Federal Judge Rejects Plea to Block IRS From Destroying Evidence

Thursday, 07 Aug 2014 05:22 PM

By Cathy Burke

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink
A federal judge has rejected a conservative group's request to block the IRS from destroying emails or potential evidence relating to a contentious tea party targeting scandal — or to name an expert to hunt for missing emails belonging to a former IRS official at the center of the furor.

The decision by U.S. District Judge Reggie Walton was a blow to conservative True the Vote, which sued the IRS in 2013 over its handling of its tax-exempt status application a year before the explosive news of missing emails belonging to ex-official Lois Lerner surfaced.

In asking for an injunction barring the IRS from destroying documents, and for the court to appoint a computer expert as part of an "expedited" discovery process, True the Vote said it didn't trust the IRS to refrain from destroying evidence.

Walton disagreed.

"The issuance of an injunction will not further aid in the recovery of the emails, if such recovery is possible, but will rather only duplicate and potentially interfere with ongoing investigative activities," Walton ruled, McClatchy news service reports.

But the judge sternly warned the IRS it was "now on notice of their obligation to preserve any potentially relevant evidence, and the Court instructs the defendants to comply with that obligation."

True the Vote's lawyer told Politico the Texas-based voter watchdog group could still try for regular, rather than "expedited," discovery at a later point. 

Several other conservative groups are suing the agency over the scandal or the lost Lerner emails the IRS says went missing because of a computer crash. 

Walton ruled there wasn't any reason to believe the IRS deliberately destroyed evidence.

"Without a finding that spoliation [intentional destruction] previously occurred, there is little basis to conclude that the defendants will 'continue' spoliating potential evidence," the judge wrote, reasoning without such evidence there's no reason to believe True the Vote would suffer without an immediate injunction, Politico reported.

Walton also ruled, though it is in the public's interest to find Lerner's emails, it's not in the public's interest to "allow … a third party, as requested by the plaintiff, to inspect IRS computers" because it would "necessarily result in the disclosure of tax returns and return information to that third party," Politico reported.


Related Stories:

© 2014 Newsmax. All rights reserved.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Country
Zip Code:
Privacy: We never share your email.
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

Ex-UN Ambassador Wallace: US Should Just Say It - We're at War

Monday, 22 Sep 2014 19:55 PM

The United States should stop going out of its way to avoid calling the military initiative against the Islamic State (I . . .

Google Chairman Says Climate Change Group 'Lying,' Pulls Funding

Monday, 22 Sep 2014 19:30 PM

Google Inc. Chairman Eric Schmidt said the world's biggest Internet search company made a mistake in funding a political . . .

US Cracks Down on Corporate Tax 'Inversions'

Monday, 22 Sep 2014 18:48 PM

The Obama administration cracked down Monday on so-called tax inversions, aiming to curb a spate of American companies s . . .

Most Commented

Newsmax, Moneynews, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, NewsmaxWorld, NewsmaxHealth, are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved