Silver Spring MD Wrongful Termination Law Blog

Finally, some justice on the IRS email destruction relating to Lois Lerner. Federal Judge, Emmet G. Sullivan, issued the following order today with respect to a Freedom of Information Case brought by Judicial Watch against the IRS. 

MINUTE ORDER. For the reasons stated by the Court on the record during the status hearing on July 10, 2014, Defendant IRS is hereby ORDERED to file a sworn Declaration, by an official with the authority to speak under oath for the Agency, by no later than August 11, 2014. In this Declaration, the IRS must: (1) explain the facts and circumstances surrounding the "crash" of Lois Lerner's hard drive in 2011, including information about any recovery and restoration efforts of that hard drive that have taken place to date; (2) provide information about efforts to produce relevant information lost from the "crash" of Ms. Lerner's hard drive in response to Plaintiff's FOIA requests; and (3) provide information regarding the scope of the ongoing investigation by the Inspector General of the Treasury relating to the hard drive "crash," and any potential impact that investigation may have on the ability of Defendant to produce documents responsive to Plaintiff's FOIA request. It is by the Court FURTHER ORDERED that this case is referred to Magistrate Judge John M. Facciola until September 10, 2014 so that the parties may meet and confer to discuss efforts relating to the IRS's efforts to produce information lost on Ms. Lerner's computer from other sources. It is by the Court FURTHER ORDERED that at the close of the meet and confer period, the parties are to file a joint status report, including a recommendation for further proceedings, by no later than September 24, 2014. If the parties are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. SO ORDERED. Signed by Judge Emmet G. Sullivan on July 10, 2014. (lcegs1) (Entered: 07/10/2014)

I predict that an interesting legal battle will develop between the IRS who will attempt to evade this order versus a very tough, no nonsense Federal Judge. The IRS will file a declaration not completely responsive to the order, followed by several rounds of litigation. In the end, this Judge will take serious action to uncover what pretty much everyone knows: Ms. Lerner purposely destroyed these emails. I also predict that this Judge will either sanction or publish a minute order threatening sanctions on several of the U.S. Attorneys defending the IRS for allowing their client to play games with his order.