[EL] missing IRS emails

[Jonathan Adler]

If the IRS had made a similar claim - that a server failure resulted in the
loss of millions of emails across multiple accounts - it would be far more
credible than what I understand they are actually claiming here: That one
employee's emails are missing due to a single hard drive failure and the
lack of any email server backup at all.  There may be an innocent
explanation, but it would suggest IT at the IRS is woefully outdated.
On Jun 15, 2014 7:00 PM, "Rick Hasen" <rhasen at law.uci.edu> wrote:

>  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 modern email server and has woefully outdated backup protocols, or the IRS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> 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.
>>
>>  [image: 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>
>>  [image: 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”
>>  [image: 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.*
>>  [image: 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.
>>  [image: 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.
>>  [image: 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.)
>>
>>  [image: 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.
>>
>>  [image: 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.
>>  [image: 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/>
>>  [image: 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>
>>  [image: 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>
>> .
>>  [image: 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 be released 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!
>>  [image: 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 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.eduhttp://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>>
>>
>> _______________________________________________
>> Law-election mailing list
>> 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 92697-8000949.824.3072 - office949.824.0495 - faxrhasen at law.uci.eduhttp://www.law.uci.edu/faculty/full-time/hasen/http://electionlawblog.org
>
>
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