Jordan Ltr to Koskinen (9-5-2014) re other Lerner emails
Number of Pages:5
Date Created:September 5, 2014
Date Uploaded to the Library:September 05, 2014
Autogenerated text from PDF
DARRELLE. ISSA, LIFORNIA ONE HUNDRED THIRTEENTH CONGRESS ELIJAH CUMMINGS, MARYLAND CHAIRMAN RANKING MINORITY MEMBER JOHN MICA, FLORIDA CAROLYN MALONEY NEW YORK MICHAEL TURNER, OHIO ELEANOR HOLMES NORTON, (!Congress tbe ntteb $tates JOHN DUNCAN, JR., TENNESSEE DISTRICT COLUMBIA PATRICK McHENRY, NORTH CAROLINA JOHN TIERNEY, MASSACHUSETTS JIM JORDAN, OHIO WM. LACY CLAY, MISSOURI JASON CHAFFETZ, UTAH STEPHEN LYNCH, MASSACHUSETTS T!)ouse lepresentatibes TIM WALBERG, MICHIGAN JIM COOPER, TENNESSEE JAMES LANKFORD, OKLAHOMA GERALD CONNOLLY, IRGINIA JUSTIN AMASH. MICHIGAN JACKIE SPEIER, CALIFORNIA COMMITIEE OVERSIGHT AND GOVERNMENT REFORM PAUL GOSAR, ARIZONA MATTHEW CARTWRIGHT, PENNSYLVANIA PATRICK MEEHAN, PENNSYLVANIA TAMMY DUCKWORTH, ILLINOIS SCOTT DesJARLAIS, TENNESSEE 2157 RAYBURN HOUSE OFFICE BUILDING ROBIN KELLY, ILLINOI TREY GOWDY, SOUTH CAROLINA DANNY DAVIS, ILLINOIS BLAKE FARENTHOLD, TEXAS PETER WELCH VERMONT WASHINGTON, 20515-6143 DOC HASTINGS, WASHINGTON TONY CARDENAS, CALIFORNIA CYNTHIA MMIS, WYOMING STEVEN HORSFORD. NEVADA MAJORITY (202) 225-5074 ROB WOODALL, GEORGIA MICHELLE LUJAN GRISHAM, NEW MEXICO FACSIMILE (202) 225-3974 THOMAS MASSIE. KENTUCKY VACANCY MINOAlfY (202) 225-5051 DOUG COLLINS, GEORGIA MARK MEADOWS, NORTH CAROLINA hltp:J/overslghl.house.gov KEARY BENTIVOLIO, MICHIGAN RON DeSANTIS, FLORIDA September 2014 LAWRENCE BRADY STAFF IRECTOR The Honorable John Koskinen Commissioner Internal Revenue Service 1111 Constitution venue, Washington, 20224 Dear Mr. Koskinen: Thank you for agreeing testify hearing the Subcommittee Economic Growth, Job Creation and Regulatory Affairs. This hearing will take place 2:00 p.m. Wednesday, September 17, 2014, room 2154 the Rayburn House Office Building. The hearing will address matters relating the Internal Revenue Service's targeting conservative tax-exempt applicants, including the IRS's destruction Lois Lerner's e-mails and the IRS's efforts recover this material. ensure productive discussion, ask that you provide the info1mation requested below advance the hearing, including whether the IRS has searched IRS exchange server drives for Ms. Lerner's e-mails. The Committee has recently learned that the Treasury Inspector General for Tax Administration (TIGTA) has identified 760 IRS exchange server drives from the relevant period that currently exist and could contain Ms. Lerner's e-mails. According TIGT the IRS did not search these sources for Ms. Lerner's e-mails during its process producing documents Congress because the IRS was not aware that the exchange servers even existed.2 According TIGTA, the IRS was under the mistaken belief that the exchange servers had been destroyed 2012 until TIGTA's review ofIRS records indicated that the servers had not been destroyed due budgetary constraints.3 These 760 exchange server tapes could potential source for the destroyed e-mails sent received Ms. Lerner. This new infonnation conflicts with previous assertions the IRS that electronic media containing Ms. Lerner's e-mails not exist. Late Friday, June 13, 2014, the IRS disclosedon page attachment letter the Senate Finance Committee -that the IRS had destroyed two years e-mails sent received former IRS executive Lois Lerner.In this Conference call between Treasury Inspector Gen. for Tax Adm in. and Congressional Staff (Sept. 2014). Id. Letter from Leonard Oursler, Internal Revenue Serv., Ron Wyden Orrin Hatch, Corrun. Finance, encl. (June 13, 2014) (carbon copy Danell Issa, Comm. Oversight Gov't Reform). The Honorable John Koskinen September 2014 initial disclosure Congress, the agency noted that had "[c]onfirmed that back-up tapes from 2011 longer exist because they have been recycled."On June 20, 2014, during sworn testimony before the House Ways and Means Committee, you similarly testified that the IRS "confirmed" that the agency longer possessed back-up tapes. You testified: light the hard-drive issue, the IRS took multiple steps over the past months assess the situation and produce much email possible for which Ms. Lerner was author recipient. retraced the collection process for her emails. located, processed and included email from umelated 2011 data collection for Ms. Lerner. confirmed that backup tapes from 2011 longer existed because they have been recycled, pursuant the IRS normal policy. searched email from other custodians for material which Ms. Lerner appears author recipient. The revelation about the existence ofIRS exchange server drives only the latest information that contradicts the IRS's assertions. July 17, 2014, IRS attorney Thomas Kane testified during transcribed interview with Committee staff that "[t]here issue whether not ... all the backup recovery tapes were destroyed the 6-month retention schedule."Subsequently, the IRS Director Legislative Affairs, Leonard Oursler, confirmed this new information, testifying during transcribed interview that became aware the existence back-up tapes around July 2014.The Committee also learned that TIGTA has identified many nine back-up tapes that were not overwritten the IRS. Information made public the watchdog group, Judicial Watch, casts further doubt the IRS's assertions that back-up tapes not exist. According the group, the Justice Department recently disclosed during routine conversation about discovery Judicial Watch's Freedom Information Act lawsuit against the IRS that the destroyed e-mails were backed part the federal government's Continuity Government program.Judicial Watch explained: Department Justice attorneys for the Internal Revenue Service told Judicial Watch Friday that Lois Lerner's emails, indeed all government computer records, are backed the federal government case government-wide catastrophe. The Obama administration attorneys said that this back-up system would too onerous search. Id. "Recent Developments the Committee's Investigation into the internal Revenue Service's Use Inappropriate Criteria Process Applications Tax-Exempt Organizations": Hearing before the Comm. Ways Means, 13th Cong. (2014) (statement John Koskinen, IRS Commissioner) (emphasis added). Transcribed interview Thomas Kane, Internal Revenue Service, Wash., D.C. (July 17, 2014). Transcribed interview Leonard Oursler, Internal Revenue Serv., Wash., D.C. (July 22, 2014). Conference call between Treasury Inspector Gen. for Tax Admin. and Congressional Staff (July 29, 2014). Press Release, Judicial Watch, Judicial Watch Statement Discovery Backups for "Missing" Lois Lerner IRS Emails (Aug. 25, 2014). id. The Honorable John Koskinen September 2014 Page Moreover, further information indicates that additional e-mails may have been lost during the relevant period. According custodians -out 118 total -experienced computer issues, and least eight custodians may have lost e-mails during the period under investigation. addition, according declaration filed Judicial Watch's lawsuit, the IRS admitted that "wiped clean" Ms. Lerner's blackberry June 2012-months after Committee staff questioned Ms. Lerner about allegations that the IRS was targeting conservative groups and after Chairman Issa and wrote her about these allegations. TIGT has stated that second blackberry belonging Ms. Lerner was destroyed November 2010. light the inconsistent and ever-changing information about the existence IRS back-up tapes and other media that could contain Lois Lerner's destroyed e-mails, ask that you provide the information below advance your testimony better inform Members the Subcommittee. Please provide this information soon possible but later than :00 p.m. September 12, 2014. Please explain whether IRS back-up tapes from the period around June 2011 currently ist. Please quantify how many IRS back-up tapes from the period around June 2011 currently exist. Please explain whether the IRS maintains separate electronic back-up system for IRS records part Continuity Government program. Please explain whether any IRS e-mails electronic records are maintained any manner part Continuity Govermnent program. Please explain whether the IRS searched exchange server drives during the IRS's fourmonth-long process from February 2014 June 2014 attempting recover Lois Lerner's destroyed e-mails. Please explain whether the IRS searched exchange server drives for any documents communications responsive the Committee's subpoenas August 2013, February 14, 2014, and June 17, 2014. Please provide list all custodians whose e-mail accounts were searched for documents communications responsive the Committee's subpoenas August 2013, February 14, 2014, and June 17, 2014. Conference call between Treasury Inspector Gen. for Tax Admin. and Congres sional Staff (Sept. 2014). Declaration Thomas Kane, Judicial Watch, Inc. Internal Revenue Serv., 3-cv-1559-egs (D.D.C. filed Aug. 22, 2014). See Letter from Darrell Issa Jim Jordan, Comm. Oversight Gov't Reform, Lois Lerner, Internal Revenue Serv. (Mar. 27, 2012); Briefing Lois Lerner, Internal Revenue Serv., Committee staff (Feb. 24, 2012). Conference call between Treasury Inspector Gen. for Tax Admin. and Congressional Staff(Sept. 2014). The Honorable Jolm Koskinen September 2014 Please provide list all search terms used identify all documents communications responsive the Committee's subpoenas August 2013, February 14, 2014, and June 17, 2014. The Committee Oversight and Government Reform the principal oversight committee the House Representatives and may "any time" investigate "any matter" set forth House Rule You should prepared provide five-minute opening statement and answer questions posed Members. The enclosed Witness Instruction Sheet provides information for witnesses appearing before the Committee. particular, please note the procedures for submitting written testimony least two business days prior the hearing. you have any questions about this request, please contact Committee Staff (202) 225-5074. Thank you for your attention this matter. Economic Growth, Job Creation and Regulatory Affairs Enclosure cc: The Honorable Matthew Cartwright, Ranking Minority Member Subcommittee Economic Growth, Job Creation and Regulatory Affairs Witness Instruction Sheet The following are pertinent rules and procedures applicable witness testifying before the Committee Oversight and Government Reform. The witness should prepare written testimony and provide short biographical summary. These Considering printing costs, The witness should print copies the written testimony and staple copy the biographical summary behind each copy the written testimony. These packets should delivered Sarah Vance 2157 Rayburn House Office Building. Please not send the packets U.S. Mail, UPS, Federal Express, other shippers. Such packages are processed through offsite security facility and will arrive 7-10 days late. the hearing, the witness will asked summarize his her written testimony five minutes less order maximize the time available for discussion and questions. However, the written testimony may extend any reasonable length. the conclusion the hearing, the witness' written testimony and biographical summary will posted the Committee's website. The documents will also entered into the hearing record. Therefore recommended that personally identifiable information, such addresses and phone numbers, not included. The Committee does not provide financial reimbursement for witness travel accommodations. However, witness with extenuating circumstances may submit written request for such reimbursements Robin Butler, Financial Administrator, 2157 Rayburn House Office Building, least one week prior the hearing. Reimbursements will not made without prior approval. witness with disability should contact Committee staff arrange any necessary accommodations. The Committee Oversight and Government Reform the principal oversight committee the U.S. House Representatives. The jurisdiction the Committee set forth the House Rules clauses l(m), and Committee Rules governing this hearing are online For inquiries regarding these rnles and procedures, please contact the Committee Oversight and Government Reform (202) 225-5074. Id.