Last week, in an August 24, 2015 Status Report, the Internal Revenue Service disclosed that Lois Lerner used a secret personal email account denominated as “Toby Miles.” The filing was in a FOIA case filed by Judicial Watch.

In a filing last night of an August 31, 2015 Status Report, the IRS revealed that  Lerner also used “a second personal email account” that, unlike the Toby Miles account, “does not appear to be associated with a denomination; only the email address itself appears.” The IRS refuses to disclose the email address for either the Toby Miles or the newly discovered account.

(added) Tom Fitton, President of Judicial Watch, commented on this latest disclosure:

“It is disturbing that the Obama administration’s explanations to a federal judge about Lois Lerner’s emails become inoperative after only one week. Last week, the court was told that that Lois Lerner had a second alias email account under the name “Toby Miles”. This week the court is told that the “Toby Miles” account isn’t a separate account but that that there still is a second Lerner account, address unrevealed, with IRS-related emails. This game of cat and mouse shows that both the Obama IRS and Justice Department continue with their contempt for Judge Sullivan’s orders that Ms. Lerner’s emails about this scandal be disclosed as the law requires.”

The August 31 status report reads, in part (full embed at bottom of post):

As noted in the Service’s August 24, 2015, Status Report, former Service employee Lois Lerner sent or received work-related emails from a personal email account. In particular, Lerner sent or received work-related emails from an email account which was variously denominated “Lois G. Lerner,” “Lois Home,” or “Toby Miles.” The Service had previously released twelve emails to Judicial Watch containing the denomination Toby Miles, including nine emails in which the denomination Toby Miles was redacted. On August 31, 2015, the Service rereleased copies of those nine emails to Judicial Watch without redacting the denomination Toby Miles.

At the time that we filed the August 24, 2015, Status Report, the undersigned attorneys were unable to confirm whether Lerner sent or received any work-related emails from another personal email account for the time period in question. The undersigned attorneys have now confirmed that Lerner also sent or received work-related emails from a second personal email account. Unlike the personal email account described above, that account does not appear to have been associated with a denomination; only the email address itself appears. Emails located by the Service from the second personal account have been reviewed and either released to Judicial Watch or determined to be non-responsive to these FOIA requests. Consistent with its prior releases, the Service is withholding the two personal email addresses described herein pursuant to Exemptions (b)(6) and (b)(7)(C). Out of an abundance of caution, the Service has conducted a search for all documents in the Congressional database using the email address of the personal accounts identified above. That search located approximately 400 emails from three
sources: emails and documents collected from the more than 80 custodians; emails and documents that Lerner’s attorneys provided to the Service in response to a request from one of the Congressional Committees investigating the Service; and emails that the Treasury Inspector General for Tax Administration (“TIGTA”) forensically recovered and returned to the Service.

The Service matched the approximately 400 emails against the material previously gathered as potentially responsive to the FOIA requests at issue here and identified approximately 160 emails that had not previously been reviewed for responsiveness to these FOIA requests. The Service reviewed those approximately 160 emails and determined that all were either non-responsive or were duplicates of material previously released to Judicial Watch.



Judicial Watch FOIA Lois Lerner – IRS Status Report 8-31-2015

[Note Judicial Watch had represented Legal Insurrection in FOIA matters including as to David Gregory and the Virginia State Bar, and also is an advertiser.]


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