This story is developing – more will follow later – but I wanted to point out the IRS legal position in front of Judge Reggie Walton:

The IRS lawyers are claiming True The Vote cannot “prove” any Lerner emails were lost, therefore legally the IRS cannot be compelled to explain “why” the emails were lost.

You getting this ?

WASHINGTON DC –  A second federal judge has now ordered the IRS to explain under oath how the agency lost emails from former division director Lois Lerner, the woman at the heart of the Tea Party targeting scandal.
U.S. District Court Judge Reggie Walton told Obama administration lawyers on Friday he wants to see an affidavit explaining what happened with Lerner’s hard drive. The IRS claims her computer suffered a crash in 2011 that wiped her email records at the time clean.  (more…)