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Lerner's emails disappeared. the irs says they were lost after lerner's hard drive crashed and even expert measures to try to retrieve some of them have failed. the new irs commissioner was unapologetic about these computer crashes and a two-month long delay in telling congress about this problem. >> we are committed to continuing to working cooperatively and transparently with you, this committee and we will continue to provide you with updates. this concludes my testimony. i'd be happy to take your questions. >> well, thank you. what i didn't hear in that was an apology to this committee. >>...

Are we looking at potentially a case of obstruction of justice? doug, i want to ask you, can you -- >> let me work off of more began's point. try lawyer -- trial lawyers deal with deductive reasoning. the point is, it's like austin powers. we lost seven racks of e-mails? enough. but -- >> what would you as a lawyer look at? you would want your experts to look at the server where all this was deleted because you can tell a lot. >> we started with the computer crashed. and everybody went on tv and said that doesn't matter. just because the computer crashes doesn't mean you can't retrieve the dat...

>> just saying. >> the computer crashes. the e-mails -- no! we live in a world with, like, clouds everywhere. even you have to admit it. >> i reported on this. i killed the eric cantor story and i read this one so give me credit. >> how ridiculous is it? >> pretty ridiculous. those e-mails exist. >> where are they? >> joe, are you suggesting? >> i'm suggesting nothing. >> move on. enough time. >> it is ridiculous the internal revenue service who will shake down people for a receipt 18 years old are saying they can't find e-mails from the person that is at the center of a scandal involving the ...

Chip away at it until they can't move forward anymore and say in a year if it's doing what it's supposed to do it won't matter. where does that battle fall right now? >> right now, we've seen president obama with the lowest poll numbers of his presidency. he didn't get anything done in that first term largely because of health care, somewhat to do with the nsa on foreign policy and he's been blocked in on two sides. you don't see this as an exist earn issue. >> that's not a problem if premiums go up. you had 2 million people trying to get in and now they're in a cue and the people trying to si...

>> i'm a 20 year veteran and continue to serve as a department of defense employee. what this shutdown teaches me is how out of touch our leader are with the common person. >> jenny from japan, all the teachers for military kids are working but we aren't getting paid until this is over. >> thank you for responding. "fox & friends" starts tphoufplt -- starts now. >>elisabeth: good morning. today is wednesday, october 2. i'm elisabeth hasselbeck. call it the senate shutdown. democratic lawmakers refusing to negotiate a deal that would put government employees back to work. can republicans really...