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by
Bryan Preston

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June 16, 2014 - 3:25 pm
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Hardly anyone accepts the IRS’ claim to have lost two years of Lois Lerner’s emails. Those most familiar with government record retention requirements, and the technology used, probably are the most skeptical.

The supposedly lost emails cover January 2009 to April 2011, the period when Lerner is suspected of targeting conservative groups with heightened and invasive scrutiny. Those emails also pertain to communications Lerner may have had with agencies other than the Internal Revenue Service. That’s key, because many suspect that the Obama White House knew about, and may have coordinated, the targeting. Democrats in Congress including Rep. Elijah Cummings are also under suspicion because they publicly called for the IRS to investigate conservative and Tea Party groups before the IRS did so. Email evidence linking Cummings to Lerner and a plan to have the FBI investigate True the Vote, the Texas-based election integrity group that was targeted by the IRS along with several other executive branch law enforcement agencies, surfaced in April 2014.

A former IRS IT specialist is casting serious doubt on the IRS’ claim to have lost the Lerner emails.

This person worked at the IRS facility in New Carrollton, Maryland.

He worked on the agency’s Prime Systems Integration Services contract, or “Prime,” a contract inked between the IRS and Computer Sciences Corporation (CSC) in 1998 to modernize the IRS’ digital record-keeping system. CSC is the primary contractor, but other well-known companies including IBM, BearingPoint, Northrup Grumman, Unisys and Science Applications International Corp. (SAIC) are secondary players on the same contract.

The former IRS IT contractor finds it difficult to believe that the IRS could really have lost two years’ worth of Lois Lerner’s emails.

First, he points to the United States Code for government record retention. That code, 44 U.S.C. Chapter 33, governs what a government record is and requires that agencies must notify the Archivist of any records that are destroyed and the reasons for destroying them. The code was put into place after Iran-Contra to keep government workers and contractors from deleting records.

Section § 3309 states that records “pertaining to claims and demands by or against the Government of the United States or to accounts in which the Government of the United States is concerned, either as debtor or creditor, may not be disposed of by the head of an agency under authorization granted under this chapter, until the claims, demands, and accounts have been settled and adjusted in the General Accounting Office, except upon the written approval of the Comptroller General of the United States.”

“These environments were required by federal regulations to be redundant and recoverable,” the former IRS IT worker says. “The recoverability requirements were put into place for exactly the reasons we see today.” Disposal of records outside the statutory standards requires permission in writing.

He says that the IRS uses Microsoft Outlook/Exchange systems, which are backed up using Symantec NetBackup.

Comments are closed.

Top Rated Comments   
I am a tax lawyer, I deal with the IRS on a daily basis. I have personal knowledge that many-many of these people think the public is a bunch of Rubes and have no qualms about bald faced lying to anyone. I personally do not trust anything anyone at IRS tells me until I see it in writing. From my perspective, it is completely consistent with the attitude, mentality and culture of the IRS that they would lie about losing Lois Learner's email in a hard drive crash. I believe it is also inconceivable that the emails are not easily found in a back up file somewhere.

The most important thing about the emails is that those emails will incriminate someone but will also exculpate others. Those others have a vested interest in making sure those emails are available. In other words, the emails will show who was involved, AND show who was not involved. The NOT involved will make sure the emails survive to prove their non-involvement.
13 weeks ago
13 weeks ago Link To Comment
Those emails do still exist somewhere. There is no way in hell that the originating computer crashing a hard disc can wipe out all of those emails. Think about it - LL sends an email to Obama - that email exists on LL's computer in the 'sent' folder - and on Obama's computer in his 'in' box. A copy is made by the ISP (in this case the government) and is backed up daily. LL sent many emails to many people - did all of those 'in' boxes automatically explode when LL's computer crashed?

No way - no how!

If the IRS 'scandal' that our corrupt prez said was lacking a 'smidgen' of corruption wasn't a criminal case then it certainly is now. I worked in IT many years ago - we did backup after backup. The importance of a known good backup was of paramount importance.

Our current government in DC is thoroughly corrupt - that much is apparent to any thinking American - if congressional inquiries cannot get to the bottom of this mess and put these corrupt people in jail then its time for We The People to clean out the 'swamp' that is DC - democrat and republican - clean them all out! Pitch forks and axes - guns and bows and arrows - whatever it takes!

Personally I am fed up with all this crap. FED UP!

13 weeks ago
13 weeks ago Link To Comment
No one with a tenth of an ounce of computer knowledge believes in that bunch of crock.

I bet everyone's income info does not get lost that easy, uh?
13 weeks ago
13 weeks ago Link To Comment
All Comments   (57)
All Comments   (57)
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Apologies. The link in my comment below was the Senate votes for H.R 2676. The House (and Pelosi) votes are here: http://tinyurl.com/nogzslg
13 weeks ago
13 weeks ago Link To Comment
It was H.R. 2676 (105th) bill that paid for the Internal Revenue Service Restructuring and Reform Act of 1998. You can find Pelosis' YES vote here http://tinyurl.com/khnu2uo for the Bill that was supposed to 'reform' and modernize the IRS computer system. They spent more than 10 Billion tax dollars over 15 years on the Computer Sciences Corporation contract before canning them.
13 weeks ago
13 weeks ago Link To Comment
Ask the NSA, I'm sure they have them.
13 weeks ago
13 weeks ago Link To Comment
It's time to get REALLY nasty. Cut funding for the entire executive branch of the government, and don't restore it until everyone learns to cooperate with the other two branches OR LOSE THEIR JOBS. If John Boehner won't do that, get someone in as house leader who WILL. Congress holds the high cards -- funding. Obama cannot go around them on that with an executive order. He'd either have to do something that no one could sweep under a rug, or he'd have to give in. It's time Congress acted.
13 weeks ago
13 weeks ago Link To Comment
Wont work. Obama will close all the national parks and monuments, stop all the SS checks, and the citizen outcry will force the house to cave, just like in the shutdown. Gov by shutdown has allowed Obama to hold the popular parts of gov hostage, to protect the unpopular parts. The only way it could work is if the house passed a bill funding only the popular parts of gov, and when the dem senate and Obama stopped it, the MSM and the people end up correctly blaming Obama/Reid instead of the repubs, but that will not happen either. Too many people in the country are clueless to reality, and beleive the lies of the MSM and the dems.
13 weeks ago
13 weeks ago Link To Comment
I'll forgive Lois and the IRS for losing their emails, if they forgive me for losing their audit notice...what? It doesn't work both ways?...
13 weeks ago
13 weeks ago Link To Comment
Time to go bare-knuckled with a special prosecutor. Also, put Lerner in the House jail. It was okay to try and get Holder to do something, but he won't. The Obama admin and the IRS are in full, open panic. We can smell the bleach they used to scrub the crime.

I'm a VP-level IT exec with decades of hands-on and management experience with email systems. Those emails are on a raid array on the server, on the local computers, on backup volumes (as drives or tapes), or on the recipient client computer or recipient server or recipient backup systems. Or the NSA has it ALL. The emails are in any one of dozens of places. Her drive can be rescued, unless of course she beat it with a hammer and dipped it in acid.

If these IRS staffers / criminals have smartphones or tablets with an Outlook client, check the email cache. Check the local caches of terminals, desktops, and laptops. Any device used by these jackals. Reverse-reconstruction is perfectly feasible - ASSUMING SYS-ADMINS ACROSS THE DEPARTMENTS COOPERATE WITH THE LAW.

Getting a corpus of emails to/from one Active-Directory account in a Microsoft Exchange environment is ACADEMIC. It takes MINUTES. If you have to pull a backup, or do other less conventional measures - it might take hours or days, but a YEAR? This is insane.

There's also server admin logs to check for all the fingerprints that a scrub-mission like this would leave. Unless these hacks had help from the NSA, FBI, etc. those server logs will sing!

They claim to have spent $10 million on this effort? That's the amount of money it would cost to make a very robust Obamacare website - in ONE YEAR - if competent developers and managers were used. What on earth did they spend $10 Million doing?

This scandal tears it. If we don't chase down every cancerous tendril of this crime and eliminate every person who helped or stayed mum despite personal knowledge of the abuse of power, uncivil unrest will ensue.
13 weeks ago
13 weeks ago Link To Comment
Unfortunately a special prosecutor requires the concurrance of holder, fat chance of that happening. Basically once you have a completely lawless prez, backed up by a lawless AG, and enough loyal dems in the senate so impeachment will fail, not much can really be done. The only real way to punish Obama is the same way the country punished Bush in 2006-2008, send his party to electoral oblivion in 2014-2016, until Obamas own party curses his name.
13 weeks ago
13 weeks ago Link To Comment
The info in these emais must be devasting to the White House otherwise why are they trying and lying so hard to prevent their disclousure.
13 weeks ago
13 weeks ago Link To Comment
It really makes NO difference whether her computer crashed or not. The LAW is that ALL emails MUST BE HARD-COPIED for reference files. What happened to those hard copies? Yeah, right, "Oh, a flood washed them away." A flood needs to wash ALL of DC away.
13 weeks ago
13 weeks ago Link To Comment
Another avenue: It's not essential to recover the emails from the sender's organization. Issa can subpoena DOJ (and White House staff, the Obama campaign, and even Elijah Cummings?) to turn over all emails FROM Lois Lerner.
13 weeks ago
13 weeks ago Link To Comment
I can't help but think that this "scandal" will ultimately go the way of every one of Obama's "scandals." Nobody will do anything about it, only conservatives will remember it, and the world will keep turning left.
13 weeks ago
13 weeks ago Link To Comment
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