DOJ says they could retrieve them from back-ups ... but it would just be too hard to do.
Judicial Watch President Tom Fitton said the news came during a Friday phone call with Department of Justice attorneys representing the IRS in Judicial Watch's FOIA lawsuit against the IRS.
Fitton said DOJ attorneys told him the federal government backs up all computer records to ensure the continuity of government in vent of a catastrophe. They told him that retrieving the emails from Lerner, a former IRS official, would be "too onerous" - a legal burden that can exempt an agency from complying with FOIA requests.
"So everything we've been hearing about scratched hard drives about missing emails of Lois Lerner, other IRS officials, other officials in the Obama administration, it's all been a pack of malarkey," Fitton told Fox News. "They could get these records but they don't want to, and they haven’t told anyone about it until we were able to get it out of them on Friday."