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Dead Constitution
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Title: Rove Emails Missing from RNC Server
Source: TPM Muckraker.com
URL Source: http://www.tpmmuckraker.com/archives/002998.php
Published: Apr 12, 2007
Author: Paul Kiel
Post Date: 2007-04-12 17:17:52 by aristeides
Keywords: None
Views: 138
Comments: 11

Rove Emails Missing from RNC Server

By Paul Kiel - April 12, 2007, 4:18 PM

In a letter to Attorney General Alberto Gonzales today, Rep. Henry Waxman (D-CA), chairman of the House Committee on Oversight and Government Reform, asked that the Justice Department retain all emails received or sent to a White House official's RNC-issued email address.

But he also provided more details about those emails on the RNC servers -- details derived from his staff's interview with the RNC's counsel Rob Kelner. According to Kelner, the RNC stopped deleting all of the White House staff's emails in response to "unspecified legal inquiries" (i.e. Pat Fitzgerald's investigation) in August of 2004. And there are some very tantalizing details concerning Karl Rove...

From the letter:

According to Mr. Kelner, the RNC had a policy, which the RNC called a "document retention" policy, that purged all e-mails from RNC e-mail accounts and the RNC server that were more than 30 days old. Mr. Kelner said that as a result of unspecified legal inquiries, a "hold" was placed on this e-mail destruction policy for the accounts of White House officials in August 2004. Mr. Kelner was uncertain whether the hold was consistently maintained from August 2004 to the present, but he asserted that for this period, the RNC does have alarge volume of White House e-mails. According to Mr. Kelner, the hold would not have prevented individual White House officials from deleting their e-mail from the RNC server after August 2004.

Mr. Kelner's briefing raised particular concems about Karl Rove, who according to press reports used his RNC accountfor 95%o of his communications. According to Mr. Kelner, although the hold started in August 2004, the RNC does not have any e-mails prior to 2005 for Mr. Rove. Mr. Kelner did not give any explanation for the e-mails missing from Mr. Rove's account, but he did acknowledge that one possible explanation is that Mr. Rove personally deleted his e-mails from the RNC server.

Mr. Kelner also explained that starting in 2005, the RNC began to treat Mr. Rove's emails in a special fashion. At some point in 2005, the RNC commenced an automatic archive policy for Mr. Rove, but not for any other White House officials. According to Mr. Kelner, this archive policy removed Mr. Rove's ability to personally delete his e-mails from the RNC server. Mr. Kelner did not provide many details about why this special policy was adopted for Mr. Rove. But he did indicate that one factor was the presence of investigative or discovery requests or other legal concerns. It was unclear from Mr. Kelner's briefing whether the special archiving policy for Mr. Rove was consistently in effect after 2005. [my emphasis]

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#1. To: aristeides (#0)

Man, it just gets better and better. Better send in some Federal dogs to take those servers before something happens to them.

Mekons4  posted on  2007-04-12   17:20:23 ET  Reply   Trace   Private Reply  


#2. To: Mekons4 (#1)

That's going to be an interesting hearing on Tuesday. Do you think Gonzales will show up?

To reason, indeed, he was not in the habit of attending. His mode of arguing, if it is to be so called, was one not uncommon among dull and stubborn persons, who are accustomed to be surrounded by their inferiors. He asserted a proposition; and, as often as wiser people ventured respectfully to show that it was erroneous, he asserted it again, in exactly the same words, and conceived that, by doing so, he at once disposed of all objections. - Macaulay, "History of England," Vol. 1, Chapter 6, on James II.

aristeides  posted on  2007-04-12   17:25:40 ET  Reply   Trace   Private Reply  


#3. To: aristeides (#2)

My guess is he asks for an extension or to have any questions about this latest stuff held for another day. He'd be crazy and probably jailable to walk in there now.

Mekons4  posted on  2007-04-12   17:28:19 ET  Reply   Trace   Private Reply  


#4. To: All (#3)

Here's the White House defense...they were just worried, worried I tell you, about violating the Hatch Act. Nothing to see here.

Reporter: If the White House policy was not clear, though, the Presidential Records Act is clear, presumably. It's a federal law that's been on the books since the late '70s. How could the White House not have clear guidance on what the federal law is? Regardless of White House policy, it's a federal law on the books.

Stanzel: Well, technology has certainly advanced. We live in a new time. This is just the second administration who's actually had email. This is the first administration who has dealt with the ubiquity of 24/7 communications in the form of BlackBerrys. So it is always on. The White House policy actually has been improved. We've strengthened that in policy, clarified it for staff so they understand how to avoid violations of the Hatch Act, while at the same time adhering to the Presidential Records Act.

In the manual previously, White House manual, there was one paragraph about using your official email account for official business. There were two pages of information about making sure that you do not violate the Hatch Act. That is certainly of concern and we take steps. It's appropriate to take steps to avoid violating the Hatch Act. There are official business emails, there are political business emails, and then there is also this gray area. And that's where employees have to make a judgment. And some employees, out of an abundance of caution, could have been sending official business emails on their RNC political account.

So that is the gray area that we're, in our new policy, working to make sure that staff is clear that they have to retain those. When they have to make a judgment, and they will have to make judgments, they should err on the side of avoiding violations of the Hatch Act, but they should also retain that information so it can be reviewed for the Presidential Records Act....

Reporter: On the change in policy in '04, wasn't that in response to Patrick Fitzgerald's investigation into the White House and the need, in response to his inquiries, to preserve records?

Stanzel: I don't know the reasons for that change. That's our understanding of when that change occurred. But the White House Counsel's Office is working with the RNC counsel to be sure and to gather more information about when changes were made and why they were made....

Reporter: Why would it be the case that a White House official would be talking and writing about the US attorneys case on a non-White House email account?

Stanzel: Well, as I indicated, the guidance at the White House prior to this point has been very clear that you should avoid inadvertent violations of the Hatch Act. And so some employees, it seems clear, out of an abundance of caution, or sometimes out of logistical reasons, have communicated about official business on those political email accounts. And so I can't speak to the motivations of any individual on why they sent one email one way. I don't know that. But the White House guidance, what we've been working on is trying to make sure that it's more clear so people understand their obligations under both the Hatch Act and the Presidential Records Act.

Mekons4  posted on  2007-04-12   17:33:04 ET  Reply   Trace   Private Reply  


#5. To: Mekons4 (#4)

DoJ Lawyers Sue Dems By Day, GOP Lawyers By Night.

Somehow these don't sound to me like people who are worried about possibly violating the Hatch Act.

To reason, indeed, he was not in the habit of attending. His mode of arguing, if it is to be so called, was one not uncommon among dull and stubborn persons, who are accustomed to be surrounded by their inferiors. He asserted a proposition; and, as often as wiser people ventured respectfully to show that it was erroneous, he asserted it again, in exactly the same words, and conceived that, by doing so, he at once disposed of all objections. - Macaulay, "History of England," Vol. 1, Chapter 6, on James II.

aristeides  posted on  2007-04-12   17:36:22 ET  Reply   Trace   Private Reply  


#6. To: Mekons4 (#1)

Better send in some Federal dogs to take those servers before something happens to them.

Also the hard drives on White House PCs. There could be deleted e-mails on them which could be recovered.


I've already said too much.

MUDDOG  posted on  2007-04-12   17:36:43 ET  Reply   Trace   Private Reply  


#7. To: MUDDOG (#6)

Wow. I just saw Leahy on MSNBC and he was FURIOUS. He called the White House liars and said, I'm not stupid. Emails cannot disappear today. Don't tell me the dog ate your homework, you liars.

I'm paraphrasing, but that is roughly what he said.

And Conyers was just on CNN saying, I lost sleep after voting against the war. They told us such amazing lies, I thought, what if they really DO know things we don't?

We gotta impeach these punks. Now.

Mekons4  posted on  2007-04-12   19:38:34 ET  Reply   Trace   Private Reply  


#8. To: Mekons4 (#7)

I just saw Leahy on MSNBC and he was FURIOUS. He called the White House liars and said, I'm not stupid. Emails cannot disappear today. Don't tell me the dog ate your homework, you liars.

I saw the same clip. If the Dims don't push this to the hilt, then they're both one party with two factions.

Fred Mertz  posted on  2007-04-12   21:25:49 ET  Reply   Trace   Private Reply  


#9. To: Fred Mertz (#8)

If the Dims don't push this to the hilt, then they're both one party with two factions.

I'm with you. If they don't take these nuts down now, I give up and will move to a mesa in New Mexico, take mescaline, and live on cactus juice. This country is giving me the hebee-jeebies.

OTOH, my daughter just got a four year scholarship to a good school and is skipping the rest of high school. Which I wish I could have done, looking back. I just had a reporter call to interview her; she goes to school in Mass., so I gave him the number there.

Mekons4  posted on  2007-04-12   21:49:14 ET  Reply   Trace   Private Reply  


#10. To: Mekons4 (#9)

Your daughter got her good looks and brains from her Mom.

Fred Mertz  posted on  2007-04-12   21:52:18 ET  Reply   Trace   Private Reply  


#11. To: Fred Mertz (#10)

Just. Not. True.

Seriously, she looks just like me, if I was pretty. My ex is not stupid at all, but my daughter and I have almost identical tastes in music and literature.

I'm kinda defensive about that.

Mekons4  posted on  2007-04-13   1:15:27 ET  Reply   Trace   Private Reply  


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