1. He failed to comply with a congressional subpoena
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The Committee issued a subpoena to Koskinen which created the legal obligation for him to preserve and produce Lois Lerner’s emails.
Koskinen failed in his obligation to ensure documents were properly preserved when the IRS destroyed backup tapes containing Lerner’s emails.
Koskinen failed to implement the IRS’s internal preservation order issued by the Chief Technology Officer, which specified backup tapes were not to be destroyed.
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2. He failed to preserve or produce up to 24,000 emails relevant to the IRS investigation
Koskinen withheld information from Congress about the IRS’s destruction of evidence for four months (February-June 2014).
Despite being aware in mid-February 2014 that there was a gap in Lois Lerner’s email production, it wasn’t until June 2014, buried on the 5th page of the 3rd enclosure in a letter, that the IRS acknowledged the missing emails to Congress.
3. He failed to testify truthfully before Congress
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Despite knowing about the missing emails in February 2014, Commissioner Koskinen failed to mention anything about the email problems during sworn testimony in March 2014. Instead, he affirmatively promised the IRS would produce all of Lerner’s emails.
In its investigation, the Treasury Inspector General examined Lerner’s BlackBerry, email server, backup tapes for the email server, loaner laptops, Lerner’s crashed hard drive, and the disaster recovery tapes — and found more than 1000 unique, unproduced emails. The IRS only examined the hard drive, which crashed in 2011.
Despite the failure to send the backup tapes for professional analysis or to examine all sources where potential emails could exist, Koskinen testified that the IRS went to “great lengths, spent a significant amount of money trying to make sure that there is no email that is required that has not been produced.”
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Last month, the Oversight and Government Reform Committee held a press conference, sent a letter to President Obama, and released a video calling on the President to remove IRS Commissioner John Koskinen from his position.