Michael Gaynor
Ominous news for Obama administration: Judge Sullivan may be its Judge Sirica
FacebookTwitter
By Michael Gaynor
August 28, 2014

"It is almost always the cover-up rather than the event that causes trouble."

When President Obama declared last Super Bowl Sunday that there was "not even a smidgeon of corruption" at the Internal Revenue Service, he gave his personal Good Housekeeping Seal of Approval to it and especially vouched for Lois Lerner, the key figure in the IRS scandal over the treatment of tax exemption applications.

To vouch is "to give personal assurances; give a guarantee" (www.thefreedictionary.com/vouching).

Team Obama predictably blamed conspiracy theorists for the idea that something was amiss at the IRS.

To date, no evidence has surfaced that President Obama personally ordered discriminatory treatment of tax exemption applications to promote his reelection and punish perceived political enemies.

But, as the late Howard Baker put it, "It is almost always the cover-up rather than the event that causes trouble."

Will President Obama's sweeping assurance cause him trouble now?

Not only is it now known that the assertion that the Lerner email was lost is false, but also that her Blackberry was wiped clean AFTER Congressional investigation began.

New York Observer's Sidney Powell (http://observer.com/2014/08/irs-shocker-filing-reveals-lerner-blackberry-destroyed/):

"The IRS filing in federal Judge Emmet Sullivan's court reveals shocking new information. The IRS destroyed Lerner's Blackberry AFTER it knew her computer had crashed and after a Congressional inquiry was well underway. As an IRS official declared under the penalty of perjury, the destroyed Blackberry would have contained the same emails (both sent and received) as Lois Lerner's hard drive."

Powell continued:

"Judge Sullivan has had to pry information from the IRS to learn anything about Ms. Lerner's Blackberry. Now, with these latest revelations, I'm confident he's not finished.

"In two elusive and nebulous sworn declarations, we can glean that Ms. Lerner had two Blackberries. One was issued to her on November 12, 2009. According to a sworn declaration, this is the Blackberry that contained all the emails (both sent and received) that would have been in her 'Outlook' and drafts that never were sent from her Blackberry during the relevant time.

"With incredible disregard for the law and the Congressional inquiry, the IRS admits that this Blackberry 'was removed or wiped clean of any sensitive or proprietary information and removed as scrap for disposal in June 2012.' This is a year after her hard drive 'crash' and months after the Congressional inquiry began.

"The IRS did not even attempt to retrieve that data. It cavalierly recites: 'There is no record of any attempt by any IRS IT employee to recover data from any Blackberry device assigned to Lois Lerner in response to the Congressional investigations or this investigation,' according to Stephen Manning, Deputy Chief Information Officer for Strategy & Modernization.

"Lerner was issued another Blackberry for Valentine's Day 2012 – also after she came under fire for her targeting of conservative groups. The IRS still has that Blackberry. It's now in the possession of the Inspector General of the Treasury, but the new device would not have the data from the prior three years. That was most likely the point of getting the new device."

Powell opined:

"This most recent revelation of destruction of evidence and refusal to retain data and documents despite a Congressional inquiry is beyond outrageous. It screams of guilt and creates a presumption in the law that the evidence would prove what those who were targeted and harassed claim. Judge Sullivan, like most Americans, wants the 'missing' emails that we all know are there somewhere.

"Aside from the fact the IRS was required to keep hard copies, we now know they should exist on Blackberry servers as well as Google and perhaps others. Indeed, the Department of Justice has disclosed that they all should be on a government server – as we suspected."

As for possible "ghost" email accounts, Powell explained:

"The IRS should be able to determine, or Judge Sullivan can, whether any of the officials whose emails are missing used personal accounts or other names for business emails they didn't want going through the federal system even though they were required to do so."

Powell concluded:

"One thing is clear: the IRS has no interest in recovering the emails. It has deliberately destroyed evidence and another direct source of the emails it claims were 'lost.' It has been blatantly negligent if not criminal in failing to preserve evidence and destroying it instead.

"Don't be surprised if Judge Sullivan decides it's time to order production of everything on that Blackberry, issue subpoenas to third party servers including Blackberry for the dates covered by the Blackberry the IRS destroyed, unleash Judge Facciola, allow Judicial Watch more discovery, prohibit the IRS from destroying anything else, and start a list of lawyers who would make a good special prosecutor."

Noah Rothman, in "IRS now claims Lois Lerner's emails not really missing, just really hard to find" (http://hotair.com/archives/2014/08/26/irs-now-claims-lois-lerners-emails-not-really-missing-just-really-hard-to-find/):

"In June, the White House suggested that the Republican-backed probes into the IRS's behavior amounted to little more than the servicing of their paranoid 'conspiracy theories.' Increasingly, though, tax agency officials appear to have been involved in a something closer to a genuine plot to hide evidence of wrongdoing from the public.

"And those Democrats who continue to defend this agency out of some misguided sense of loyalty toward the president will find themselves in an increasingly untenable position. Those smart enough to read the writing on the wall see that. The dam is about to burst."

Wikipedia (http://en.wikipedia.org/wiki/John_Sirica):

"John Joseph Sirica (March 19, 1904 – August 14, 1992) was the Chief Judge for the United States District Court for the District of Columbia, where he became famous for his role in the Watergate scandal. He rose to national prominence during the Watergate scandal when he ordered President Richard Nixon to turn over his recordings of White House conversations.

"Sirica's involvement in the case began when he presided over the trial of the Watergate burglars. He did not believe the claim that they had acted alone, and persuaded or coerced most of them to implicate the men who had arranged the break-in (G. Gordon Liddy remained silent). For his role in Watergate the judge was named TIME magazine's Man of the Year in 1973."

Judge Sullivan may turn out to be the Obama administration's Judge Sirica.

© Michael Gaynor

 

The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
(See RenewAmerica's publishing standards.)

Click to enlarge

Michael Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member... (more)

Subscribe

Receive future articles by Michael Gaynor: Click here

More by this author

August 7, 2023
Elections can be 'stolen' in many ways, and the 2020 U.S. presidential election is a 'perfect' example


April 11, 2023
'Politics ain't beanbag,' but investigation and prosecution of Donald Trump by rabid partisans must stop


January 16, 2023
Perhaps learning why the Pearl Harbor attack was a surprise in Hawaii but not in Washington can help us appreciate and learn from other federal government mistakes and move forward wisely


November 4, 2022
Free True the Vote's Catherine Engelbrecht and Gregg Phillips


October 3, 2022
Who Sabotaged the Nord Stream pipelines?


August 13, 2022
Mar-a-Lago raid shows Trump derangement syndrome has fortuitously worsened


July 5, 2022
From the Warren Court to Roberts Court to Thomas Court


May 21, 2022
Speaker Nancy Pelosi has been barred from receiving Holy Communion at last


November 19, 2021
Justice ultimately prevailed in the Kyle Rittenhouse case


September 1, 2021
Is Afghanistan President Biden's Waterloo, or America's, too?


More articles

 

Stephen Stone
HAPPY EASTER: A message to all who love our country and want to help save it!

Stephen Stone
The most egregious lies Evan McMullin and the media have told about Sen. Mike Lee

Siena Hoefling
Protect the Children: Update with VIDEO

Stephen Stone
Flashback: Dems' fake claim that Trump and Utah congressional hopeful Burgess Owens want 'renewed nuclear testing' blows up when examined

Peter Lemiska
Last chance to save the soul of the nation

Linda Goudsmit
CHAPTER 15: Conflict Theory and the Hegelian Dialectic

Michael Bresciani
The fine line between ignorance and idiocy

Jeff Lukens
Congressional spending goes full Weimar

Rev. Mark H. Creech
Scriptural sobriety: Rethinking wine in the Lord’s Supper

Cherie Zaslawsky
April 13th, 2024: Iran’s shocking dress rehearsal

Jerry Newcombe
Is America a 'failed historical model?'

Victor Sharpe
The current malignancy of America's Fourth Estate

Tom DeWeese
The University of Tennessee uses our taxes to advocate radical energy agenda. I took them to court!

Bonnie Chernin
Pro-abortion Republicans

Cliff Kincaid
Make Sodom and Gomorrah Great Again

Pete Riehm
The FISA debate misses the point again
  More columns

Cartoons


Click for full cartoon
More cartoons

Columnists

Matt C. Abbott
Chris Adamo
Russ J. Alan
Bonnie Alba
Chuck Baldwin
Kevin J. Banet
J. Matt Barber
Fr. Tom Bartolomeo
. . .
[See more]

Sister sites