On June 24, 2014, Archivist David Ferriero testified before the House Committee on Oversight and Government Reform in the hearing printed as IRS Obstruction: Lois Lerner’s Missing Emails, Part II. GovInfo hosts the transcript.
The record is simple. Federal agencies are supposed to notify the Archivist when they become aware of unauthorized destruction or loss of federal records. Ferriero said the IRS did not report the 2011 loss of Lois Lerner emails to NARA. NARA learned from a June 13, 2014 IRS letter to Senators Wyden and Hatch. Fox News and the Washington Examiner reported the exchange with Rep. Tim Walberg: asked whether the IRS broke the law, Ferriero said he was not a lawyer; asked again, he said, “They did not follow the law.”
That is testimony about the IRS. It is not a conviction of Lois Lerner. It is not a conviction of Ferriero. It is his own on-the-record standard for lost emails — three years before the Clinton-server letters.