According to the Washington Examiner, IRS lawyers will be asked to explain “why the IRS shouldn’t be required to let an outside expert evaluate whether emails on the computer hard drives of former IRS official Lois Lerner and six colleagues really are lost forever.”
The motion filed seeks an outside computer forensics expert to determine the ability to salvage or not the data apparently lost to a crash. At the very least, the IRS was not following proper laws and procedures to protect information.
“If the IRS’s public statements about ‘recycling’ Ms. Lerner’s hard drive are true, that alone establishes spoliation of evidence that violates federal statutes and regulations, the Federal Rules of Civil Procedure, and professional ethics and responsibility.
You can read the motion here: