A federal judge on Thursday ordered the IRS to explain under oath how it lost emails connected to Lois Lerner, the former IRS official at the center of the tea party targeting scandal.
The action is the latest in conservative group Judicial Watch’s bid to discover more on the missing emails after the group won a Freedom of Information Act lawsuit against the IRS.
The revelation last month that Lerner’s and potentially other tax officials’ emails are lost after computer crashes has revived the year-plus long controversy over added scrutiny the agency gave to tea party groups seeking nonprofit status. Republicans suspect Lerner blitzed her own computer, while Democrats say it is all a wild goose chase.
Judge Emmet Sullivan gave the government 30 days, until Aug. 10, to file a declaration signed by “appropriate” IRS officials under oath — sworn to be the truth under penalty of perjury — addressing the lost emails. The judge said the declaration, which should also include ways to recover the emails, will help inform the court about whether there is a need for limited discovery as requested by conservative watchdog Judicial Watch.
(Also on POLITICO: Issa: Lerner's 'smoking gun' email)
In addition to the written declaration, the judge also ordered that the government and Judicial Watch meet with Magistrate Judge John Facciola until Sept. 10 to discuss how the IRS can possibly obtain or recover the lost emails and documents from other sources. Judicial Watch is seeking information on what kinds of efforts the IRS has gone to in order to recover the lost information as well as how the agency is identifying additional sources, such as Lerner’s assistant, to try to find them.
Judicial Watch has had success using FOIA to get emails in other controversies, including the killings in Benghazi.
Following the judge’s order, Judicial Watch President Tom Fitton told reporters that it was “an extraordinary hearing” that shows Sullivan was “obviously interested on behalf of the public” in getting the IRS on the record about the emails. Fitton also said that appointing a magistrate as Sullivan did “rarely happens” in FOIA cases.
After the process with Facciola, Fitton said he is interested in limited discovery and then may ask for more testimony. The group is also looking at the new information concerning the use of in-office instant messaging as “another area of potential discussion with the government.”
(Also on POLITICO: Lerner warned against email chatter)
The IRS said it does not comment on pending litigation as a general rule.
During the hearing, Sullivan also sought information from the attorneys on investigations the government is conducting into the lost emails, asking if the Justice Department has requested that the FBI conduct an investigation.
Justice Department attorney Geoffrey Klimas told the court he does not know and hasn’t asked.
The judge also asked about the ongoing Treasury Inspector General probe into the lost emails, which Judicial Watch senior attorney Ramona Cotca said in court that the group had never heard of and later told reporters that the Justice Department did not inform them of.
IRS Commissioner John Koskinen has previously said in interviews, congressional testimony and a letter to Congress that the IRS watchdog was conducting a probe into the lost emails and that it will most likely be completed soon.
Sullivan said if the government contends the inspector general probe could be influenced by the requests in this case, it must provide that information under oath by the Aug. 10 deadline, as well.
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