Skip to comments.Judge Issues New Order to IRS: Your Excuse For "Lost" Emails is Invalid
Posted on 08/15/2014 12:47:10 PM PDT by jazusamo
After listening to excuses from IRS officials about why they cannot produce "lost" emails requested through a Judicial Watch Freedom of Information Act lawsuit, U.S. District Court Judge Emmet Sullivan has ordered the IRS to come up with a better explanation as to why the agency cannot produce valid documentation. He's also asking for details about IRS hard drive destruction policy and wants verification from an outside source that IRS hard drives in question were in fact destroyed as officials have claimed.
"In an extraordinary step, U. S. District Court Judge Emmett Sullivan has launched an independent inquiry into the issue of the missing emails associated with former IRS official Lois Lerner," President of Judicial Watch John Fitton said in a statement. "Previously, Judge Sullivan ordered the IRS to produce sworn declarations about the IRS email issue by August 11. Todays order confirms Judicial Watchs read of this weeks IRS filings that treated as a joke Judge Sullivans order."
From Judge Sullivan's order:
In light of  the Declarations filed by the IRS, the IRS is hereby ORDERED to file a sworn Declaration, by an official with the authority to speak under oath for the Agency, by no later than August 22, 2014. In this Declaration, the IRS must: (1) provide information about its efforts, if any, to recover missing Lois Lerner emails from alternate sources (i.e., Blackberry, iPhone, iPad); (2) provide additional information explaining the IRS's policy of tracking inventory through use of bar code property tags, including whether component parts, such as hard drives, receive a bar code tag when serviced. If individual components do not receive a bar code tag, provide information on how the IRS tracks component parts, such as hard drives, when being serviced; (3)
provide information about the IRS's policy to degauss hard drives, including whether the IRS records whose hard drive is degaussed, either by tracking the employee's name or the particular machine with which the hard drive was associated; and (4) provide information about the outside vendor who can verify the IRS's destruction policies concerning hard drives.
The IRS has one week to come up with some answers.
H/T Ed Morrissey
Next step is to rule that the missing emails would have proved the plaintiff’s case and find for the plaintiff.
You mean the dog ate the hard drive isn’t good enough? Why not? It works for the Rats in Congress.
I like that.
LOL! The irs response: “Owwwww. A judge scolded us. Owwww.”
Judges pay taxes too.
Obstruction of Justice & Perjury looming for many of Barack’s foot soldiers.
What can the judge do if the IRS continues to stonewall, using the “we lost the data” argument?
That would be sweet.
yeah! Some good news.
So sad we’ve come to this point.
Obama will not be ‘dirt broke’ after he sells his pardons.
“You mean the dog ate the hard drive isnt good enough? “
Rats, beat me to it.
Dim-bulb-crat excuse 3: I accidentally hit the delete button (after marking the file and confirming I really wanted to delete it).
Dim-bulb-crat excuse 4: George W made me do it.
Following these, the Holder Clown show of felon/cretins will issue the standard “Nothing to see here, move along, move along.” response.
Really, does anyone actually think something will come of this?
Unless someone actually gets tossed in the klink, this amounts to nothing more than a kibuki slapfest between lawyers and politicians.
“And I’m not talking about hastily scribbled notes on the back of a cocktail napkin!”
He told them to come up with a better excuse?
I wish he had simply told them to produce the documentation or be jailed for contempt.
Yes, very sad we’ve come to this point.
The executive branch is blatantly lawless and arrogantly dares anyone to do something about it.
Looks like this judge is calling them.
Or maybe the fish slapping dance?
You captured this exactly right.
It’s as if the Judge was saying, “I don’t buy the excuse you just made up out of thin air... so, go back to the drawing board, and make up a more believable excuse out of thin air.”
Exactly! This is not a Conservative vs. Liberal nor is it a Demo vs. Repub. This is about abusive power that this agency has done. Who knows perhaps in the past this judge was audited or maybe he is thinking into the future that he too could be a victim of this evil agency.
The fish slapping dance:
So, neither were the Clintons. The Marc Rich pardon alone, arranged by Eric Holder, must have been worth a mint.
The democrats are thinking to themselves.... Gee, if only Lois Lerner were a black woman then they could scream it’s all about racism.
Exactly. Heads will roll and private purses will be emptied.
The IRS has been a criminal organization for some time. In fact even the courts have been corrupted by this group - the law says, innocent until proven guilty, but in the upside down world of tax court you are guilty until proven innocent. Otherwise how are they able to confiscate property first before there is any judgement.
The people they have driven to suicide. Lives ruined. Family homes, farms, seized. And meanwhile our Federal government promotes anti-christian agendas that are funded by the terrorist, extortion tactics of the IRS.
I would say you must be a satanist if you support the IRS. You must truly be an evil, soulless person to have sympathy for that crew of demons.
Article 3 vs Article 2. It would be darn nice if the GOP run House in Article 1 would actually arrest some of these miscreants rather then hiding under their desk away from the Liar-In-Chief and his Goebbels media.
That happened to my company, and my Fathers company. The State Comp just outright
locked my accounts and I had to find out from my bank that the State
was involved. Turns out they received the sales tax's two days before
this happened and five days before it was due. But hey, they were
exercising their power. Literally.
I still have that letter of apology with the state header. Framed!
Now I keep most of my funds out of the banks. Some in other states where
local Comptrollers cannot touch it without a proper court order.
The only way to handle this is to jail all the supervisors at the irs, plus the commissioner, plus his boss.
Yep...That commissioner needs to locked up just for his smugness.
Here's a little secret: the GOP is in on it.
Once you understand that the GOP is really about authoritarian Statism and there is no difference between Republican and Democrat everything becomes so much clearer... like washing a pair of dirty glasses.
There are numerous instances of destruction of Emails and other official government correspondence in violation of federal law. Boehner needs to reach down into his girly pants and locate his b*lls and ORDER THE SARGEANT AT ARMS TO START MAKING ARRESTS. This is the only recourse since the criminal DOJ is complicit in obstruction of justice.
I would never underestimate what a judge can do, especially if involves what transpires inside his courtroom.
I recall in the O.J. case that the defense brought to the judge's attention that a knife existed at O.J.'s home and that the police had failed to take it into evidence.
I believe that the judge appointed a "master" who then had authority to go to O.J.s house and take possession of the knife. This mystery object was in a sealed envelope for much of the trial.
Probably whatever authority the judge can grant to others, he can also use to advance matters himself. Search warrants, arrest warrants, subpoenas, gag orders, injunctions, contempt citations, and who knows what else. He can probably grant a witness immunity from prosecution in order to defeat a claim of self-incrimination.
All of the above actions would be subject to appeals, perhaps ultimately to the Supreme Court. Our judiciary system will continue to function as long as law-abiding citizens will recognize their authority. Unfortunately, Obama's injustice Department is busy undermining the rule of law faster than the courts can reverse it.
Send the top echelon of the IRS Down to Gitmo!!!
The IRS Starts(and ends) AT the Federal Reserve...
Yes, I don’t think this how our founding fathers intended for the federal government to be - it is definitely tyranny.
I still have that letter of apology with the state header. Framed! Now I keep most of my funds out of the banks. Some in other states where local Comptrollers cannot touch it without a proper court order.
I have heard so many tales of this - its why I keep all records and have insurance that pays for tax lawyers. I also don't keep funds in only one bank like you said. I have seen a friend become penniless and unable to hire a lawyer based on a 'mistake' by the IRS. By the time he was done proving his innocence his business was destroyed and he lost his home. A 'sorry' just doesn't cut it.
Not to mention someone else who had a freelancer (who only worked for her for 2 weeks) file as an employee for workman's comp which triggered an endless audit. She finally just closed her business as the only way to save her sanity. Now she is unemployed and relies on her husband.
Land of the Free? Home of the Brave?
No wonder we're screwed as a country now.
Also I am so sick of people who talk about 'tax cheats' when the IRS are the biggest crooks, terrorists and lying scum. How we don't openly revolt about this criminal organization is beyond me. I'd rather deal with the Mafia than these criminals.
And now they want to bring in a new illegal alien underclass and give them the 'blood money' extorted from working Americans. Seriously, what the hell is going on here??
Where is the special prosecutor? If this was an investigation by the IRS against a middle class American who had lost their records that American would be locked in a prison - life destroyed - for 20 years.
But we keep defending this hopelessly corrupt Federal Monster and their endless powers. The real war on terror should be waged against the IRS.
How about issuing some bench warrants for these obfuscators. Maybe that will get their attention.
Thank you for expressing some common sense.
So many idiots on this thread are just so full of themselves and their snark tonight that they can't seem to muster the least little bit of appreciation for the fact that setting up a criminal syndicate is a process.
And so far this set up is going just the way we'd all want it to go, too.
Some mistake their depressive snark with saying something meaningful, when in reality they have contributed nothing substantive to the discussion.
The judge basically said to the IRS, "That's the best set of excuses you can give me for your sad-assed behavior -- and in MY courtroom, no less?? Come back and try again. You've got a week."
The judge is setting up these IRS lackeys. The IRS came to him with "the best" they had and now they have to try to come up with another story that's better than the last and somehow doesn't contradict the first story in anyway or else someone's gonna have perjury written all over their face.
And maybe that's the point. That's when it will get real interesting ... who among them will be persuadable to flip in exchange for reduced charges?
The guy with the popcorn picture has it right.
Of course everything depends upon the judge truly wanting to make the executive branch accountable to the people. If not, then he can pretty easily tie things up, requiring an appeal of his every decision.
Many of us remember Watergate. Nixon was ordered by the courts to turn over secret audiotapes recorded in the Oval Office. Claims of "executive privilege" do not extend to evidence of felonious behavior.
If the judge in this case demands evidence, I think he will get it.
Sixty-five people were convicted of felonies during Watergate, many of whom were lawyers and who had no direct involvement in the original crime. Such a thing could happen here.
This is pretty much what got people upset with Nixon. The fact that no liberal will stand up and acknowledge it’s the same thing....pretty much takes all the steam out of their argument. Hard to say why we can let the IRS continue to exist at this point.
contempt has to have a purge provision.
This is about putting the IRS under oath.
Hard drives have serial numbers.
Lerner is trying to say she does not have any fingerprints because something she touched was wiped clean. (deny her finger tips have prints)
Lois and the IRS don't put much effort into their lies because they know the MSM 'wants to believe'. They're all democrats - what's a few lies among friends, right?
If the IRS had said the hard drives grew legs and walked out of Lois's office - the New York Times would've fallen for it.