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Lois Lerner’s Former FEC Colleague Has Emails Go Missing Too

Chuck Ross Investigative Reporter
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The Federal Election Commission recycled the computer hard drive of April Sands — a former co-worker of Lois Lerner’s — hindering an investigation into Sands’ partisan political activities, according to the House Committee on Oversight and Government Reform.

Sands resigned from the Federal Election Commission in April after she admitted to violating the Hatch Act, which bars executive branch employees from engaging in partisan political activities on federal time and at federal facilities.

The twist is that Sands also worked under Lois Lerner when the ex-IRS agent — who is currently embroiled in a scandal over the targeting of conservative political groups — worked at the FEC’s enforcement division.

In a letter to FEC chairman Lee Goodman, committee chairman Darrell Issa and committee member Jim Jordan laid out Sands’ partisan activities and asked for records pertaining to the recycling of her hard drive and of the agency’s records retention policies.

Sands took part in a heavily partisan online webcam discussion from FEC offices and also operated a Twitter account with the handle @ReignOfApril which were sent during Sands’ normal working hours.

One of Sands’ tweets, from June 4, 2012 read “I just don’t understand how anyone but straight white men can vote Republican. What kind of delusional rhetorical [sic] does one use?”

Sands is a black female.

“Dear every single Republican ever, When will U learn that Barack Hussein Obama is simply smarter than U? Stand down, Signed #Obama2012 #p2,” Sands wrote on May 1, 2012.

In a message from Aug. 25, 2012, Sands called Republicans her “enemy.”

In others, Sands issued fundraising pleas on behalf of Obama. “Our #POTUS’s birthday is August 4. He’ll be 51. I’m donating $51 to give him the best birthday present ever: a second term,” she wrote on July 18, 2012.

“The bias in these messages is striking, especially for an attorney charged with the responsibility to enforce federal election laws fairly and dispassionately,” read the committee’s letter to Goodman, an Obama appointee.

The FEC’s Office of Inspector General sought to conduct a criminal investigation into Sands’ activities but were stymied when they found that the agency had recycled her computer hard drive.

“Therefore the OIG was unable to show that Ms. Sands’ solicitations and political activity were done from an FEC computer,” reads the letter.

Because of this, the U.S. attorney’s office for the District of Columbia declined criminal prosecution.

“The FEC’s failure to retain Ms. Sands’ hard drive prevented the FEC OIG from fully pursuing appropriate criminal sanctions for Ms. Sands’ admitted violation of federal law,” wrote Issa and Jordan.

“Like the IRS’s destruction of Lois Lerner’s hard drive, the FEC’s recycling of Ms. Sands’ hard drive may have also destroyed material responsive to Freedom of Information Act and congressional oversight requests,” the letter continued.

Lerner’s computer hard drive crashed in the middle of 2011, right around the time that questions were being raised over whether the IRS’s enforcement agency was targeting conservative non-profit groups while considering whether to grant them tax-exempt status.

News of the loss of Lerner’s emails was only made public last month, much to the frustration of Issa and the Oversight Committee.

Though it is unclear whether Sands and Lerner communicated after Lerner’s move to the IRS, the Oversight Committee letter points out that Lerner was known to have communicated with other FEC employees after her switch. That correspondence included the sharing of information protected by section 6103 of the tax code, the letter notes.

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