Thursday, April 12, 2007

Is this Our 18 Minute Gap Moment?

I've been out all day and am still catching up, so I'm gonna just quote Froomkin here, since he seems to have it all summed up:

Countless e-mails to and from many key White House staffers have been deleted -- lost to history and placed out of reach of congressional subpoenas -- due to a brazen violation of internal White House policy that was allowed to continue for more than six years, the White House acknowledged yesterday.

The leading culprit appears to be President Bush's enormously influential political adviser Karl Rove, who reportedly used his Republican National Committee-provided Blackberry and e-mail accounts for most of his electronic communication.

Until 2004, all e-mail on RNC accounts was routinely deleted after 30 days. Since 2004, White House staffers using those accounts have been able to save their e-mail indefinitely -- but have also been able to delete whatever they felt like deleting. By comparison, the White House e-mail system preserves absolutely everything forever, in accordance with the Presidential Records Act.

The White House yesterday said it has no idea how many e-mails have been lost.

In an afternoon conference call with reporters, White House spokesman Scott Stanzel spread the blame all around. "White House policy did not give clear enough guidance," he said. "The oversight of that wasn't aggressive enough." And individual White House staffers "did not do a good enough job of following existing preservation policy -- or seeking guidance."

Said Stanzel: "I guess the bottom line is that our policy at the White House was not clear enough for employees."

But when I asked Stanzel to read out loud the White House e-mail policy, it seemed clear enough to me: "Federal law requires the preservation of electronic communications sent or received by White House staff," says the handbook that all staffers are given and expected to read and comply with.

"As a result, personnel working on behalf of the EOP [Executive Office of the President] are expected to only use government-provided e-mail services for all official communication."

The handbook further explains: "The official EOP e-mail system is designed to automatically comply with records management requirements."

And if that wasn't clear enough, the handbook notes -- as was the case in the Clinton administration -- that "commercial or free e-mail sites and chat rooms are blocked from the EOP network to help staff members ensure compliance and to prevent the circumvention of the records management requirements."

Stanzel refused to publicly release the relevant portions of the White House staff manual and denied my request to make public the transcript of the call, which lasted more than an hour but which -- due to Stanzel's refusal or inability to provide straight answers on many issues -- raised more questions than it answered.

Stanzel said that "some people" may have used their non-government accounts for official business due to "an abundance of caution" in order to avoid violating the Hatch Act, which prohibits the use of government e-mail for overtly political purposes, such as fundraising -- and due to "logistical convenience."


There's a lot more so go read it. Looks like they were skirting the document recording and security regs, got busted, dumped the offending messages, and got busted for that too. One can only presume that being busted for whatever's in the messages would be worse than being busted for dumping.

UPDATE: DailyKos says not only do have our 18 minute gap moment, we've got a BUNCH of em.

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