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Ruh Roh! Federal judge considering independent IT review of "lost" IRS emails

Posted on 7/3/14 at 8:27 am
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98748 posts
Posted on 7/3/14 at 8:27 am
LINK


quote:

IRS attorneys will be even busier than normal next week, because another federal judge has told them to show up in court July 11 to defend the federal tax agency.

They will have to explain to U.S. District Court Judge Reggie Walton why the IRS shouldn't be required to let an outside expert evaluate whether emails on the computer hard drives of former IRS official Lois Lerner and six colleagues really are lost forever, as the agency recently told Congress.

Responding to a motion filed Monday by True the Vote, a Houston-based conservative nonprofit at the center of IRS targeting during the 2010 and 2012 campaigns, Walton issued an order Tuesday to hear arguments next week.
Posted by Navytiger74
Member since Oct 2009
50458 posts
Posted on 7/3/14 at 8:29 am to
Why isn't this already being done? As I quipped once, if I deleted a bunch of e-mails to save myself some cash in a divoce settlement, you better believe that the ex's lawyer would have techs dig that stuff up.
Posted by Lsut81
Member since Jun 2005
80150 posts
Posted on 7/3/14 at 8:29 am to
quote:

They will have to explain to U.S. District Court Judge Reggie Walton why the IRS shouldn't be required to let an outside expert evaluate whether emails on the computer hard drives of former IRS official Lois Lerner and six colleagues really are lost forever, as the agency recently told Congress.


They will claim privacy issues...
Posted by jamboybarry
Member since Feb 2011
32647 posts
Posted on 7/3/14 at 8:30 am to
quote:

Why isn't this already being done?


This

Although I assume the agency response would be similar to that of the independent prosecutor question that it would cost the taxpayers too much
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98748 posts
Posted on 7/3/14 at 8:30 am to
quote:

Why isn't this already being done?


I haven't read the pleadings in the case, but I suspect that the IRS has cited a bunch of privacy laws (and the story implies that, just like Congress, the plaintiff only just found out from IRS that these e-mails were "lost").
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 7/3/14 at 8:38 am to
quote:

They will claim privacy issues...
Privacy issues may apply to some of the content, but not to the ability to recover the information. If the outside expert determines the information is recoverable, then the IRS has been willfully ignoring an obligation to produce specific information that is not covered by any privacy laws. That is what Judge Walton will rule on.
Posted by Rickety Cricket
Premium Member
Member since Aug 2007
46883 posts
Posted on 7/3/14 at 8:40 am to
I don't care if they were appointed by Clinton, Bush, or Obama. Any Federal Judge would be fuming if a party tried to pull an obvious spoliation move like this.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98748 posts
Posted on 7/3/14 at 8:43 am to
quote:

Any Federal Judge would be fuming if a party tried to pull an obvious spoliation move like this.


Unless they were a complete hack.
Posted by Wolfhound45
Hanging with Chicken in Lurkistan
Member since Nov 2009
120000 posts
Posted on 7/3/14 at 8:48 am to
Hoping he stays on this. Would like some judicial review of the facts. Right now, we have to accept what the IRS said. No indpendent information is available.
Posted by 4LSU2
Member since Dec 2009
37324 posts
Posted on 7/3/14 at 8:58 am to
quote:

Right now, we have to accept what the IRS said.


I don't accept what they said and don't think anyone else with half a brain in their heads do either.
Posted by Quidam65
Q Continuum
Member since Jun 2010
19307 posts
Posted on 7/3/14 at 9:02 am to
quote:

Unless they were a complete hack.


I don't think this judge is a complete hack, in fact he'll be criticized since he's a Bush 43 appointee.

LINK

He handled the cases involving Scooter Libby and Roger Clemens.

And speaking of baseball, he's from the same small town as Hall of Famer Stan Musial.
This post was edited on 7/3/14 at 9:04 am
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