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"And ye shall know the truth, and the truth shall make you free." - John 8:32
WEBCommentary Contributor
Author:  Michael J. Gaynor
Bio: Michael J. Gaynor
Date:  August 26, 2014
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Topic category:  Corruption in Government

When Did President Obama Know that the "Lost" Lois Lerner Email Wasn't Lost?

What is the Obama Administration to do (besides lay the race card and rely on the liberal media establishment to ignore or to obfuscate the facts?

During the Watergate investigation, the most important questions were "What did the President know?" and "When did he know it?"

Fair questions then.

Fair questions now.

Is President Obama culpable or clueless?

Will President Obama claim that he just learned that the federal government backs up all IRS email in case of catastrophe?

If he does, will all his advisers plead cluelessness too?

What is the Obama Administration to do (besides play the race card and rely on the liberal media establishment to ignore or to obfuscate the facts)?

On last Super Bowl Sunday, President Obama insisted during an interview with Fox News’ Bill O’Reilly not only that his administration did not mislead the public on the Benghazi attack, but also that the IRS targeting scandal did not involve “even a smidgen of corruption” (www.foxnews.com/politics/2014/02/03/not-even-smidgen-corruption-obama-downplays-irs-other-scandals/).

Mitt Romney deserves a do over, because so many voters and potential voters were deceived in 2012.

Wikipedia (http://en.wikipedia.org/wiki/2013_IRS_controversy):

2012 Congressional investigation and denials

At least as early as mid-2011, higher-ranking IRS officials knew that conservative groups were being scrutinized.

Selected groups complained to various members of Congress. In response, a congressional committee asked IRS Commissioner Douglas H. Shulman about the allegations in 2012. Shulman told the committee that the agency was not targeting conservative groups. After Shulman denied that the IRS was unfairly targeting conservative groups, the congressional committee ended the 2012 phase of the investigation. Shulman resigned his post in late 2012, before the controversy came to light.

Judicial Watch's shocking August 25, 2014 statement says it all (www.judicialwatch.org/press-room/press-releases/backups-for-missing-lois-lerner-irs-emails/):

Judicial Watch announced the following developments in the IRS’ missing emails investigation. Judicial Watch President Tom Fitton stated:

Department of Justice attorneys for the Internal Revenue Service told Judicial Watch on Friday that Lois Lerner’s emails, indeed all government computer records, are backed up by the federal government in case of a government-wide catastrophe. The Obama administration attorneys said that this back-up system would be too onerous to search. The DOJ attorneys also acknowledged that the Treasury Inspector General for Tax Administration (TIGTA) is investigating this back-up system.

We obviously disagree that disclosing the emails as required would be onerous, and plan to raise this new development with Judge Sullivan.

This is a jaw-dropping revelation. The Obama administration had been lying to the American people about Lois Lerner’s missing emails. There are no “missing” Lois Lerner emails – nor missing emails of any of the other top IRS or other government officials whose emails seem to be disappearing at increasingly alarming rate. All the focus on missing hard drives has been a diversion. The Obama administration has known all along where the email records could be – but dishonestly withheld this information. You can bet we are going to ask the court for immediate assistance in cutting through this massive obstruction of justice.

Here is the second set of sworn declarations by IRS officials in response to Judge Emmet G. Sullivan’s investigation into the missing emails of Lois Lerner and other IRS officials. The declarations were provided after close of business on Friday, August 22.

The first meeting was held this afternoon by Magistrate Judge John M. Facciola, who was appointed by Judge Emmet G. Sullivan to manage and assist in discussions between Judicial Watch and the IRS about how to obtain any missing records which have been the subject of longstanding Judicial Watch Freedom of Information Act (FOIA) requests and lawsuit (Judicial Watch v. IRS (No. 1:13-cv-1559)).

Judge Sullivan has encouraged Judicial Watch to submit a request for limited discovery into the missing IRS records after September 10.

Who thinks that the Obama Administration will produce that never were really missing Lois Lerner email before Election Day 2014?

Michael J. Gaynor

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Biography - Michael J. Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member.

Gaynor graduated magna cum laude, with Honors in Social Science, from Hofstra University's New College, and received his J.D. degree from St. John's Law School, where he won the American Jurisprudence Award in Evidence and served as an editor of the Law Review and the St. Thomas More Institute for Legal Research. He wrote on the Pentagon Papers case for the Review and obscenity law for The Catholic Lawyer and edited the Law Review's commentary on significant developments in New York law.

The day after graduating, Gaynor joined the Fulton firm, where he focused on litigation and corporate law. In 1997 Gaynor and Emily Bass formed Gaynor & Bass and then conducted a general legal practice, emphasizing litigation, and represented corporations, individuals and a New York City labor union. Notably, Gaynor & Bass prevailed in the Second Circuit in a seminal copyright infringement case, Tasini v. New York Times, against newspaper and magazine publishers and Lexis-Nexis. The U.S. Supreme Court affirmed, 7 to 2, holding that the copyrights of freelance writers had been infringed when their work was put online without permission or compensation.

Gaynor currently contributes regularly to www.MichNews.com, www.RenewAmerica.com, www.WebCommentary.com, www.PostChronicle.com and www.therealitycheck.org and has contributed to many other websites. He has written extensively on political and religious issues, notably the Terry Schiavo case, the Duke "no rape" case, ACORN and canon law, and appeared as a guest on television and radio. He was acknowledged in Until Proven Innocent, by Stuart Taylor and KC Johnson, and Culture of Corruption, by Michelle Malkin. He appeared on "Your World With Cavuto" to promote an eBay boycott that he initiated and "The World Over With Raymond Arroyo" (EWTN) to discuss the legal implications of the Schiavo case. On October 22, 2008, Gaynor was the first to report that The New York Times had killed an Obama/ACORN expose on which a Times reporter had been working with ACORN whistleblower Anita MonCrief.

Gaynor's email address is gaynormike@aol.com.


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