[EL] missing IRS emails
Rick Hasen
rhasen at law.uci.edu
Sun Jun 15 16:48:08 PDT 2014
Here's Nick Rosenkranz offering links to more skepticism of the IRS's
claims:
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/06/15/the-irs-claims-that-lois-lerners-e-mails-were-wiped-out-by-a-computer-crash/
On 6/15/14, 4:12 PM, Jonathan Adler wrote:
>
> 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 woefully outdated.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
> <mailto: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 lacks a modern email server and has woefully outdated backup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
>> <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>
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>>
>
> --
> 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
>
--
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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