Phantom Emails: The Eighteen Week Gap

Posted by Michael Link on April 13, 2007 at 01:26 PM

The scandal at the Justice Department and the White House concerning the firing of several U.S. Attorneys continues to raise eyebrows, most recently with the "missing" emails of White House staffers using an email system maintained by the Republican National Committee (RNC).

This is yet another spin-off scandal that's a product of the original one. With this igniting a firestorm of controversy, and with Alberto Gonzales testifying before the Senate Judiciary Committee on Tuesday, consider this a guide to the phantom emails.

A couple dozen White House employees are using an email system maintained by the RNC, which itself is the subject of much scrutiny, as they may have used it for official business. Karl Rove, for instance, "reportedly uses his RNC-provided account for approximately 95% of his communication." In August of 2004, due to "unspecified legal inquiries" that many believe involves Patrick Fitzgerald's investigation, the Republican National Committee stopped automatically deleting emails from the White House employees using their system.

Rep. Waxman, Chairman of the House Committee on Oversight and Government Reform, previously asked the RNC (and the Bush-Cheney '04 campaign) to retain copies of the emails sent by White House officials after discovering that they had been used in discussion with the scandal surrounding the firings of the U.S. Attorneys.

This is where it gets particularly interesting. In a recent letter from Rep. Waxman yesterday to Attorney General Alberto Gonzales, he notes that the RNC's chief council says that "although the hold started in August 2004, the RNC does not have any e-mails prior to 2005 for Mr. Rove." And then there's this nugget:

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.

That's one possible explanation for what happened to the pre-2005 emails, says the RNC's chief council. After 2005, once the RNC put into place an automatic archive policy for Rove that removed his ability to personally delete emails, the emails presumably exist.

So now there's a gap in emails, from August 2004 to presumably early 2005, that's being compared to the famous missing 18 minute gap of the Nixon tapes.

But are the emails really missing? Well, for the answer to that question, take a look at what Senator Leahy had to say:

There are also additional notes on the side that merit attention:

  • Originally, the White House claimed that "only a handful" of White House employees were using the RNC email system. It turns out that over the years, that number has been closer to 50.

  • In addition to the phantom RNC emails, CREW, an ethics watchdog group, claims that "Executive Office of the President (EOP) has lost over five million emails generated between March 2003 and October 2005." These are unrelated to the RNC emails, and were seemingly cited in a letter from Patrick Fitzgerald to Scooter Libby's attorney.

  • John Conyers, Chairman of the House Judiciary Committee, has demanded that the RNC hand over emails related to the U.S. Attorney scandal. In his letter, he states the following:

    We have also been advised that there may be RNC e-mail traffic relating to Republican Party concerns about the United States Attorney in Milwaukee, Wisconsin, prior to his announcing, on the eve of the hotly contested 2006 gubernatorial election, that he was indicting an official in the incumbent Democratic governor's administration.

So there you go. That's where we find ourselves today. More seems to be coming out on a daily basis again, and there was just a big document dump from the Justice Department related to the U.S. Attorney scandal, so stay tuned.

Comments (15) «

Is this an new WATERGATE ???!!!

1
Brain on April 13, 2007 at 03:24 PM

The only missing is their integrity.

2
SandyH on April 13, 2007 at 03:28 PM

Remember that email that flew around "the internets" a few months after Bush took office...the one that told us how there was a special "snap" to the salutes of the soldiers guarding the helicopter as Bush passed them? About how people in the Executive Office were wearing business suits instead of ties? It went on and on about how "respect" for the office of the presidency had been returned with Bush's arrival. Honor, accountability, integrity, etc. You know...a giant, stinking load of crap of biblical proportions.

3
BaronScarpia on April 13, 2007 at 03:36 PM

If it's Friday, that must mean the White House is dumping more bad news hoping no one will notice.

Those e-mails exist. The only thing missing is their integrity.

Subpoena those hard drives and outsource the investigation to an independent special prosecutor immediately. If we need to pass new legislation to authorize one, Congress should do it. When Bush vetoes it, impeach him. Such an action would be a clear attempt to impede justice.

This is another Watergate. Only this time it's originating from the Department of Justice. The plot was hatched and nurtured by President Bush's Deputy White House Chief of Staff Rove and the Attorney General of the United States Gonzales.

At least Nixon was an accessory after the fact. Bush is in this up to his pretzel hole. Mistress Goodling had better prepare herself to wear a Scarlet Letter.

4
SandyH on April 13, 2007 at 03:54 PM

Now Karl's attorney say Karley boy did NOT just delete his own emails, and we are so bad to think that he would do such a thing. A nice Christian boy like that!!!

WASHINGTON (AP) -- Karl Rove's lawyer on Friday dismissed the notion that President Bush's chief political adviser intentionally deleted his own e-mails from a Republican-sponsored server, saying Rove believed the communications were being preserved in accordance with the law.

http://www.cnn.com/2007/POLITICS/04/13/fired.prosecutors.ap/index.html

5
PamB on April 13, 2007 at 04:19 PM

Posted by PamB on April 13, 2007 at 04:19 PM

The prosecutor probing the Valerie Plame spy case saw and copied all of Rove's e-mails from his various accounts after searching Rove's laptop, his home computer, and the handheld computer devices he used for both the White House and Republican National Committee, Luskin said.

The prosecutor, Patrick Fitzgerald, subpoenaed the e-mails from the White House, the RNC and Bush's re-election campaign, he added.

"There's never been any suggestion that Fitzgerald had anything less than a complete record," Luskin said.


Until now? So is he admitting that there may be a chance Fitzgerald didn't see all of Rove's RNC e-mails?

6
SandyH on April 13, 2007 at 04:52 PM

If you read the small print, he's leaving open the possibility that Rove personally deleted the emails. Instead, he's simply saying that Rove didn't know he was deleting it from the server.

7
MichaelLink on April 13, 2007 at 04:53 PM

What I don't understand is how this administration can have so many scandals, over and over and next to nothing is done. And I'm not talking about anything 'small potatoes' like Clinton's adultery in which he only hurt his family. I'm talking about huge scandals that effect this country and beyond our borders.

The good citizens of Vermont seem to be the only ones publicly calling for Bush's impeachment. Where is everyone else on this? Where are our democrats in Congress? Bush and Cheney should both be impeached (although I'm not sure - can a VP be impeached?). And Rove! The man has proven himself a criminal countless times yet he is still in place.

These three men believe themselves to be untouchable, and so far they've been right.

8
DonnaL on April 13, 2007 at 06:58 PM

"...whether ours shall be a government of laws and not of men is now for Congress and ultimately the American people." -Archibald Cox

The American people have spoken in the last election cycle in spite of all the dirty tricks, now what of the Congress? At this stage there is no reason to continue to compromise or negotiate with this administration.

The more deals with the Devil congressional Democrats make, the more the Devil wins. Each time that happens they place the future of their majority at greater risk.

Americans are fundamentally honest people even if the Republicans they thought were republicans are fundamentally dishonest and dishonorable.

Many would prefer the bare iron fist of Fascism to a velvet-gloved Clintonesque variety. They will return to it if that is the only choice given.

Democrats and democrats should not begrudge them this. Take a stand for the principles of an authentic democratic republic and success is certain.

9
The_Mother_Road on April 14, 2007 at 02:03 AM

Bill Maher, who I take with a grain of salt, brought out another dimension of the Department of Justice scandal in his show last night. I had previously missed the reporting on Monica Goodling's education background and the political appointment of her and 149 of her fellow graduates of Regent, a 4th tier law school founded by Pat Robertson. These people have been crafting our judiciary to meet their ideology. Read more in the linked article here: http://www.boston.com/news/education/higher/articles/2007/04/08/scandal_puts_spotlight_on_christian_law_school/?page=1

10
magpi on April 14, 2007 at 10:30 AM

I think you Senator Leahy must do what he has to do to get the informtion needed. This arrogant administration must be shown that its reputation is beyond repair and that if the e-mails have to be supeonead then do it and never look back. The public is so tired of this lying bunch that I think most everyone would cheer you. And Rove is a real thug. We in Texas knew that for a long time. He needs to be gone. We appreciate so much what you are doing. Thanks and dont' hesitate a minute. Thanks for listening. Ada H. Manning, Ft. Worth, Tx.

11
SusanLynne on April 14, 2007 at 09:15 PM

On the Ed Schultz show in Madison, Wisconsin last week, a veteran who just left the military said that there is an archive of back-up tapes of all White House e-mail. Ed Schultz suggested that the Senate committee call this veteran or his contacts as a witness. I agree with Ed Schultz's idea. There should be a follow-up about what this veteran and the friend he referred to know about the back-up tapes.

12
proud2Bliberal on April 15, 2007 at 10:52 AM

What the veteran probably knows is that most government servers automatically back up emails. Actually most servers back up such stuff, that's why emails which the recipients thought they erased, can still be called up.
The person they need to subpoena is the tecchie who's job it is to keep the servers running. He could probably tell them all sorts of fascinating things about the White House email system.

13
Butte on April 16, 2007 at 01:29 AM

I have been involved within an incident with the USDOJ involving illegal surveillance where I have documented proof that a major USDOJ federal law enforcement agency has lied twice in writing to one of my state senators the Hon. Charles Schumer.

The FBI & the OIG have been contacted and both agencies refuse to respond to my requests for assistance. To date they still have not come forward to acknowledge this. You can follow my url for more information any support in this matter would be greatly appreciated. Thank you.

daprocess.com

14
mrreynolds on April 17, 2007 at 02:23 AM

Deleted E-mail! I should worry about this? What about Sandy Berger and the stealing and destroying of sensitive documents? Firing of U.S. Attorneys! What was it five or six? What about Clinton's firing of all of them? Who prompted Sander Berger to get rid of incriminating evidence? Could it be Bill and Hillary? The Democrats as well as the Republicans (and politicians) are listed in the dictionary under hypocrits, deceivers, egoist, power hungry, etc. Unless we demand honesty and intregrity of those who have been elected to serve us, the citizens of this country, instead of overlooking the underhanded dealings and their own personal agendas, we deserve what we get when they are in office. Bill and Hillary and even Nancy Pelosi have been put on pedestal, but if you really look into their dealings, which most Democrats refuse to do, then things in Washington will never change. Mores the pity - The American citizens will once again be the ones paying the price for this non-representation.

15
SanteeCA on April 18, 2007 at 11:46 AM


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