[EL] missing IRS emails

Rick Hasen rhasen at law.uci.edu
Sun Jun 15 16:00:10 PDT 2014


In response to this controversy, Tom Edsall tweeted 
<https://twitter.com/Edsall/status/477964976561606656>out a link to this 
from 2007:

http://www.cnn.com/2007/POLITICS/04/13/white.house.email/index.html?eref=rss_topstories

(CNN) -- Millions of White House e-mails may be missing, White House 
spokeswoman Dana Perino acknowledged Friday.

"I wouldn't rule out that there were a potential 5 million e-mails 
lost," Perino told reporters.

The administration was already facing sharp questions about whether top 
presidential advisers including Karl Rove improperly used Republican 
National Committee e-mail that the White House said later disappeared.....



On 6/15/14, 2:55 PM, Jonathan Adler wrote:
>
> My jaw dropped over the latest IRS-Lerner story. Either the IRS lacks 
> a modern email server and has woefully outdated backup protocols, or 
> the IRS account is not remotely credible.
>
> On Jun 15, 2014 12:30 AM, "Rick Hasen" <rhasen at law.uci.edu 
> <mailto:rhasen at law.uci.edu>> wrote:
>
>
>         “A Cantor Effect for Businesses and the G.O.P.”
>         <http://electionlawblog.org/?p=62374>
>
>     Posted on June 14, 2014 9:15 pm
>     <http://electionlawblog.org/?p=62374>by Rick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     NYT
>     <http://www.nytimes.com/2014/06/15/business/for-businesses-and-the-gop-a-cantor-effect.html?ref=politics>:
>
>         Mr. Cantor’s loss is much more than just symbolism. He has
>         been one of Wall Street’s most reliable benefactors in
>         Congress. And Mr. Brat used that fact to deride the majority
>         leader as someone who had rigged the financial system. In one
>         recent speech <https://www.youtube.com/watch?v=tg5zRKcWj68>,
>         he accused lawmakers like Mr. Cantor of favoring “special tax
>         credits to billionaires instead of taking care of us, the
>         normal folks.”
>
>         The majority leader stopped a provision — reviled by the
>         industry — in the Stock Act of 2012 that would have required
>         hedge funds to disclose more about how they gather
>         market-sensitive intelligence. He battled with conservative
>         lawmakers to extend the Terrorism Risk Insurance Act, a top
>         priority of the insurance industry, which has helped it
>         recover from losses after the Sept. 11 attacks. He helped
>         scuttle White House proposals to collect more taxes from
>         private equity
>         <http://topics.nytimes.com/top/reference/timestopics/subjects/p/private_equity/index.html?inline=nyt-classifier>
>         firms. His wife, Diana, has had a career in banking, working
>         for Goldman Sachs and New York Private Bank & Trust.
>
>         No industry was more generous to Mr. Cantor’s campaign than
>         financial services. The three largest contributors in this
>         election cycle, in which he collected $5.4 million, were
>         Goldman Sachs, the Blackstone Group and Scoggin Capital
>         Management.
>
>     Share
>     <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62374&title=%E2%80%9CA%20Cantor%20Effect%20for%20Businesses%20and%20the%20G.O.P.%E2%80%9D&description=>
>     Posted in campaign finance <http://electionlawblog.org/?cat=10>,
>     campaigns <http://electionlawblog.org/?cat=59>
>
>
>         “The Koch Cycle of Endless Cash”
>         <http://electionlawblog.org/?p=62372>
>
>     Posted on June 14, 2014 9:04 pm
>     <http://electionlawblog.org/?p=62372>by Rick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     NYT editorial.
>     <http://www.nytimes.com/2014/06/14/opinion/the-koch-cycle-of-endless-cash.html?partner=rssnyt&emc=rss>
>
>     Share
>     <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62372&title=%E2%80%9CThe%20Koch%20Cycle%20of%20Endless%20Cash%E2%80%9D&description=>
>     Posted in campaign finance <http://electionlawblog.org/?cat=10>
>
>
>         “IRS lost emails by official in tea party probe”
>         <http://electionlawblog.org/?p=62370>
>
>     Posted on June 14, 2014 9:01 pm
>     <http://electionlawblog.org/?p=62370>by Rick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     AP
>     <http://www.washingtonpost.com/politics/irs-lost-emails-by-official-in-tea-party-probe/2014/06/13/457c3b4c-f338-11e3-8d66-029598e98add_story.html?hpid=z3>:
>
>         The Internal Revenue Service said Friday it has lost a trove
>         of emails to and from a central figure in the agency’s tea
>         party controversy, sparking outrage from congressional
>         investigators who have been probing the agency for more than a
>         year.
>
>         The IRS told Congress Friday it cannot locate many of Lois
>         Lerner’s emails prior to 2011 because her computer crashed
>         during the summer of that year.
>
>     Ron Fornier: “
>     <http://www.nationaljournal.com/white-house/did-the-irs-really-lose-lois-lerner-s-emails-let-a-special-prosecutor-find-them-20140613>Did
>     The IRS Really Lose Lois Lerner’s Emails? Let a Special Prosecutor
>     Find Them”
>
>     Share
>     <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62370&title=%E2%80%9CIRS%20lost%20emails%20by%20official%20in%20tea%20party%20probe%E2%80%9D&description=>
>     Posted in campaign finance <http://electionlawblog.org/?cat=10>,
>     tax law and election law <http://electionlawblog.org/?cat=22>
>
>
>         “How to Take Out a Supreme Court Justice; When politicians
>         target elected judges with big money, the justice system
>         loses.” <http://electionlawblog.org/?p=62367>
>
>     Posted on June 13, 2014 8:06 pm
>     <http://electionlawblog.org/?p=62367>by Rick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Dahlia Lithwick writes
>     <http://www.slate.com/articles/news_and_politics/jurisprudence/2014/06/tennessee_supreme_court_justices_gary_wade_cornelia_clark_and_sharon_lee.html>
>     for /Slate./
>
>     Share
>     <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62367&title=%E2%80%9CHow%20to%20Take%20Out%20a%20Supreme%20Court%20Justice%3B%20When%20politicians%20target%20elected%20judges%20with%20big%20money%2C%20the%20justice%20system%20loses.%E2%80%9D&description=>
>     Posted in judicial elections <http://electionlawblog.org/?cat=19>
>
>
>         “Asymmetrical Polarization Undermined? Thoughts on the New Pew
>         Research Center’s Report on Political Polarization”
>         <http://electionlawblog.org/?p=62365>
>
>     Posted on June 13, 2014 3:40 pm
>     <http://electionlawblog.org/?p=62365>by Rick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Tom Mann blogs
>     <http://www.brookings.edu/blogs/fixgov/posts/2014/06/13-asymmetrical-polarization-undermined-pew-research-mann>at
>     Brookings’ FixGov blog.
>
>     Share
>     <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62365&title=%E2%80%9CAsymmetrical%20Polarization%20Undermined%3F%20Thoughts%20on%20the%20New%20Pew%20Research%20Center%E2%80%99s%20Report%20on%20Political%20Polarization%E2%80%9D&description=>
>     Posted in political parties <http://electionlawblog.org/?cat=25>,
>     political polarization <http://electionlawblog.org/?cat=68>
>
>
>         Teachout, Wu Mount All-Law Professor-Ticket for NY Governor
>         Against Cuomo <http://electionlawblog.org/?p=62363>
>
>     Posted on June 13, 2014 1:26 pm
>     <http://electionlawblog.org/?p=62363>by Rick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Election law prof Zephyr Teachout back in governor’s race,
>     <http://www.buzzfeed.com/jacobfischler/zephyr-teachout-challenges-andrew-cuomo>
>     joined by IP Prof Tim Wu as Lt. Governor’s candidate.
>
>     Share
>     <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62363&title=Teachout%2C%20Wu%20Mount%20All-Law%20Professor-Ticket%20for%20NY%20Governor%20Against%20Cuomo&description=>
>     Posted in campaigns <http://electionlawblog.org/?cat=59>
>
>
>         “Cuomo Has Raised Millions Through Loophole He Pledged to
>         Close” <http://electionlawblog.org/?p=62360>
>
>     Posted on June 13, 2014 12:56 pm
>     <http://electionlawblog.org/?p=62360>by Rick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     ProPublica
>     <http://www.propublica.org/article/cuomo-has-raised-millions-through-loophole-he-pledged-to-close>:
>
>         When he ran for office four years ago, New York Gov. Andrew M.
>         Cuomo pledged to close a loophole in the state’s campaign
>         finance regulations allowing corporations and individuals to
>         pour unlimited amounts of money into politics.
>
>         Instead, he’s become the loophole’s biggest beneficiary.
>
>          New York State forbids corporations from giving more than
>         $5,000 a year to candidates and political committees. But
>         limited liability companies—businesses that share attributes
>         of corporations and partnerships—are allowed to give up to
>         $60,800 to a statewide candidate per election cycle and up to
>         $150,000 a year to candidates and committees overall. What’s
>         more, corporations and individuals can set up an unlimited
>         number of LLCs through which to donate, making the caps
>         effectively meaningless.
>
>         Cuomo took contributions from LLCs while running for governor
>         in 2010, but said at the time that he was only accepting them
>         <http://www.wnyc.org/story/92116-llcs-and-llc-loophole/> so
>         that he could get elected and change the law. He has twice
>         proposed legislation that would eliminate the LLC exception,
>         most recently in his budget proposal
>         <http://www.propublica.org/documents/item/1194974-cuomos-executive-budget-2014.html#document/p25/a162605>
>         in January, but it hasn’t been enacted. He told reporters
>         Wednesday
>         <http://www.capitalnewyork.com/article/albany/2014/06/8547025/cuomo-not-overly-optimistic-about-end-legislative-session>
>         that there was little chance any campaign finance reforms
>         would pass before the legislative session ends next week.
>
>         Cuomo has accepted more than $6.2 million from LLCs in the
>         three and a half years since he took office, according to a
>         ProPublica analysis of state campaign finance filings. That’s
>         more than double the amount his two predecessors, Eliot
>         Spitzer and David Paterson, took in during their combined four
>         years in office. The contributions make up a sizeable chunk of
>         the $33 million Cuomo has reported raising
>         <http://www.nytimes.com/2014/01/16/nyregion/cuomo-has-raised-over-33-million-for-re-election-bid.html?_r=0>
>         for his re-election campaign. (The data reflects contributions
>         reported through mid-January, when candidates last filed
>         disclosure reports.)
>
>     Share
>     <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62360&title=%E2%80%9CCuomo%20Has%20Raised%20Millions%20Through%20Loophole%20He%20Pledged%20to%20Close%E2%80%9D&description=>
>     Posted in campaign finance <http://electionlawblog.org/?cat=10>
>
>
>         “The Role of Cities in National Popular Vote Elections”
>         <http://electionlawblog.org/?p=62358>
>
>     Posted on June 13, 2014 12:54 pm
>     <http://electionlawblog.org/?p=62358>by Rick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     FairVote
>     <http://www.fairvote.org/research-and-analysis/ra-reports/the-role-of-cities-in-national-popular-vote-elections/>:
>
>         This report challenges the argument that a national popular
>         vote for president would advantage Democratic or urban voters
>         in three ways. First, we demonstrate that urban areas, when
>         properly defined as metropolitan statistical areas (MSAs),
>         lean only modestly toward the Democratic Party. Using data
>         from the 2004 presidential election (the closest of the last
>         three presidential elections, in which Republican nominee
>         George W. Bush won with 51.2% of the two-party popular vote),
>         we show that: Democratic and Republican presidential nominees
>         are almost evenly supported in metropolitan areas: Bush won a
>         majority of MSAs; and the number of votes cast in the 100
>         largest cities proper and cast by voters living outside MSAs
>         were comparable.
>
>         Second, we address the premise of a potential Democratic
>         advantage in national popular vote elections due to the
>         possibility of them focusing resources on large cities. Using
>         data from the 2008 election (in which Democratic nominee
>         Barack Obama won with 53.7% of the two-party popular vote), we
>         show that even if the candidates were to focus their attention
>         heavily on the nation’s largest urban areas (the 21 MSA with
>         at least 2.5 million voters), thereby increasing their vote
>         shares there, they would still need to earn almost as many
>         votes in the rest of the nation in order to maintain their
>         original national popular vote share. Simply put, when every
>         vote is equal in a close election, candidates cannot afford to
>         ignore large portions of eligible voters.
>
>         Third, we review evidence from presidential and gubernatorial
>         elections to demonstrate how campaign strategy might work
>         under a national popular vote system. Today, when campaigning
>         to win the statewide popular vote in swing states,
>         presidential candidates campaign in urban, suburban, and rural
>         areas in proportion to those areas’ share of the swing state’s
>         vote. This strategy is similar to those in gubernatorial
>         elections, which Republicans are able to win in almost
>         every state. Republican candidates, like Democrats, are able
>         to earn votes across any state, demonstrating that in winning
>         statewide popular vote elections, successful candidates need
>         not, and do not, focus only on urban areas.
>
>         Our analysis confirms that the national popular vote has no
>         inherent partisan bias.  With charges of partisan bias so
>         effectively dismissed, it is time for both Democrats and
>         Republican to come together in support of a reform that would
>         make every vote equal.
>
>     Share
>     <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62358&title=%E2%80%9CThe%20Role%20of%20Cities%20in%20National%20Popular%20Vote%20Elections%E2%80%9D&description=>
>     Posted in electoral college <http://electionlawblog.org/?cat=44>
>
>
>         Jessica A. Levinson Reviews ‘On Democracy’s Doorstep : The
>         Inside Story of How the Supreme Court Brought ‘One Person, One
>         Vote’ to the United States” <http://electionlawblog.org/?p=62356>
>
>     Posted on June 13, 2014 11:21 am
>     <http://electionlawblog.org/?p=62356>by Rick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Review
>     <https://lareviewofbooks.org/review/supreme-court-saved-right-vote/#.U5s-ocJpNtw.twitter>.
>
>     I had not heard of this book
>     <http://www.amazon.com/dp/0809074230/?tag=losangrevofbo-20> by J.
>     Douglas Smith but the blurbs make it sound fantastic.
>
>     Share
>     <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62356&title=Jessica%20A.%20Levinson%20Reviews%20%E2%80%98On%20Democracy%E2%80%99s%20Doorstep%20%3A%20The%20Inside%20Story%20of%20How%20the%20Supreme%20Court%20Brought%20%E2%80%98One%20Person%2C%20One%20Vote%E2%80%99%20to%20the%20United%20States%E2%80%9D&description=>
>     Posted in redistricting <http://electionlawblog.org/?cat=6>,
>     Supreme Court <http://electionlawblog.org/?cat=29>
>
>
>         “INGRAHAM: National Tea Party Groups Didn’t Help Brat (VIDEO)”
>         <http://electionlawblog.org/?p=62350>
>
>     Posted on June 13, 2014 10:45 am
>     <http://electionlawblog.org/?p=62350>by Rick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Daily Caller.
>     <http://dailycaller.com/2014/06/11/ingraham-national-tea-party-groups-didnt-help-brat-video/>
>
>     Share
>     <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62350&title=%E2%80%9CINGRAHAM%3A%20National%20Tea%20Party%20Groups%20Didn%E2%80%99t%20Help%20Brat%20%28VIDEO%29%E2%80%9D&description=>
>     Posted in campaign finance <http://electionlawblog.org/?cat=10>,
>     campaigns <http://electionlawblog.org/?cat=59>
>
>
>         “J.H. Snider and Beverly Clay: ‘Dark money’ drives R.I.
>         constitutional convention votes “
>         <http://electionlawblog.org/?p=62348>
>
>     Posted on June 13, 2014 10:01 am
>     <http://electionlawblog.org/?p=62348>by Rick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Providence Journal oped.
>     <http://www.providencejournal.com/opinion/commentary/20140613-j.h.-snider-and-beverly-clay-dark-money-drives-r.i.-constitutional-convention-votes.ece>
>
>     Share
>     <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62348&title=%E2%80%9CJ.H.%20Snider%20and%20Beverly%20Clay%3A%20%E2%80%98Dark%20money%E2%80%99%20drives%20R.I.%20constitutional%20convention%20votes%20%E2%80%9C&description=>
>     Posted in campaign finance <http://electionlawblog.org/?cat=10>
>
>
>         “A closer look at Scott Guthrie, aide to Josh Mandel and
>         behind-the-scenes figure in Ben Suarez case”
>         <http://electionlawblog.org/?p=62346>
>
>     Posted on June 13, 2014 9:37 am
>     <http://electionlawblog.org/?p=62346>by Rick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Fascinating
>     <http://www.cleveland.com/open/index.ssf/2014/06/a_closer_look_at_scott_guthrie.html#incart_river>.
>
>     Share
>     <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62346&title=%E2%80%9CA%20closer%20look%20at%20Scott%20Guthrie%2C%20aide%20to%20Josh%20Mandel%20and%20behind-the-scenes%20figure%20in%20Ben%20Suarez%20case%E2%80%9D&description=>
>     Posted in campaign finance <http://electionlawblog.org/?cat=10>,
>     chicanery <http://electionlawblog.org/?cat=12>
>
>
>         Election Law @ Moritz Report, “The New Soft Money,” Coming
>         This Wed., June 18 <http://electionlawblog.org/?p=62329>
>
>     Posted on June 13, 2014 9:08 am
>     <http://electionlawblog.org/?p=62329>by Dan Tokaji
>     <http://electionlawblog.org/?author=5>
>
>     I’m pleased to announce the release of a//report on independent
>     spending, co-authored by Renata Strause and me, on *Wednesday,
>     June 18*.  The report, entitled /The New Soft Money: Outside
>     Spending in Congressional/ /Elections/, will bereleased//at the
>     National Press Club
>     <http://moritzlaw.osu.edu/registrations/event/the-new-soft-money/>
>     at 9:00 am.  The report includes interviews with former Members of
>     Congress, such as Senators George Allen, Kent Conrad, and Ben
>     Nelson, and Representatives Mark Critz, Tim Holden, Steve
>     LaTourette, and Joe Walsh, as well as recent congressional
>     candidates, campaign staff, political operatives, legislative
>     staff, and representatives of outside groups.
>
>     At *4:30* *pm* that day, June 18, a panel discussion
>     <http://electionlawblog.org/wp-content/uploads/PLSI-OSU-IE-6-18-14-Panel-Invite-Final.pdf>
>     on the report will take place at George Washington University Law
>     School (Lisner Hall 201, 2023 G St NW), hosted by the Political
>     Law Studies Initiative.  The panel will feature Don McGahn, Larry
>     Noble, Brad Smith, Brian Svoboda, as well as Renata and me, and
>     will be moderated by Bill McGinley.  A reception will follow the
>     panel. All those in the Washington DC area are welcome and invited
>     to attend.  Hope to see you there!
>
>     Share
>     <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D62329&title=Election%20Law%20%40%20Moritz%20Report%2C%20%E2%80%9CThe%20New%20Soft%20Money%2C%E2%80%9D%20Coming%20This%20Wed.%2C%20June%2018&description=>
>     Posted in campaign finance <http://electionlawblog.org/?cat=10>,
>     legislation and legislatures <http://electionlawblog.org/?cat=27>,
>     lobbying <http://electionlawblog.org/?cat=28>
>
>     -- 
>     Rick Hasen
>     Chancellor's Professor of Law and Political Science
>     UC Irvine School of Law
>     401 E. Peltason Dr., Suite 1000
>     Irvine, CA 92697-8000
>     949.824.3072  <tel:949.824.3072>  - office
>     949.824.0495  <tel:949.824.0495>  - fax
>     rhasen at law.uci.edu  <mailto:rhasen at law.uci.edu>
>     http://www.law.uci.edu/faculty/full-time/hasen/
>     http://electionlawblog.org
>
>
>     _______________________________________________
>     Law-election mailing list
>     Law-election at department-lists.uci.edu
>     <mailto:Law-election at department-lists.uci.edu>
>     http://department-lists.uci.edu/mailman/listinfo/law-election
>

-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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