Note below from FNC Chad Pergram:
Lerner told IRS employess “to be cautious about what we say in emails.”
Per Pergram-Capitol Hill
At the IRS hearing before the Oversight Committee…this is the Lois Lerner email they are referring to…where she was “cautioning folks about email” because of concerns of requests for messages from Congress.
On April 9, 2013, Lois Lerner, the Director of Exempt Organization at the IRS, sent an email to Maria Hooke, who is an IT person at the IRS, and copied Nanette Downing, who was in charge of organizational audits as the Acting Director of Exempt Organizations-Examinations at the IRS.
In the message, Lerner inquires about OCS (short for the program Office Communications Server) and when Congress requests emails from the IRS. Lerner says that she “cautioning folks about email” and how Congress sometimes asks for emails. Therefore Lerner concludes “we need to be cautious about what we say in emails.”
Then Hooke responds that messages on OCS “are not set to automaically save as the standard.” She notes someone involved in the messages “in an OCS conversation can copy and save the contents of the conversation to an email or file.”
Hooke says that the emails will not automatically pop up in a request. But they could pop up if the conversation was saved.
Hooke suggests that the IRS “trat the conversation as if it could/is being saved somwhere, as it is possible for either party of the conversation to retain the information and have it turn up as part of an electronic search.”
Lerner replies with a one word missive: “Perfect.”
The full text of the emails are below:
Lerner email to Hooke and Downing on April 9, 2013:
I had a question today about OCS. I was cautioning folks about email and how we have had several occasions where Congress has asked for emails and there has been an electronic search for responsive emails—so we need to be cautious about what we say in emails. Someone asked if OCS conversations were also searchable—I don’;t know, but told them I would get back to them. Do you know?
Hooke response to Lerner and Downing on April 9, 2013:
OCS messages are not set to automatically save the standard; however the functionality exists within the software. That being said the parties involved in an OCS conversation can copy and save the contents of the conversation to an email or file.
To date OCS conversations are not specifically identified as part of the Electronic Data Request (EDR) for inforamtion, however, if one of the parties saved the conversation as an email or file they would become part of the electronic search.
My general recommendation is to treat the conversation as if it could/is being saved somehwere, as it is possible for either party of the conversation to retain the information and have it turn up as part of the electronic search.
Lerner response to Hooke and Downing on April 9, 2013:
Senior Producer for Capitol Hill