Sharyl Attkisson has a set of questions that someone in congress or within the Justice department should be directing toward the IRS after Friday’s announcement that, oopsie, we kinda sorta lost those Lois Lerner emails you were interested in reading:
- Please provide a timeline of the crash and documentation covering when it was first discovered and by whom; when, how and by whom it was learned that materials were lost; the official documentation reporting the crash and federal data loss; documentation reflecting all attempts to recover the materials; and the remediation records documenting the fix. This material should include the names of all officials and technicians involved, as well as all internal communications about the matter.
- Please provide all documents and emails that refer to the crash from the time that it happened through the IRS’ disclosure to Congress Friday that it had occurred.
- Please provide the documents that show the computer crash and lost data were appropriately reported to the required entities including any contractor servicing the IRS. If the incident was not reported, please explain why.
- Please provide a list summarizing what other data was irretrievably lost in the computer crash. If the loss involved any personal data, was the loss disclosed to those impacted? If not, why?
- Please provide documentation reflecting any security analyses done to assess the impact of the crash and lost materials. If such analyses were not performed, why not?
- Please provide documentation showing the steps taken to recover the material, and the names of all technicians who attempted the recovery.
- Please explain why redundancies required for federal systems were either not used or were not effective in restoring the lost materials, and provide documentation showing how this shortfall has been remediated.
- Please provide any documents reflecting an investigation into how the crash resulted in the irretrievable loss of federal data and what factors were found to be responsible for the existence of this situation.
- I would also ask for those who discovered and reported the crash to testify under oath, as well as any officials who reported the materials as having been irretrievably lost.
Losing an ordinary email archive happens now and again. Losing an email archive that is the focus of some fascinating questions about the IRS being used as a partisan oppression device against political opponents? That will take a lot of explaining away, as it’s just too convenient and the timing is highly suspicious. What is even more interesting is that the IRS hinted that since they can’t find those emails, they’re thinking of abandoning the investigation. So, clearly there’s nothing to see here and we should all just move along now.
Update: This seems relevant.
Update, 17 June: Megan McArdle assesses whether this “innocent” explanation is plausible.
In short, yes, there is an innocent explanation: An accident combined with a really bad e-mail storage policy to wipe out critical records. There’s also a semi-innocent explanation, where really bad storage policy could have enabled Lerner to arrange a hard drive accident that destroyed incriminating e-mails before she had to respond to Camp’s initial letter. I find the innocent explanation much more plausible than a conspiracy, or even the semi-innocent explanation — even assuming that she was conspiring with the White House, why bother with the elaborate schemes when you could just send your incriminating e-mails from an outside account?
But that still leaves me really concerned about the terrible policy decisions. The timing of the data loss is incredibly suspicious, and the IRS has left itself completely unable to answer those suspicions with anything better than a shrug. It should expect — in fact, it should request — a thorough outside investigation of this incident, but even the most scrupulous audit will not be able to entirely quell the worry that the IRS enabled a rogue agent to get away with destroying evidence.
To believe the IRS requires a pretty low opinion of government competence. My friends who work in regulated sectors such as finance are outraged by the IRS’s description of how it was running its backup process, because the government subjects them to constantly ratcheting standards for document retention — specifying how long, and on what format, they have to keep every communication ever generated by their firms. How dare they demand higher standards of regulated companies than they do of the regulators?
In 2014, every government agency should be storing every e-mail that goes in or out in an easily accessible format. That they weren’t bothering suggests that the IRS does not expect to deliver the kind of accountability that it routinely demands of taxpayers. That’s potentially a much bigger problem than anything Lois Lerner stands accused of — and it should be rectified, government-wide, with all due speed.
A few minutes later, Megan sent out this Twitter update:
