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Darrell Issa: Lerner Definitely 'Broke Some Laws' on Emails
NewsMax ^ | 29 Jun 2014 | Sandy Fitzgerald

Posted on 06/29/2014 9:49:08 PM PDT by Cheerio

Former IRS official Lois Lerner had 30 years of experience and knew under the Federal Records Act that she had an obligation to preserve her copies of her emails, House Oversight and Government Reform Committee Chairman Darrell Issa says, and "she broke some laws."

Investigators will never know if Lerner crashed her own computer, the California Republican told CNN's Candy Crowley on "State of the Union" Sunday, but the fact remains that the computer's hard drive has been destroyed and years worth of emails are gone and there is no documentation to prove they exist.

So far, around 20,000 of the emails have been retrieved through people she sent them out to and Issa said that investigators know from the discovery they got from those emails that Lerner broke regulations.

Lerner, said Issa, sent "1.1 million tax records over to the Department of Justice" many "including inappropriate or actually illegal disclosures, on behalf of conservative groups."

But Issa said nobody on his committee said Lerner deliberately crashed her own computer. Still, she knew the documents needed to be preserve.

(Excerpt) Read more at newsmax.com ...


TOPICS: Crime/Corruption; Government
KEYWORDS: irs; obama
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1 posted on 06/29/2014 9:49:09 PM PDT by Cheerio
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To: Cheerio

Time for a perp walk. Like the girlymen liberals who have never fought or picked up a gun all like to say, “Let’s do this!” Macho men!


2 posted on 06/29/2014 9:51:30 PM PDT by FlingWingFlyer (The future must not belong to those who slander bacon.)
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To: Cheerio

He could send her an e-mail.


3 posted on 06/29/2014 9:52:14 PM PDT by tumblindice (America's founding fathers: all armed conservatives)
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To: Cheerio

Geez, what a joke the Republicans are playing! Everyone here knows that emails are not on the local drive and all the crashes in the world are not going to eliminate those emails so why are the Republicans going along with this?

Are they in on it or are they just that stupid! Either way, we are the ones being played for the fools...


4 posted on 06/29/2014 9:53:36 PM PDT by Deagle (ues)
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To: Cheerio
Investigators will never know if Lerner crashed her own computer,

Ummm... who says her computer ever actually crashed? Has anyone seen a service call log or work order or procurement order for a new one? All of which should exist if things happened the way they claim.

5 posted on 06/29/2014 9:55:10 PM PDT by ElkGroveDan (My tagline is in the shop.)
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To: ElkGroveDan

Doesn’t matter! Who cares if her hard drive actually crashed, all emails are available on server and recipient so they are easily retrieved! All of this malarkey is just bull crap! Why aren’t the Republicans bringing in someone knowledgeable about emails to say just that? Good question!


6 posted on 06/29/2014 9:58:19 PM PDT by Deagle (ues)
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To: Cheerio

Stern warning to follow.


7 posted on 06/29/2014 9:58:48 PM PDT by Michael.SF. (I never thought anyone could make Jimmy Carter look good in comparisons)
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To: ElkGroveDan; All

Watch the Civil Court cases. I think one comes up 10 July.

The IRS was duty bound to tell the Courts, in all of the various lawsuits out there, that they had “lost” these emails which were subject to FOIA requests and also subject to “discovery” subpoena.

A special prosecutor MIGHT be appointed by a judge.


8 posted on 06/29/2014 9:59:37 PM PDT by Kansas58
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To: Michael.SF.

Candy Crowley has copies of the emails!


9 posted on 06/29/2014 10:01:47 PM PDT by Mr_Moonlight
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To: Cheerio

She broke laws to the extreme. Now, shoot some truth serum into her arm before the committee and let the whole filthy ooze of Obama’s corruption come spilling out. People like Elenor Holmes Norton will immediately yell “waaaaycist!” but her microphone can be turned off.

I want the links to Osaddama uncovered before the midterm. His fingerprints are all over this. He’s like bobo the clown but less competent.


10 posted on 06/29/2014 10:02:14 PM PDT by Viennacon (Rebuke the Repuke!)
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To: Kansas58

Oh yeah, the IRS is bound to tell all...geez, what a joke!! Have you not been following any of the last 50 years or so of these kind of actions - and it is getting much worse!


11 posted on 06/29/2014 10:02:43 PM PDT by Deagle (ues)
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To: Cheerio

Seems they could call in the person that was head of the IT for her department to confirm her computer crashed.

If Lois’ computer crashed, I am sure she didn’t make that determination. I feel pretty confident she would have called in the IT people to help. Anyone else in her position would have.

Bring in her IT people to confirm the crash. Let’s see who’s lying..


12 posted on 06/29/2014 10:03:49 PM PDT by boycott
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To: Deagle

The point is that the IRS is soon to have BOTH Congress AND the Courts on its back.

And do you understand the idea of a “default judgment”? The Court can say that failure to produce evidence, or the willful destruction of evidence, is proof enough that the evidence was beneficial to the plaintiff.


13 posted on 06/29/2014 10:05:14 PM PDT by Kansas58
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To: Deagle

$10 million to the first person who comes up with the emails that lead to the impeachment of Barack Hussein Obama and the indictment of louis Lerner


14 posted on 06/29/2014 10:06:19 PM PDT by Hildy (Falling down is how you grow. Staying down is how you die.)
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To: Kansas58

“Sure, and I’m a Chinese jet pilot.”
Ash, Housewares.
“Shop smart, shop S-mart!”


15 posted on 06/29/2014 10:06:35 PM PDT by tumblindice (America's founding fathers: all armed conservatives)
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To: boycott

Only if they are not a confirmed Liberal...and not committed to lying (fat chance for a liberal). Sorry but if you want facts, that means criminal complaints. Now just how do we get to that point? Two guesses..and really if you need more, you are a liberal.


16 posted on 06/29/2014 10:08:57 PM PDT by Deagle (ues)
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To: Cheerio

Why not subpoena all of the computers used by the Cincinnati Rogues. Those things she be loaded with emails from Lerner.


17 posted on 06/29/2014 10:09:41 PM PDT by FlingWingFlyer (The future must not belong to those who slander bacon.)
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To: Kansas58

You do not understand that the Liberals have two of three at their back and the Courts will never get the case..


18 posted on 06/29/2014 10:10:11 PM PDT by Deagle (ues)
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To: tumblindice

sorry I have no clue what your comment means


19 posted on 06/29/2014 10:11:23 PM PDT by Kansas58
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To: Deagle
WRONG and please do your homework.

The Civil Courts already have pushed this thing very hard. It was the Civil lawsuits, by ACLJ, Jay Sekulow, Mark Levin and others that got us this far, in many ways.

20 posted on 06/29/2014 10:13:34 PM PDT by Kansas58
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To: Hildy

Might work, surely worth a try!


21 posted on 06/29/2014 10:13:53 PM PDT by Deagle (ues)
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To: Kansas58

Should look at the latest decisions... Sure does not look like a conservative court to me but does look like a court subjected to influence by those in power. Maybe you are looking a the few decisions that seem plausible rather than those that are unconstitutional.


22 posted on 06/29/2014 10:16:39 PM PDT by Deagle (ues)
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To: FlingWingFlyer
Why not subpoena all of the computers used by the Cincinnati Rogues. Those things she be loaded with emails from Lerner.

They doubtless were. But six of them suffered "hard drive crashes" a week after Lerner suffered hers.

Yeah, I know. Amazing coincidence...

23 posted on 06/29/2014 10:17:33 PM PDT by okie01 (The Mainstream Media: Ignorance on parade.)
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To: okie01

Still has nothing to do with loss of emails!


24 posted on 06/29/2014 10:18:52 PM PDT by Deagle (ues)
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To: Kansas58

It means, “My cow died, so I won’t be needing your bull.”
Do you comprehend my meaning now, Kansas?


25 posted on 06/29/2014 10:19:29 PM PDT by tumblindice (America's founding fathers: all armed conservatives)
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To: tumblindice
bull?
HUH?

Every word in that post was TRUE! If you disagree, please share your “wisdom” with the rest of us, ok?

“Watch the Civil Court cases. I think one comes up 10 July.

The IRS was duty bound to tell the Courts, in all of the various lawsuits out there, that they had “lost” these emails which were subject to FOIA requests and also subject to “discovery” subpoena.

A special prosecutor MIGHT be appointed by a judge”

26 posted on 06/29/2014 10:22:11 PM PDT by Kansas58
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To: Michael.SF.

Uh oh

Is he going to threaten to write a letter?

It’s so very difficult to explain to the young people around her who know a hard drive can’t erase emails that Issa isn’t in on thus scam. ESP with the display of hatred his cohorts in the GOP have gone after conservatives is a worse way that BO and his irs


27 posted on 06/29/2014 10:23:46 PM PDT by stanne
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To: Deagle

Deagle you seem to be stuck up a blind ally.

I AM NOT TALKING ABOUT THE SUPREME COURT!

Any Federal Judge has the power to appoint a SPECIAL PROSECUTOR with out the cooperation of the Supreme Court at all. Get it?

And that is exactly what happened with that Alaska Senator who was harassed to death by a rogue political hack prosecutor. The Special Prosecutor shut that political attack down.


28 posted on 06/29/2014 10:24:54 PM PDT by Kansas58
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To: Kansas58

Clarice Feldman had a good article on American Thinker that mentioned that as to where this battle will be won.

http://www.americanthinker.com/2014/06/shifting_sands.html


29 posted on 06/29/2014 10:28:32 PM PDT by digger48
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To: Kansas58

Love your consistent effort to assume that the IRS will do the right thing (even if they are the abuser). You are a righteous person I’d guess. Unfortunately, the IRS is a self serving unit and will not be cooperating in any meaningful manner. That is to be expected when they are under investigation...

Love you DUTY BOUND statement though - as if that has any meaning...heh.


30 posted on 06/29/2014 10:29:40 PM PDT by Deagle (ues)
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To: Hildy

Oh I would think you’d have to match what lerners getting 10 m is what she gets just to saunter into the chambers and slam her paperwork down and point to where her eunuch is to sit

Come on


31 posted on 06/29/2014 10:30:33 PM PDT by stanne
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To: Cheerio

Kabuki theatre.


32 posted on 06/29/2014 10:33:26 PM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
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To: 2ndDivisionVet

Heh, maybe only to those who care less...


33 posted on 06/29/2014 10:36:47 PM PDT by Deagle (ues)
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To: tumblindice

“2. The Spoilation of Evidence and Failure to Comply with Discovery Rules

It may well be, however, that the case will explode as a result of private litigation, not Congressional hearings. As American Thinker’s Thomas Lifson noted, the case brought by Z Street, a pro-Israel interest group, denied tax exempt status by Lois Lerner, may be the trigger.

The involves a case filed in August 2010. The Wall Street Journal noted of it:

Under the Federal Rules of Civil Procedure and legal precedent, once the suit was filed the IRS was required to preserve all evidence relevant to the viewpoint-discrimination charge. That means that no matter what dog ate Lois Lerner’s hard drive or what the IRS habit was of recycling the tapes used to back up its email records of taxpayer information, it had a legal duty not to destroy the evidence in ongoing litigation.

In private white-collar cases, companies facing a lawsuit routinely operate under what is known as a “litigation hold,” instructing employees to affirmatively retain all documents related to the potential litigation. A failure to do that and any resulting document loss amounts to what is called “willful spoliation,” or deliberate destruction of evidence if any of the destroyed documents were potentially relevant to the litigation.

At the IRS, that requirement applied to all correspondence regarding Z Street, as well as to information related to the vetting of conservative groups whose applications for tax-exempt status were delayed during an election season. Instead, and incredibly, the IRS cancelled its contract with email-archiving firm Sonasoft shortly after Ms. Lerner’s computer “crash” in June 2011.

In the federal District of Columbia circuit where Z Street’s case is now pending, the operating legal obligation is that “negligent or reckless spoliation of evidence is an independent and actionable tort.” In a 2011 case a D.C. district court also noted that “Once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a ‘litigation hold’ to ensure the preservation of relevant documents.”

The government’s duty is equally pressing. “When the United States comes into court as a party in a civil suit, it is subject to the Federal Rules of Civil Procedure as any other litigant,” the Court of Federal Claims ruled in 2007. The responsibility to preserve evidence should have been a topic of conversation between the IRS chief counsel’s office and the Justice Department lawyers assigned to handle the Z Street case.

The case opens the door into the IRS destruction of evidence, setting up separate tort claims against those responsible.

And the Z Street case is not the only one where the government is on the hotseat respecting the IRS documents.

Internal Revenue Service officials will have to explain to a federal judge July 10 why the tax agency didn’t inform the court that Lois Lerner’s emails had been lost.

U.S. District Court for the District of Columbia Judge Emmett G. Sullivan quickly granted a motion filed earlier today by attorneys for Judicial Watch seeking a courtroom status conference “as soon as possible to discuss the IRS’s failure to fulfill its duties to this court under the law, as well as other ramifications of this lawsuit.”

In its motion, the non-profit watchdog noted that the IRS publicly acknowledged loss of Lerner emails to and from individuals outside of the agency early in February 2014.

Then on Feb. 26, the tax agency provided its first production of documents in response to a Judicial Watch Freedom of Information Act lawsuit filed in October 2013.

No mention was made in that production of the lost Lerner emails, even though the original Judicial Watch FOIA lawsuit filed in May 2013 specifically sought them.

Judicial Watch further noted that “although IRS had knowledge of the missing Lois Lerner emails and of the other IRS officials, it materially omitted any mention of the missing records” in an April 30 status update on its document production. [snip] The tax agency could also face court sanctions or even criminal proceedings if Sullivan is not satisfied with the government’s explanation.

Judge Sullivan presided over the Department of Justice’s horrible prosecution of former Senator Ted Stevens (since reversed ) and should by that experience hold no presumptions about the integrity of the government lawyers before him. He has seen the low ethical and professional caliber of those who handled that case, the worst example of prosecutorial misconduct outside of the Duke Lacrosse case in my memory.”
(From the American Thinker)


34 posted on 06/29/2014 10:37:22 PM PDT by Kansas58
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To: Deagle

How many people has Rep. Issa prosecuted so far?


35 posted on 06/29/2014 10:39:16 PM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
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To: digger48
Thanks! Great article. I have seen the story in several different formats and conservative pieces.
I guess some Freepers don't read much?
36 posted on 06/29/2014 10:41:08 PM PDT by Kansas58
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To: Kansas58

Sounds like this case has nothing to do with the current case except through comparison maybe...

What are you inferring?


37 posted on 06/29/2014 10:42:05 PM PDT by Deagle (ues)
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To: 2ndDivisionVet; Deagle
How many people has Rep. Issa prosecuted so far?

None. Congressmen don't have prosecutorial powers.

38 posted on 06/29/2014 10:42:35 PM PDT by okie01 (The Mainstream Media: Ignorance on parade.)
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To: 2ndDivisionVet
HUH?
Show me where Issa has the POWER to “prosecute” would you?

Lets be glad people are fighting. Why must we condemn the way they fight?

39 posted on 06/29/2014 10:42:40 PM PDT by Kansas58
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To: Kansas58

T’would appear that way.

Kinda suprised it wasn’t posted here on FR, but a quick search showed up nothing


40 posted on 06/29/2014 10:45:02 PM PDT by digger48
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To: Kansas58

Hasn’t he the power of his committee to call and subpoena witnesses and request the DOJ prosecute? Has he EVER done so?


41 posted on 06/29/2014 10:45:16 PM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
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To: Deagle
HUH?
Are you new to politics?
Are you new to legal stuff?

I am saying directly that the IRS is in trouble. I am saying that the Courts and Congress are sharing information.

I am saying that the Courts were NOT informed of the missing evidence, the SAME “missing” evidence that Congress is upset about.

I am saying that Civil Court Rooms are NOT bound by Eric Holder or Obama’s decisions to prosecute or not prosecute.

The ISSUE is the same. The VENUES are multiple, several Court rooms, several cases, and then there is Congress as well.

42 posted on 06/29/2014 10:45:57 PM PDT by Kansas58
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To: Kansas58

Geez, if the people through their Representatives can prosecute crimes, what the hell is divided government worth?

Any branch of Government can do what they wish if this is true. Actually, the Representative branch’s control of the funds seems unlikely at this point and if that is so, what power do they actually have?


43 posted on 06/29/2014 10:46:11 PM PDT by Deagle (ues)
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To: Deagle

I think you have a reading comprehension problem. You are not keeping up with this conversation very well.

NO, Congress does NOT have the power to prosecute and that was my point.


44 posted on 06/29/2014 10:49:39 PM PDT by Kansas58
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To: Deagle

Sorry, but until you overcome the Justice branch (in charge) and can declare an independent prosecutor, nothing changes...

Corruption continues...


45 posted on 06/29/2014 10:51:25 PM PDT by Deagle (ues)
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To: Deagle

Other entities are already using the Court System to attain the same evidence sought by Congress.

and a DC Circuit Court Judge has already ruled that they were to be preserved.

some of the recently released documents came as a result of these lawsuits, not from any Congressional action.


46 posted on 06/29/2014 10:52:25 PM PDT by digger48
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To: Cheerio

If this were a republican appointee, the press would be screaming 24x7


47 posted on 06/29/2014 10:54:42 PM PDT by realcleanguy
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To: digger48

Love that you are so hopeful of the Judicial but since that is the only branch left, I guess that is understandable. It seems just an appointment away from anarchy...

Good luck in the future unless the Constitution is brought into the forefront again... These days it seems that party seems to control both.


48 posted on 06/29/2014 11:00:40 PM PDT by Deagle (ues)
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To: Cheerio

How many broken laws does it take before Issa and Congress do something about it? I am tired of talk.


49 posted on 06/29/2014 11:05:29 PM PDT by kalee
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To: kalee

Good question! When will they quit pestering and actually do something, my question? Could they not remove funding from the IRS? Would be a great start.


50 posted on 06/29/2014 11:08:04 PM PDT by Deagle (ues)
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