"Do you believe in the Easter Bunny? Do you
believe in Santa Claus? Do you believe that Lois Lerner's emails just suddenly
went poof?" Those are the words
of CNN’s John King stating his skepticism of recent claims
by the IRS that all e-mails sent to and from disgraced IRS official Lois Lerner
between January 2009 and April 2011 were deleted as the result of a “computer
crash.”
After revelations that the IRS led targeted
audits of conservative political groups, the IRS inspector general issued a report
that examined the, “timeline . . . during the period for which all of Lerner’s
e-mails were ‘lost,’ and these 16 instances refer to ‘e-mail’ as the source for
information on that event.” Information relevant to the completeness of this
investigation was forever lost after the deletion of Lerner’s e-mails. Furthermore,
the White House waited
a full year to inform Congress of the missing e-mails.
John Fund, National Review Columnist
and featured speaker at this year’s National
Election Law Seminar, calls these claims a sort of “IRS server ate the
e-mails” excuse.
As Fund wrote
for the National Review, “a growing number of
computer professionals are stepping forward to say that none of this makes
sense.” Citing two credible IT experts, there are at least three ways of retrieving
such e-mails. And even in the case of “catastrophic mechanical failure,” the “FBI
should be able to recover something.”
Fund asserts that Attorney General
Eric Holder will not appoint an independent prosecutor because of his history,
“blocking the appointment of any new special prosecutors for various Clinton
scandals. Holder himself has mastered the art of withholding documents from
Congress.” Fund recently co-authored a book about Holder with Hans von
Spakovsky entitled Obama’s
Enforcer: Eric Holder’s Justice Department.
Fund doubts
this series of events was any coincidence. “It is well known in legal and IT
circles that failure to preserve e-mails can lead to a court ruling of ‘spoliation
of evidence.’ That means a judge or jury is then instructed to treat deletions
as if they were deliberate destruction of incriminating evidence.” Comparing
Lerner’s missing e-mails with Nixon’s missing 18 ½ minutes of missing oval
office audio, Fund notes an apparent effort to conceal evidence on behalf of
Lerner.
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