JULY 17, 2017
Internal Watchdog Found Records Went Missing
(Washington, DC) – Judicial Watch President Tom Fitton issued the following statement in response to a July 13 Treasury Inspector General for Tax Administration report, which finds the Internal Revenue Service’s (IRS) records management practice resulted in lost records and incomplete IRS responses to Freedom of Information Act (FOIA) requests and congressional inquiries.
This new report is shocking but not surprising. We have long battled the IRS in court over its obstruction in responding to FOIA requests about Obama era IRS abuses. It is a scandal that the Obama IRS did not tell Judicial Watch, the courts, or Congress about the loss of government records. Our attorneys will review this report to assess whether we should seek relief and accountability from the courts. In the meantime, President Trump should finally fire IRS Commissioner John Koskinen and direct the Justice Department to reopen its criminal inquiry into the Obama IRS abuses and cover-ups.
In April, Judicial Watch filed a Freedom of Information Act (FOIA) lawsuit against the IRS to obtain records relating to the agency’s “preservation and/or retention” of the email records of officials who have left the agency since January 2010. (Judicial Watch v. Internal Revenue Service (No.1:17-cv-00596)).
Judicial Watch’s litigation forced the IRS first to say that emails belonging to Lois Lerner, former director of the Exempt Organizations Unit of the IRS, were supposedly missing and later declare to the court that the emails were on IRS back-up systems. Lerner was one of the top officials responsible for the IRS’ targeting of President Obama’s political opponents. Judicial Watch exposed various IRS’ record keeping problems:
- In June 2014, the IRS claimed to have “lost” responsive emails belonging to Lerner and other IRS officials.
- In July 2014 Judge Emmett Sullivan ordered the IRS to submit to the court a written declaration under oath about what happened to Lerner’s “lost” emails. The sworn declarations proved to be less than forthcoming.
- In August 2014, Department of Justice attorneys for the IRS finally admitted Judicial Watch that Lerner’s emails, indeed all government computer records, are backed up by the federal government in case of a government-wide catastrophe. The IRS’ attorneys also disclosed that Treasury Inspector General for Tax Administration (TIGTA) was looking at several of these backup tapes.
- In November 2014, the IRS told the court it had failed to search any of the IRS standard computer systems for the “missing” emails of Lerner and other IRS officials.
- On February 26, 2015, TIGTA officials testified to the House Oversight and Government Reform Committee that it had received 744 backup tapes containing emails sent and received by Lerner. This testimony showed that the IRS had falsely represented to both Congress, Judge Sullivan, and Judicial Watch that Lerner’s emails were irretrievably lost. The testimony also revealed that IRS officials responsible for responding to the document requests never asked for the backup tapes and that 424 backup tapes containing Lerner’s emails had been destroyed during the pendency of Judicial Watch’s lawsuit and Congressional investigations.
- In June 2015, Judicial Watch forced the IRS to admit in a court filing that it was in possession of 6,400 “newly discovered” Lerner emails. Judge Emmet Sullivan’s ordered the IRS to provide answers on the status of the Lerner emails the IRS had previously declared lost. Judicial Watch raised questions about the IRS’ handling of the missing emails issue in a court filing, demanding answers about Lerner’s emails that had been recovered from the backup tapes.
- In July 2015, U.S District Court Judge Emmet Sullivan threatened to hold John Koskinen, the commissioner of the Internal Revenue Service, and Justice Department attorneys in contempt of court after the IRS failed to produce status reports and recovered Lerner emails, as he had ordered on July 1, 2015.