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Are Lois Lerner’s Emails Really Lost?

I wrote on Friday how the IRS, after a full year of stonewalling, sent a letter to Dave Camp, chairman of the House Ways and Means Committee, saying that a vast trove of emails between Lois Lerner and government agencies outside the IRS, including the White House, had been lost thanks to a hard drive crash on her computer. Friday afternoons, of course, are when people who want something to go unnoticed make a public announcement about it.

This did not go unnoticed, however. As you can see from the TaxProfBlog, which has been covering the unfolding IRS scandal like a glove, all the major news outlets ran stories on it, even such liberal bastions as ABC News and the Huffington Post. Its similarity to the event that radically shifted public opinion about Watergate—the conveniently missing 18 1/2 minutes of tape—was just too strong. However, the New York Times, ever increasingly the public-relations arm of the Obama administration, has run nothing whatever in the print editions and, indeed, the only mention of it whatsoever was on a blog on the Times website that quotes what other op-ed pages are saying, a one-paragraph overview of the conservative Washington Examiner’s editorial. The Washington Post did not do a story of its own, settling for AP coverage about a potentially huge story taking place in its own backyard. Both of these legendary American newspapers are going to be severely embarrassed if this turns into a major scandal, as it well may.

The reason it may is because there are very good reasons to doubt the idea that these emails are irretrievably lost due to a simple crash of a personal computer’s hard drive.  For one thing, downloading an email from an email server does not cause the email to be deleted from the server itself. And a lawyer in the Department of Justice, who understandably wishes to be anonymous, reports that government email servers are automatically backed up every night. So both Lerner’s computer and the email server would have had to crash for these emails to have been lost. That would be some coincidence.

John Hinderaker at Power Line has a great deal of experience in accessing emails in the course of legal discovery. He’s blunt: “The Obama administration is lying, and lying in a remarkably transparent way.” He points out that even if the email server were erased after a period of time, the IRS has elaborate protocols for the permanent storage of all electronic communications. Hinderaker also notes that even if a hard drive crashes, the information stored on it can usually be recovered. He politely offers to help:

One more thing: if it were true that the only copies of many thousands of emails existed on Lois Lerner’s desktop computer–which is certainly not true–and that computer’s hard drive crashed in 2011, the emails would in all probability be recoverable. Even if Lerner threw her computer into a lake, which has been known to happen. One of the world’s most famous data recovery firms is located here in the Twin Cities, and I would be happy to send Barack Obama the name and phone number of a person who, in all likelihood, could recover Lerner’s “lost” emails from her supposedly crashed hard drive. Even if the computer has been lying at the bottom of a lake since 2011.

Fox and Friends this morning reported that in addition to nightly email backups and permanent storage on another medium, IRS regulations require individuals to make paper backups of anything that falls under the rubric of a “federal record.”

The administration is desperately hoping that by making this public on a summer Friday afternoon, it will all have blown over by Monday morning, especially with the onrush of other news stories, such as the gathering debacle in Iraq, and the latter-day children’s crusade on our southern border. I doubt that will happen. I think enough elements of the media smell blood. If the Obama administration is caught in a bald-faced lie here, its political support might well collapse, just as Nixon’s did in the fall of 1973. That would sell a lot of newspapers.


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