WASHINGTON, DC--(Marketwired - Jun 27, 2014) - Judicial Watch today filed a Motion for Status Conference, and within hours was granted a hearing in the United States District Court for the District of Columbia to confer about the emails of Lois Lerner and other IRS officials, which were the subject of longstanding Judicial Watch Freedom of Information Act (FOIA) requests and a lawsuit, and which the IRS now claims to have "lost" (Judicial Watch v. IRS (No. 1:13-cv--1559)). The hearing is scheduled for July 10.
The emails Judicial Watch has sought since May 2013 cover portions of the same period for which the IRS on June 13, 2014, notified the House Committee on Ways and Means were lost or destroyed. Yet, according to the Motion for Status Conference, the IRS failed to notify either Judicial Watch or the court concerning the "lost" emails:
"Plaintiff's FOIA requests and the Committee's request indisputably seek the same emails of Lois Lerner and the other IRS officials, including Nikole Flax, from January 1, 2010 to the present. Despite the obvious relevance, IRS has still not notified the Court or Plaintiff of the destruction of emails and whether the same issues relating to production of emails of Lois Lerner or the other six IRS officials exist in this lawsuit. Plaintiff only learned of the destroyed records on June 13, 2014, when the news media reported on the existence of IRS's letter to Congress about the status of the emails."
In May 2013, Judicial Watch submitted four separate FOIA requests for IRS communications concerning the review process for organizations seeking tax exempt status. One of the FOIA requests specifically sought Lerner's communications with other IRS employees and with any government or private entity outside the IRS regarding the review and approval process for 501(c)(4) applicants from January 1, 2010, to the present. A second request sought communications for the same time frame between the IRS and members of Congress and other government agencies, as well as any office of the Executive Branch. After the IRS failed to provide the information, Judicial Watch filed a FOIA lawsuit on October 9, 2013.
The Judicial Watch Motion for Status Conference contends that its FOIA lawsuit led to the discovery of the "lost" emails:
"As revealed in the announcement by the Committee, IRS confirmed that it first knew of the lost emails in February 2014. See Exhibit 3. This was during the same time frame IRS made its first production of responsive records to Plaintiff in this case on February 26, 2014. See IRS' Status Update Report (ECF No. 15). The timing of these events reveals that the discovery of the supposedly lost emails was triggered by this lawsuit. However, IRS has still not informed this Court or Plaintiff regarding the missing emails in this litigation."