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Thousands of White House E-mails Deleted

kidcharles writes "The Washington Post reports that in the midst of an investigation by the U.S. Congress into the firing of eight U.S. Attorneys by the Department of Justice, numerous White House e-mails have been lost. Among them are communications from presidential adviser Karl Rove. Parallels are being drawn with the infamous '18 minutes' missing from the Nixon Watergate tapes. Also at issue is the use of Republican National Committee e-mail domains (such as gwb43.com and georgewbush.com) rather than the official White House domain. This is a violation of the Presidential Records Act."

10 of 799 comments (clear)

  1. Disconnect between WH statements and law by maynard · · Score: 5, Informative
    Here is what Scott Stanzel, White House spokesman, said this morning at the [...]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.[...]

    Yesterday he said this:

    "I can say that historically the White House didn't give enough guidance to staff on how to avoid violating the Hatch Act while following the Records Act. We didn't do a good enough job."


    Here are the specifics of what is required by the Hatch Act. It is clear that

    A) Politicization (partisan activities) within certain Federal Agencies, such as the CIA or the Justice Department, is a felony.

    B) All records relating to government business MUST be retained for investigative purposes, and later historical preservation. To destroy these documents is a felony.

    This law is clear, has been on the books since the 1930s, and has passed several Supreme Court affirmations. There's no wiggle room here. This is a clear violation of the law. And note A) in relation to the Federal US Attorney firings. To fire is legal; to fire with even just partisan intent -- never mind apparent Obstruction of Justice -- is a clear felony.

    We're walking right into another constitutional crisis. Comparisons to Nixon's firing of Archibold Cox (The Saturday Night Massacre) are spot on.
  2. Re:Oh come now by i_like_spam · · Score: 5, Informative

    In all seriousness, at least Sen. Patrick Leahy is smart enough to know that emails are not easily erased.

    Quoting Leahy:
    "You can't erase e-mails, not today. They've gone through too many servers," said Leahy, D-Vt. "Those e-mails are there, they just don't want to produce them. We'll subpoena them if necessary."

  3. Re:Miraculously.. by maynard · · Score: 5, Informative

    Every President in the 20th Century fired all US Attorneys upon taking the oath of office and assuming the role of the Presidency. This is considered standard practice. Here is an LA Times article on the history of administration hirings upon inauguration:

    http://www.latimes.com/news/nationworld/nation/la- na-talking23mar23,0,3342736,full.story?coll=la-hom e-headlines

    Firing US Attorneys in term is another matter. That has happened only a few times over the last century, and always due to malfeasance or criminal activity on the part of the US Attorney in question. The Hatch Act (the subject of this discussion) expressly forbids political activity or partisan interference in both the Judiciary and the Justice Department (it also demands full records keeping for all Federal activities).

    It would appear our President and his advisers have committed felonies.

  4. Re:Miraculously.. by GungaDan · · Score: 5, Informative

    Educate yourself, and do not recycle talking points that were tried and discredited weeks ago. Clinton fired all but ONE USA at the *beginning* of his *first* term. The ONE USA he did not fire was the one who was investigating him. Clinton could have fired that USA, too, and been well within his rights, but he didn't so as to avoid the appearance of impropriety. Bush fired several USAs midway through his second term. Not typical. In fact, unprecedented.

    --
    Eloi are stupid, throw morlocks at them!
  5. Re:What a total outrage!!!! by drix · · Score: 4, Informative
    (Typical wingerdom on display here folks... draw a flawed analogy to something "the democrats" did, add a pithy response, and voila! Sleazy republicans, absolved of guilt. Don't buy into it.)

    I can't think of no better way to refute this sort of spew than to quote one if its finest purveyors back at you. Wall Street Journal, April 6, 2005:

    After a long investigation, however, Justice says the picture that emerged is of a man who knowingly and recklessly violated the law in handling classified documents, but who was not trying to hide any evidence. Prosecutors believe Mr. Berger genuinely wanted to prepare for his testimony before the 9/11 Commission but felt he was somehow above having to spend numerous hours in the Archives as the rules required, and that he didn't exactly know how to return the documents once he'd taken them out.

    More than a few conservatives have been crying foul, or whitewash, in part because Mr. Berger's plea means he'll likely avoid jail and lose his security clearance for only three years. So we called Justice Department Public Integrity chief prosecutor Noel Hillman, who assured us that Mr. Berger did not deny any documents to history. "There is no evidence that he intended to destroy originals," said Mr. Hillman. "There is no evidence that he did destroy originals. We have objectively and affirmatively confirmed that the contents of all the five documents at issue exist today and were made available to the 9/11 Commission." Sandy Berger was punished and the final result of his actions was, uhh, nothing. No information was permanently lost. Whichever one of Karl's minions clicked "delete" willfully and permanently erased years worth of evidence in a criminal investigation, and when the resulting obstruction charge is handed down, it's going to be extremely gratifying.

    So, recapping: your analogy is flawed, your point is wrong, and my guess is you knew all of this and went ahead and said it anyways. Cuz that's how you people operate. Lie till you get caught, then go on the offensive when you do.
    --

    I think there is a world market for maybe five personal web logs.
  6. Troll? by Mongoose · · Score: 4, Informative

    It's not a violation of the act. You have to use separate phones/email for "political purposes" ask Al Gore about his hearing for using the White House phone to drum up donations. Get your facts right. You can't force the White House to use government owned systems for that -- THAT is illegal. They could have stored copies of of the off-site system sure... but they have no law forcing them to do that. I hate to break it to you but you also can't force staff members to turn over their home answering machines either. What a weak troll. Even if you hate Bush you shouldn't stand for the power grab the Congress is going for lately. There is a reason we have a separation of powers. If you keep heading down this road the president becomes a figurehead, and soon the people that write the laws will be enforcing them as well. More likely not enforcing them and building bridges to nowhere.

  7. Re:Bush administration totally corrupted by Anonymous Coward · · Score: 5, Informative
    that the person who leaked that name was a rather vocal Bush critic (Dick Armitage) working at the State Department, and that no laws were broken.

    That is factually wrong. Laws were broken. A CIA agent was outed without proper clearance. The barrier between those who were allowed to know vs. the general public was crossed.

    Libby has been convicted of saying different things at different times about what he remembers about when he recalls talking to people about something that wasn't a problem and didn't cause any problems, except for himself.

    This is factually wrong. Libby was convicted of perjury. Perjury is purposefully lying under oath, in this case to a grand jury. Moreover, the "something that wasn't a problem" as you call it clearly WAS a problem, namely a CIA agent who had been working on counter-terrorism in the area of weapons of mass destruction was outed. Problems WERE caused-- not only the CIA agent was outed, but her entire network, including fake companies and other contacts were outed.

    She wasn't covert

    Factually wrong. Read her testimony. And I quote,

    "In the run-up to the war with Iraq, I worked in the Counterproliferation Division of the CIA, still as a covert officer whose affiliation with the CIA was classified,"


    the White House didn't leak her name

    Again, wrong. Although Armitage leaked her name first, her name was ALSO independently leaked by Rove and others to members of the media.

    Pretty straightforward to me.

    her husband's silly take on things has been roundly and thoroughly debunked, and he's been pointed out as lying about (or just being oily about) the whole thing from the beginning

    not sure which "silly take on things" you're referring to, but he was 100% correct about yellowcake in Niger and that he had been targeted by Rove and others in the White House has been confirmed in Dick Cheney's own handwriting.

    Perhaps you're thinking of the White House Press Secretary Scott McClellen's account that no one in the White House had leaked, which HAS been thoroughly debunked. Or maybe you're thinking of Bush's claim to that effect, and that anyone who had leaked would "no longer work" at the White House. Another lie.

    Where's the corruption in this?

    Where to begin... it could be in the White House's complete lack of support in finding the truth, lying to cover it up, lying about what the consequences would be if a traitor were found, lying to get us into a war, and then attacking an individual who was trying to get the truth out to the public. Somewhere in there.

    the special prosecutor, who knew the whole story almost immediately, worked this in an entirely political manner?

    Sorry, the special prosecutor had a theory (which turned out to be correct) about who the leaker was, but went to additional sources to confirm that this was in fact the leaker, the first leaker, and the ONLY leaker (which he was not). This requires interviewing more witnesses. Dick Cheney's 2nd man decided to lie under these circumstances, and to NOT bust him for this would endanger the legal process just as much as say, hiring a yes-man as the Attorney General or firing DAs for political reasons.

    Pull your head out of your ass, stop listening to Rush/Hannity for your news, and quit spreading such bald-face lies.

  8. Re:Typical outcome by Yunzil · · Score: 5, Informative

    And I'm still trying to figure out how Bill Clinton firing 93 US attorneys is justified while Gonzalez (allegedly at the direction of Bush) firing 8 is somehow a "scandal."

    Because firing them all when you take office is standard practice. Firing some of them in the middle of your term for political reasons (eg, they are in the process of investigating certain Republicans), is NOT standard practice and actually falls under a little something called "obstruction of justice".

    Pardon me, but your hypocrisy is showing.

    Your ignorance is.

  9. Re:Does this... by rhombic · · Score: 5, Informative

    No, we are investigating perjury and obstruction of Justice. Amazingly enough, those are the same exact charges for which the Republican senate tried to impeach Clinton.

    --
    1984 was supposed to be a warning, not an instruction manual.
  10. Not thousands of e-mails -- OVER FIVE MILLION by Artifice_Eternity · · Score: 5, Informative
    According to the non-partisan Citizens for Responsibility and Ethics in Washington:

    Washington, DC - Citizens for Responsibility and Ethics in Washington (CREW) today has released a report, WITHOUT A TRACE: The Missing White House Emails and the Violations of the Presidential Records Act, detailing the legal issues behind the story of the White House e-mail scandal. ... In a startling new revelation, CREW has also learned through two confidential sources that the Executive Office of the President (EOP) has lost over five million emails generated between March 2003 and October 2005. The White House counsel's office was advised of these problems in 2005 and CREW has been told that the White House was given a plan of action to recover these emails, but to date nothing has been done to rectify this significant loss of records.