subpoenaed White House counsel Jennifer O’Connor to testify about her time at the IRS from May to November 2013. While at the IRS, O’Connor helped the agency gather documents related to the congressional investigation.

On Tuesday, when he questioned O’Connor, Issa called her a “hostile witness.”

O’Connor disagreed. “I’m definitely not hostile,” she said.

Later in the hearing, Issa said he consulted with another member who is a former prosecutor and the proper term to describe O’Connor was a “non-cooperative witness.”

White House spokesman Josh Earnest said the White House has been cooperating throughout the investigation.

“Our commitment to cooperating with legitimate congressional oversight and in some cases illegitimate congressional oversight is pretty well documented,” Earnest said. Asked if the House Oversight and Government Reform committee’s investigation was “illegitimate,” Earnest said, “I’m saying that there are legitimate questions that can be raised about the partisan motivation of some of those who are conducting oversight in this circumstance.”

The IRS was able to generate 24,000 Lerner emails from the 2009 to 2011 period because she had copied in other IRS employees. Overall, the IRS said it is producing a total of 67,000 emails to and from Lerner, covering the period from 2009 to 2013.

The IRS inspector general is investigating the lost emails, Koskinen said.

Separately, a federal court has ordered the government to pay $50,000 to a conservative group that says confidential information from its tax returns ended up being published by a political opponent.

The National Organization for Marriage, which opposes same-sex marriage, brought a lawsuit last year after private information about its donors appeared in 2012 on the website of the Human Rights Campaign, which supports gay rights.

John Eastman, National Organization for Marriage board chairman, said Tuesday that his group will still try to learn how the information from his group’s 2008 returns got outside the IRS.

IRS spokesman Bruce Friedland said the agency could not comment because of privacy law.

The payment was ordered Monday in a consent judgment issued by the U.S. District Court for the Eastern District of Virginia.

 

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | 3 comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • PornacJune 25, 2014 - 6:56 am

    67000 emails recovered! That's nothing.

    Reply | Report abusive comment
  • rlw895June 25, 2014 - 7:12 pm

    Boehner: What if the truth you're trying to "get to" doesn't exist?

    Reply | Report abusive comment
  • DanielJune 25, 2014 - 8:21 pm

    Now the E.P.A. has lost their subpoenaed emails that were targeting conservative groups during the same time period, you pinheaded hacks wake up, this could happen to you, libs could be also be fair game by Obama and his entourage especially real progressives like Ralph Nader types.

    Reply | Report abusive comment
.

Solano News

Solano County theater honored for stage work

By Amy Maginnis-Honey | From Page: A1, 1 Comment | Gallery

 
 
 
Suisun council to hear fireworks sales report

By Amy Maginnis-Honey | From Page: A3, 4 Comments | Gallery

 
CHP schedules teen driver classes

By Susan Hiland | From Page: A3, 1 Comment

Kroc Center hosts fall senior health fair

By Susan Hiland | From Page: A3

 
Local governments schedule meetings

By Susan Hiland | From Page: A4, 1 Comment

 
Former Vacaville resident received TechCrunch honor

By Barry Eberling | From Page: B6

Recycling business honored

By Barry Eberling | From Page: B6

 
Il Fiorello schedules butchery class

By Barry Eberling | From Page: B6

 
New freeway sign goes up

By Barry Eberling | From Page: B6, 2 Comments | Gallery

Weather for Sept. 15, 2014

By Daily Republic | From Page: B10

 
.

US / World

S&P: California recovers growth with tax increases

By The Associated Press | From Page: A1, 5 Comments

 
Diplomatic push grows against Islamic State group

By The Associated Press | From Page: A1, 1 Comment

Santa Monica using $1M to evaluate its happiness

By The Associated Press | From Page: A1

 
California nudist camp accused of stealing water

By The Associated Press | From Page: A4

Wildlife experts work to keep baby opossums alive

By The Associated Press | From Page: A4

 
Small earthquake rattles Northern California

By The Associated Press | From Page: A4

Navy identifies pilot presumed dead after crash

By The Associated Press | From Page: A4

 
Northern California deck collapse injures 9

By The Associated Press | From Page: A4, 1 Comment

California regulators seek train-bridge inspectors

By The Associated Press | From Page: A4

 
Skin shocks used at Mass. school draw FDA look

By The Associated Press | From Page: A4

Queen to Scots: Think carefully about future

By The Associated Press | From Page: A5, 1 Comment

 
US man in North Korea given 6 years of hard labor

By The Associated Press | From Page: A5, 1 Comment

Britain mourns slain hostage; another under threat

By The Associated Press | From Page: A5

 
$50K reward offered for tips on trooper’s slaying

By The Associated Press | From Page: A5

.

Opinion

The NFL can learn from football coaches in Texas

By Cynthia M. Allen | From Page: A8

 
To exit the Pottery Barn, turn right

By Mike Kirchubel | From Page: A8, 22 Comments

 
Immigration facts by the numbers

By Earl Heal | From Page: A8, 17 Comments

Thank you from Meals on Wheels

By Letter to the Editor | From Page: A8

 
.

Living

Community Calendar: Sept. 15, 2014

By Susan Hiland | From Page: A2

 
Today in History: Sept. 15, 2014

By The Associated Press | From Page: A2

Horoscopes: Sept. 16, 2014

By Holiday Mathis | From Page: B5

 
Randall: Travel tips for visiting my ‘homes’

By Sharon Randall | From Page: B5

Horoscopes: Sept. 15, 2014

By Holiday Mathis | From Page: A7

 
I love Howard, but I hate his addiction to drugs

By Kathy Mitchell and Marcy Sugar | From Page: A7

.

Entertainment

TVGrid Seot 16

By Daily Republic Syndicated Content | From Page: B6

 
Miss New York chosen as Miss America 2015

By The Associated Press | From Page: A9

‘No Good Deed’ defeats ‘Guardians’ at theaters

By The Associated Press | From Page: A10

 
TVGrid Sept 15

By Daily Republic Syndicated Content | From Page: A10

.

Sports

Homers from Moss, Fuld lead A’s past Seattle 4-0

By The Associated Press | From Page: B1 | Gallery

 
Giants lose 4-2 to Dodgers, fall 3 back in NL West

By The Associated Press | From Page: B1

Jay Cutler rallies Bears past 49ers in fourth

By The Associated Press | From Page: B1, 1 Comment | Gallery

 
Raiders embarrassed after 30-14 loss to Texans

By The Associated Press | From Page: B1

 
Armijo girls run to 3rd-place finish in Folsom

By Daily Republic staff | From Page: B2

 
Keselowski wins opening round of NASCAR’s Chase

By The Associated Press | From Page: B2 | Gallery

USA wins basketball worlds, 129-92 over Serbia

By The Associated Press | From Page: B7

 
Could Pacquiao fight be in cards for Mayweather?

By The Associated Press | From Page: B7

Horschel caps amazing run with FedEx Cup

By The Associated Press | From Page: B8

 
Kim beats Webb by 1 to win Evian Championship

By The Associated Press | From Page: B8

.

Business

.

Obituaries

.

Comics

Sally Forth Sept 16

By Daily Republic Syndicated Content | From Page: B4

 
Rose is Rose Sept 16

By Daily Republic Syndicated Content | From Page: B4

Beetle Bailey Sept 16

By Daily Republic Syndicated Content | From Page: B4

 
Wizard of Id Sept 16

By Daily Republic Syndicated Content | From Page: B4

For Better or Worse Sept 16

By Daily Republic Syndicated Content | From Page: B4

 
B.C. Sept 16

By Daily Republic Syndicated Content | From Page: B4

Dilbert Sept 16

By Daily Republic Syndicated Content | From Page: B4

 
Baby Blues Sept 16

By Daily Republic Syndicated Content | From Page: B4

Get Fuzzy Sept 16

By Daily Republic Syndicated Content | From Page: B4

 
Pickles Sept 16

By Daily Republic Syndicated Content | From Page: B4

Blondie Sept 16

By Daily Republic Syndicated Content | From Page: B4

 
Garfield September 16

By Daily Republic Syndicated Content | From Page: B4

Peanuts Sept 16

By Daily Republic Syndicated Content | From Page: B4

 
Baldo Sept 16

By Daily Republic Syndicated Content | From Page: B4

Frank and Ernest Sept 16

By Daily Republic Syndicated Content | From Page: B4

 
Zits Sept 16

By Daily Republic Syndicated Content | From Page: B4

Cryptoquote Sept 16

By Daily Republic Syndicated Content | From Page: B5

 
Word Sleuth Sept 16

By Daily Republic Syndicated Content | From Page: B5

Sudoku Sept 16

By Daily Republic Syndicated Content | From Page: B5

 
Bridge Sept 16

By Daily Republic Syndicated Content | From Page: B5

Crossword Sept 16

By Daily Republic Syndicated Content | From Page: B5

 
Wizard of Id Sept 15

By Daily Republic Syndicated Content | From Page: A6

Beetle Bailey Sept 15

By Daily Republic Syndicated Content | From Page: A6

 
For Better or Worse Sept 15

By Daily Republic Syndicated Content | From Page: A6

Pickles Sept 15

By Daily Republic Syndicated Content | From Page: A6

 
Frank and Ernest Sept 15

By Daily Republic Syndicated Content | From Page: A6

Rose is Rose Sept 15

By Daily Republic Syndicated Content | From Page: A6

 
Blondie Sept 15

By Daily Republic Syndicated Content | From Page: A6

Sally Forth Sept 15

By Daily Republic Syndicated Content | From Page: A6

 
Baby Blues Sept 15

By Daily Republic Syndicated Content | From Page: A6

Baldo Sept 15

By Daily Republic Syndicated Content | From Page: A6

 
Get Fuzzy Sept 15

By Daily Republic Syndicated Content | From Page: A6

B.C. Sept 15

By Daily Republic Syndicated Content | From Page: A6

 
Garfield September 15

By Daily Republic Syndicated Content | From Page: A6

Zits Sept 15

By Daily Republic Syndicated Content | From Page: A6

 
Dilbert Sept 15

By Daily Republic Syndicated Content | From Page: A6

Peanuts Sept 15

By Daily Republic Syndicated Content | From Page: A6

 
Crossword Sept 15

By Daily Republic Syndicated Content | From Page: A7

Cryptoquote Sept 15

By Daily Republic Syndicated Content | From Page: A7, 1 Comment

 
Word Sleuth Sept 15

By Daily Republic Syndicated Content | From Page: A7

Sudoku Sept 15

By Daily Republic Syndicated Content | From Page: A7