In the era of digital permanence, where terabytes of texts, emails and communications are automatically saved onto cloud servers and backed up via multiple redundant outlets, the IRS is claiming that thousands of critical emails in the investigation into potential criminal wrongdoing at the agency have been “lost.”  The assertion is comically absurd – after all, the government, which by many accounts is or has actively monitored millions of communications a year via the NSA, is simultaneously claiming that critical emails between principal subjects of the inquiry are now missing.  This week, the IRS commissioner admitted in Congressional testimony that the agency did not save the emails on Ms. Lerner’s blackberry, and it has no way of obtaining the information contained therein.  It would seem that federal officials are able to monitor all communications in America except their own. 

Recall that this episode initially began with the surprise announcement last year that the IRS had inappropriately targeted conservative groups with increased scrutiny, as well as delayed their non-profit approval status, in an effort to limit the influence of their voice in the arena of public opinion.  After admitting its mistake, which by many accounts borders on the criminal, the IRS is now losing the public’s trust to an even greater degree.

One would naturally assume that the IRS must have some backup mechanism in place in order to protect critical information.  Mysteriously, however, the backup mechanism has also failed to yield the aforementioned communications.  If the backup truly failed, the next logical step would be to assume that the recipients of the email communications of the target individual could be collected to piece together at least a large portion of the relevant communications.  After all, there should be two copies of every email communication; one from the sender, and one for the recipient.  Surely, many subordinates and direct reports would have substantial communications with the relevant individuals which would help investigators piece together whether any criminal wrongdoing occurred.  It appears, however, that even this method is running into brick walls.

The IRS recently revealed that the emails of five key IRS officials, including an aide to Ms. Lerner, have also been “lost.”  The announcement comes after a key correspondence between Ms. Lerner and an IRS IT employee has been produced, in which Ms. Lerner asked if text messages are automatically backed up on IRS servers.  When the employee responded in the negative, she replied, “Perfect.”  One can logically deduce that Ms. Lerner did not want the contents of her communications to be revealed to the public.

Ms. Lerner, an agent held with the public trust in the collection of hard working taxpayer dollars, is hiding something.   The IRS needs to find this critical information.  The public needs to keep up sufficient pressure to ensure that the communications are located.

One need only imagine the scenario in reverse to ascertain how absurd the government’s position is in this matter.   Assume the IRS conducts a routine audit of an individual or private business (just recently, the Breitbart News, a well known conservative media outlet, announced that it is being audited by the IRS).  Certain records regarding business expenditures and other tax efficient write-offs are accidentally “misplaced” by the entity being audited.  Then the business or individual argues to the IRS that the relevant documents cannot be located.  The IRS would have little empathy in such a scenario, and the taxpayer would almost certainly lose the tax exemptions he or she was originally claiming.

It has long been said in America that no man or woman, including the President of the United States, is above the law.  Let us see whether the same can be said for the IRS.  So far, their silence and “missing” emails speaks volumes.

Ben Everard is a contributor to Capoliticalreview.com.