Author Archives: Michael Froomkin

Kevin Drum points to a fascinating update on the email trail at The Washington Monthly,

MISSING EMAILS UPDATE….Remember all those missing emails the White House told us about yesterday? Turns out the RNC does have copies on its servers. Whew. Apparently, back in 2004, as part of the Valerie Plame investigation, Patrick Fitzgerald told them to stop deleting emails.

So they did. Except, it turns out, for Karl Rove's emails, many of which are still missing. Now that's just plain peculiar, isn't it?

Fuller story at TMP Muckraker. It's really worth reading.

Update: And this canny comment from Josh Marshall,

I can say that I am very confident, very confident that … orders from Pat Fitzgerald were the reason for the change in White House policy in 2004. So the change in policy was tied to yet another criminal investigation of the White House. And the White House and the key employees in question — namely Karl Rove and people working for him at the White House political office — were specifically on notice not to destroy the emails they sent through the RNC servers. And yet they took affirmative steps to continuing destroying them, even after all of this had happened.

CREW says,

Through two confidential sources, CREW learned 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.

Full report on the legal background online too.

5,000,000 in 30 months. That's 166,666/month. Or about 5,500 per day. How many people is that?

Update: Some relevant data on that question.

SO, those RNC emails that Karl Rove et all were sending each other about official business while staying off the radar of the official archives…. It seems that a bunch of them were accidentally deleted.

The White House said Wednesday it had mishandled Republican Party-sponsored e-mail accounts used by nearly two dozen presidential aides, resulting in the loss of an undetermined number of e-mails concerning official White House business.

…

[WH spokesman Scott] Stanzel said he could not speak to whether anyone was intentionally trying to avoid White House archiving because he had not spoken to all those involved.

Stanzel said some e-mails have been lost because the White House lacked clear policies on complying with Presidential Records Act requirements.

Before 2004, for instance, e-mails to and from the accounts were typically automatically deleted every 30 days along with all other RNC e-mails. Even though that was changed in 2004, so that the White House staffers with those accounts were excluded from the RNC's automatic deletion policy, some of their e-mails were lost anyway when individual aides deleted their own files, Stanzel said.

He could not say what had been lost, and said the White House is working to recover as many as they can. The White House has now shut off employees' ability to delete e-mails on the separate accounts, and is briefing staffers on how to better make determinations about when — and when not — to use them, Stanzel said.

Watergate anyone?

History repeats itself, the first time as tragedy, the second time as farce.

I take it this is the first time?