It's unlikely the "missing emails'' at the center of the IRS tea party-targeting scandal will ever be found, and investigators should now concentrate on an obstruction of justice case, according to A.J. Delgado, a writer for The National Review
"We needed the smoking guns that were in those emails,'' Delgado told "The Steve Malzberg Show" on Newsmax TV.
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"Obviously, there were smoking guns because of the fact that they were destroyed or lost, and without those, it's hard to have anything to go on.''
The IRS has said that key emails written by former agency official Lois Lerner and six other employees were destroyed in a computer crash — a claim many House Republicans believe is a lie.
"I would perhaps focus on the obstruction of justice angle. [The IRS was] storing these emails off site with a contractor that they had, and they stopped doing so, get this, shortly after the House members began investigating what happened," Delgado said.
"They cut off that contract to end in 2011, covering the relevant period of Lois Lerner's emails.
"So if we're going to somehow ever have the smoking gun, or someone comes forward saying, yes, we deliberately canceled that contract in order to avoid Lois Lerner's emails being stored off site, we'd have a case. But other than that, these people are going to walk.''
Delgado's comments came during a Newsmax panel discussion with Seton Motley, the founder of Less Government, a Washington, D.C.-based group focused on the reduction of government power.
"The government has built themselves an edifice of massive compensation for very little work with unbelievably secure job protection,'' Motley said.
IRS Commissioner John "Koskinen knows it; they all know it. They all know they'll be protected. The unspoken thing is with all these people is, just hang in there, and we'll ride this out, and you'll still have your job, and you'll still have your pension. There is no retaliation for this.''
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