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alp227

(32,018 posts)
Tue Jun 24, 2014, 02:51 PM Jun 2014

Archivist: IRS didn't follow law with lost emails

Source: AP

WASHINGTON (AP) — 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 Tuesday.

"Any agency is required to notify us when they realize they have a problem," David Ferriero, archivist of the U.S. during a House Oversight and Government Reform committee hearing.

In June 2011, former IRS executive Lois Lerner's computer crashed, resulting in the loss of records that are sought in investigations into the agency targeting conservative groups seeking tax-exempt status. At the time, the agency tried to recover the records, but without success.

Republicans have questioned the timing of the hard drive crash, suggesting key records sought in the investigation have conveniently gone missing.

Read more: http://bigstory.ap.org/article/irs-head-says-no-laws-broken-loss-emails

31 replies = new reply since forum marked as read
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Archivist: IRS didn't follow law with lost emails (Original Post) alp227 Jun 2014 OP
Computers never crash. bradla Jun 2014 #1
Really? nt alp227 Jun 2014 #2
Sorry , I was being sarcastic. bradla Jun 2014 #3
it sounds like I have a better backup system than the IRS Travis_0004 Jun 2014 #7
How does a hard drive crash destroy email They_Live Jun 2014 #4
Probably how they've been able to retrieve about 24,000 to date Cerridwen Jun 2014 #6
Not exactly. But it makes a better headline, doesn't it? More spin; less filling. Cerridwen Jun 2014 #5
"...when an agency becomes aware of an incident of unauthorized destruction,..." A computer crash?? yellowcanine Jun 2014 #8
Yeah. Good point. It's issa's stenographers acting as reporters Cerridwen Jun 2014 #11
Unless its name is "Christine" ....... yellowcanine Jun 2014 #12
Yeah? Yeah? How do you know it's a girl, hmmmm? Cerridwen Jun 2014 #13
Christine is the model for the inanimate object with human personality..... yellowcanine Jun 2014 #16
Apparently my little humor was very little. Sorry. Cerridwen Jun 2014 #17
hmmm rtracey Jun 2014 #9
The computer apparently knew so it should be arrested, dammit! yellowcanine Jun 2014 #10
I dont care who you support, this is all a load of crap. Dog ate their homework. 7962 Jun 2014 #14
Yes it is crap. 840high Jun 2014 #15
Note - ALL records not lost; emails available on other computers, just need to be retrieved. yellowcanine Jun 2014 #18
So the IRS says they CAN retrieve whatever emails have been requested? 7962 Jun 2014 #20
I will trust the IRS over Mitt Romney et al. yellowcanine Jun 2014 #21
I sure wont. Not after the crap I've seen. Guess we'll just disagree on that. 7962 Jun 2014 #22
Yeah we sure will. Way to jump on the beat up on Government workers bandwagon. yellowcanine Jun 2014 #23
Yeah, thats what I said. (?) When it happens to you, you'll think differently. 7962 Jun 2014 #24
You are condemning a whole group of hard working people for the misdeeds of a few. yellowcanine Jun 2014 #28
Oh horseshit. Funding has nothing to do with their heavy-handedness. 7962 Jun 2014 #29
So are you advocating a national sales tax aceofblades Jun 2014 #30
I'm not sure what the "official" estimates are by supporters, but this is my main thought: 7962 Jun 2014 #31
What Dark Age email sever does the IRS have? apnu Jun 2014 #19
I agree, but you'll be pilloried for thinking it. nt 7962 Jun 2014 #25
Let them flame me. But I stand by my statement apnu Jun 2014 #26
What a crock! yallerdawg Jun 2014 #27
 

Travis_0004

(5,417 posts)
7. it sounds like I have a better backup system than the IRS
Tue Jun 24, 2014, 03:50 PM
Jun 2014

Which is good because if I lost necessary documents in a computer crash they wouldnt let me off the hook.

They_Live

(3,231 posts)
4. How does a hard drive crash destroy email
Tue Jun 24, 2014, 03:37 PM
Jun 2014

that's going to someone else? It's on a network somewhere, right?

Cerridwen

(13,257 posts)
6. Probably how they've been able to retrieve about 24,000 to date
Tue Jun 24, 2014, 03:42 PM
Jun 2014

and are working on a total of 67,000 emails.

The answer to your question may be partially answered in the article itself:

In 2011, the IRS had a policy of backing up emails on computer tapes, but the tapes were recycled every six months, Koskinen said. He said Lerner's hard drive was recycled and presumably destroyed.


Cerridwen

(13,257 posts)
5. Not exactly. But it makes a better headline, doesn't it? More spin; less filling.
Tue Jun 24, 2014, 03:39 PM
Jun 2014
In a rare evening hearing before the same committee Monday, IRS Commissioner John Koskinen said that he has seen no evidence anyone committed a crime when the agency lost emails that might shed light on the targeting of tea party and other political groups before the 2010 and 2012 elections.

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.


No direct and full quote so we can't really be sure what he said in context. But, hey, when has the AP ever concerned themselves with accurate reporting?

Later in the article is an abbreviated quote that appears to be from his written testimony, link here:

In accordance with the Federal Records Act (44 U.S.C. §§ 2905(a) and 3106) and its
implementing regulations (36 CFR Part 1230), when an agency becomes aware of an incident of unauthorized destruction,
they must report the incident to us. The report should describe the records, the circumstances in which the unauthorized destruction took place, and the corrective steps being taken to properly manage the records in the future. If we hear about the incident before the agency has reported it, we will notify the agency and request similar information. The goal of this process is to ensure that the
circumstances that may have led to the loss of Federal records are corrected and not repeated.

NARA learned of the alleged unauthorized disposal by the IRS through a letter, dated June 13, 2014, from the IRS to Senators
Ron Wyden and Orrin Hatch of the Senate Committee on Finance. In this letter, the IRS reported the loss of email records
of Lois Lerner, the former head of the IRS’ Exempt Organization Division, dating from 2009-2011, as the result of the failure of
a hard drive.

Accordingly, NARA asked the IRS to investigate the alleged disposal of the items in question and whether the alleged disposal was broader than was reported in the June 13, 2014, letter. A report of the investigation into this matter is required within 30 days, as stated in 36 CFR § 1230.16(b).


It looks like they missed the 30 day deadline. Or maybe, reading through the rest of the written portion of Mr. Ferriero's written testimony he was alluding to some backlog at NARA. Hell, maybe none of the above.

In addition:

Koskinen said there was no evidence that Lerner intentionally destroyed the 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.

<snip>

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.


I wonder if this will be the same time of spin and twist we witnessed with Benghazi. Nah. The press wouldn't try that again, would they? Worse yet, the public won't buy that spin again, will they? Nah. Of course they wouldn't.





yellowcanine

(35,699 posts)
8. "...when an agency becomes aware of an incident of unauthorized destruction,..." A computer crash??
Tue Jun 24, 2014, 04:26 PM
Jun 2014

Arrest that computer!

Seriously, a computer crash is "unauthorized destruction?" Seems to me there has to be some kind of willful act to meet that definition. And a computer crash does not destroy emails. The emails in question are presumably on another computer, so how are they "destroyed"?

Cerridwen

(13,257 posts)
11. Yeah. Good point. It's issa's stenographers acting as reporters
Tue Jun 24, 2014, 04:37 PM
Jun 2014

spinning so much they must have dug down to Orwell from the far side of the planet by now. My guess would be that was why the archivist said "alleged."

I wouldn't worry about the computer though. It looks as though it received it's "just desserts" since it was first sent to forensics and then recycled.

Cerridwen

(13,257 posts)
13. Yeah? Yeah? How do you know it's a girl, hmmmm?
Tue Jun 24, 2014, 04:50 PM
Jun 2014

Maybe his name is Jason. You ever think of that? Huh?



 

rtracey

(2,062 posts)
9. hmmm
Tue Jun 24, 2014, 04:27 PM
Jun 2014

The facts that doesn't seemed to be mentioned is this crash took place 14-16 days before the IRS inquiry even came into place. So this woman knew before an investigation, and knowing everything is backed up, she decided to just dump emails? naaaaa sounds like GOP is fishing with bait again.....

 

7962

(11,841 posts)
14. I dont care who you support, this is all a load of crap. Dog ate their homework.
Tue Jun 24, 2014, 06:30 PM
Jun 2014

They wouldnt give ME a break if my records were lost in a "crash". What about the off-site company hats supposed to keep up with all their stuff?

yellowcanine

(35,699 posts)
18. Note - ALL records not lost; emails available on other computers, just need to be retrieved.
Wed Jun 25, 2014, 10:10 AM
Jun 2014

Take a deep breath and let out slowly, counting to ten. There, feel better now?

 

7962

(11,841 posts)
20. So the IRS says they CAN retrieve whatever emails have been requested?
Wed Jun 25, 2014, 12:01 PM
Jun 2014

I dont trust the IRS regardless of who is in office. Seen too many people railroaded by them over nothing. A couple ruined.
So I doubt anything they say to start with. But they knew about them and didnt report it.
I run it thru my Bush filter, and if this was happening under him I'd be pissed and I bet most here would be too.

 

7962

(11,841 posts)
24. Yeah, thats what I said. (?) When it happens to you, you'll think differently.
Wed Jun 25, 2014, 03:10 PM
Jun 2014

Its easy to find a huge list of abuses of the IRS that have nothing to do with me. And you cant call the BBB or "corporate" to complain either. It takes a lot of money to even get them to admit they were wrong, much less fix the problem. Glad you've never been a victim, but supporting government workers has nothing to do with it. If they're wrong they're wrong I dont give a shit WHO they work for. I feel the same way about Wells Fargo.

yellowcanine

(35,699 posts)
28. You are condemning a whole group of hard working people for the misdeeds of a few.
Wed Jun 25, 2014, 10:00 PM
Jun 2014

"The IRS" is a government agency, yes, but it is made up of many people who work hard to collect taxes owed. Congress cuts corners on funding so that individuals are overloaded with work and the thanks they get are guilt by association.

 

7962

(11,841 posts)
29. Oh horseshit. Funding has nothing to do with their heavy-handedness.
Thu Jun 26, 2014, 06:20 AM
Jun 2014

And refusal to admit when they're wrong and fix it. Its been that way for years regardless of who is in charge of the purse. An old friend from high school worked for them for 20 yrs before transferring to another agency and he was the first to say it was a screwed up organization. And he even worked in the enforcement division. 70000+ pages of regulations? You want to reduce their workload, there's a start.
Again, I hope it never happens to you. You'd sing a different tune.
Get rid of em and make me pay a sales tax. Easy and more revenue for the govt. and the rich pay more. Lot of other countries do it.

aceofblades

(73 posts)
30. So are you advocating a national sales tax
Thu Jun 26, 2014, 08:11 AM
Jun 2014

to completely and solely replace the tax system in place now? If so, do you consider that to be a progressive position? How many progressives do you know whom support that? And(again if this is your position) can you explain how such a tax (with whatever sources or evidence you have) will generate "More revenue for the govt." Just curious, thanks

 

7962

(11,841 posts)
31. I'm not sure what the "official" estimates are by supporters, but this is my main thought:
Thu Jun 26, 2014, 08:16 PM
Jun 2014

First and foremost, there are SO MANY people who now pay little or no income taxes. Its really very easy to do because Ive seen it countless times. I'm not talking about the poor. How many times have you paid cash to have something done? Think about it; auto mechanics, construction workers, plumbers, electricians, A/C-heat repair, painters, flooring people, home care, car washes, real estate rentals, resort activities, roofers, the list is long. And that doesnt even include the criminal element who also make a lot of money. But all those people CAN avoid paying taxes on a large part of their income. Not saying they all do it, but its easy to cash a check and never declare it. Those are well paying jobs, too. So there is a lot of income out there not being taxed.
Now the rich who live a high lifestyle will end up paying more into the system; look at how much they spend on shit.
I am not sure about the "FairTax" proposal; havent looked deep into it. But a combination of a sales tax and maybe a flat income tax with NO deductions. Adopt the part of the fairtax that sends rebates out to people for amounts up to the poverty level.
The way we do it now is ridiculous (70000+ pages!!!)and raising taxes on the rich isnt enough to fund what we need to do. There arent ENOUGH of them to tax, and the rich are already paying the large share of income taxes anyway. Thats the biggest probem right now. The rich will always find a way around higher income taxes. Just like corps do.

I know the fairtax people say their plan would also replace the SS withholding as well. I really need to take the time to read just how much they say they can get with a 23% inclusive tax. Would business really lower their prices if their products werent taxed in production? Who knows.

I just know there is a LOT of untaxed money out here and we're doomed if everybody with the means to dont start helping to paddle the boat. I dont know whether to call it a "progressive" idea or not; I really dont care who supports it as long as it works.
Give me a couple months and a dozen smart people and I bet we could figure it out!

apnu

(8,756 posts)
19. What Dark Age email sever does the IRS have?
Wed Jun 25, 2014, 10:31 AM
Jun 2014

That the only copies of email are on the end-user's computer.

Every modern email server (including the venerable Sendmail with a bit of help) has the ability to "archive" or "journal" email to another store for compliance reasons.

Sorry, but this "missing email" is bullshit. Either the IRS IT department is incompetent, or the investigators are incompetent, or there's a blatant destruction of evidence going on here.

apnu

(8,756 posts)
26. Let them flame me. But I stand by my statement
Wed Jun 25, 2014, 03:22 PM
Jun 2014

Our Federal government is ridiculously broken. I don't just mean politicians, I mean this kind of stuff. Here's a great Ars article talking about this email issue.

http://arstechnica.com/information-technology/2014/06/are-those-lost-irs-emails-unbelievable-not-really/

and another talking about a Medial of Honor recipient's recommendation lost for years:

http://arstechnica.com/information-technology/2014/05/medal-of-honor-nomination-lost-in-e-mail-not-on-purpose-says-dod/

This is IT incompetence, management incompetence, and reliance on the shoddy contractor "system" our government is forced to use.

And yes, there are many people in government who are smart enough to know how shoddy the system is and they exploit that: workers, politicians and contractors.

I don't regret my votes for Obama, I love the guy, but his inability clean any of this up really disappoints me.

yallerdawg

(16,104 posts)
27. What a crock!
Wed Jun 25, 2014, 03:22 PM
Jun 2014

Just one more thing to distract and help low-info voters (apparently the majority) reinforce the Republican mantra "Obama bad."

KISS -Keep it simple stupid?

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