
But her caution came back to bite her Wednesday as Rep. Darrell Issa
released her email that warned about the dangers of such electronic communications.
"I was cautioning folks about email and how we have several occasions
where Congress has asked for emails," Lerner wrote on April 9, 2013. "We
need to be cautious about what we say in emails."
Lerner's message was written 12 days after she read a draft report on
the targeting of tea party and conservative groups by the IRS inspector
general and suggested that top agency officials communicated among
themselves via an instant-messaging system that was not regularly
archived.
Issa, chairman of the House Oversight and Government Reform Committee,
released the email at a hearing with IRS Commissioner John Koskinen. The
documents were turned over to the panel last week, more than a year
after the Oversight Committee subpoenaed all documents relating to the
targeting scandal that began in 2010 and continued through the 2012
presidential election.
Among the groups singled out for special scrutiny were the Tea Party
Patriots; True the Vote, the voter-rights organization based in Houston,
and Crossroads Grassroots Policy Strategies, the nonprofit political
group advised by Republican strategist Karl Rove.
Lerner retired last year as head of the unit that screened the nonprofit groups' applications for tax-exempt status. She was
held in contempt of Congress in May for refusing to testify before Issa's committee.
The IRS
disclosed last month
that it had lost thousands of Lerner's emails because her computer
crashed in the summer of 2011. The hard drives of at least seven other
employees connected to the tea party investigation also crashed.
Koskinen has acknowledged to lawmakers that Lerner's hard drive was
recycled and presumably destroyed. Backup tapes also were routinely
reused after six months.
The IRS generated 24,000 Lerner emails from 2009 to 2011 for
investigators because she had copied in other agency employees. The IRS
had said that it pieced together the emails from the computers of 83
other workers.
The new Lerner emails will further fuel Republican charges of a cover-up
at the embattled agency. Koskinen took the helm in December.
The April 2013 email trail began with Lerner's query to Maria Hooke, an
IRS technology employee, and Nanette Downing, the manager of the unit
that evaluated the applications. Lerner referenced "conversations" by
"OCS" — the Microsoft instant-messaging system the IRS used.
Lerner apparently was concerned about whether such messages were
regularly saved and could be part of any subpoena for data by
congressional investigators.
"Someone asked if OCS conversations were also searchable — I don’t know,
but told them I would get back to them," she said in the email, which
was sent at 1:50 p.m. "Do you know?"
"OCS messages are not set to automatically save as the standard; however
the functionality exists within the software," Hooke responded at 2:45
p.m. "That being said the parties involved in an OCS conversation can
copy and save the contents of the conversation to an email or file."
Hooke then noted that such conversations could be saved — and included in a congressional subpoena.
"To date, OCS conversations are not specifically identified as part of
the Electronic Data Request … for information, however, if one of the
parties saved the conversation as an email or file they would become
part of the electronic search.
"My general recommendation is to treat the conversation as if it
could/is being saved somewhere, as it is possible for either party of
the conversation to retain the information and have it turn up as part
of an electronic search," Hooke concluded. "Make sense?"
"Perfect," Lerner replied at 2:51 p.m.
Lerner's April 2013 e-mails came 12 days after the inspector general
gave her a draft of his audit on the targeting scandal. She later
disclosed the scandal in response to a planted question at an American Bar Association meeting.
Ohio Rep. Jim Jordan, one of the Oversight Committee's GOP members,
challenged Koskinen about the Lerner emails. The IRS chief responded
that he had never seen the document and that he was unfamiliar with the
instant-messaging system.
The Oversight Committee is one of three congressional panels
investigating the IRS scandal. The others are the House Ways and Means
Committee and the Senate Finance Committee.
The Justice Department and the IRS inspector general are also conducting investigations.