U.S. Archivist Says IRS ‘Did Not Follow the Law’

by Molly Wharton

The IRS “did not follow the law” by not notifying the National Archives and Records Administration when they lost Lois Lerner’s e-mails, U.S. Archivist David Ferriero said.

During an IRS investigation hearing on Tuesday morning, Representative Tim Walberg (R., Mich.) questioned Ferriero about whether the IRS broke the Federal Records Act, which requires that if agencies become aware of unauthorized destruction of federal records, they report the incident to the archives.

“At any time in 2011 through last Monday, did the IRS report any loss of records related to Lois Lerner?” Walberg asked. Ferriero confirmed that the IRS did not. 

When Walberg pressed Ferriero to say if the IRS had thereby broken the Federal Records Act, the archivist responded, “I’m not a lawyer.” After the congressman pressed further, though, Ferriero conceded, “They did not follow the law.”

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