The Emails the White House Doesn't Want You to See

The U.S Attorney firings provide more evidence of the Bush administration avoiding its own email system (and accountability, posterity, prosecution).

Fri March 30, 2007 12:00 AM PST

When that moment arrived, scarcely a year into President Bush's first term, the president signed a controversial executive order that, among other things, claims broad authority to review and block the release of presidential papers and extends executive privilege to the heirs of the officeholder and to the Vice President. The order was met with outrage by archivists and historians, some of whom argue that this statute effectively gives the administration the power to write its own history. "This is very much pre-Nixon in the sense that they want presidents and their families to control what people see and what they cannot see, what history they can write and what history they cannot write," says Montgomery, the presidential papers expert. "They want to manage their own historical legacy."

John Carlin, the former governor of Kansas who served as the national archivist from 1995 to 2005, says the administration's expansion of executive privilege "was probably the major issue where we as an agency disagreed with the White House." Carlin, who was asked to resign from the National Archives in December 2003 by then-White House counsel Alberto Gonzales, no explanation given, says his agency was granted ample opportunity to object to the directive, but, in the end, "We said our piece and they made their decision."

The president's executive order has long been the subject of bi-partisan concern in Congress and, in March, legislation passed the House that would essentially revoke it. But even before the measure could come to a vote, the White House issued a veto threat, writing in a Statement of Administration Policy that "executive privilege is not subject to Congressional regulation, but rather arises directly from the Constitution itself."

In this context, the news that at least some White House officials are using alternate email accounts to avoid creating an official record of their communications seems to fit a broader pattern. But in many ways, says Steven Hensen, the past president of the Society of American Archivists and the technical director of Duke University's archives, this practice seems "a bit more devious." "It clearly looks like an attempt to conceal official business," he says.

Asked about the use of RNC email accounts during a press briefing on March 27, White House spokesperson Dana Perino played down this unusual practice. "What I know—I checked into this—is that certain White House officials and staff members who have responsibilities that straddle both worlds, that have responsibilities in communication, regularly interface with political organizations, do have a separate email account for those political communications. That is entirely appropriate, especially when you think of it in this case, that the practice is in place and followed precisely to avoid any inadvertent violations of what is called the Hatch Act…. Under an abundance of caution so that they don't violate the Hatch Act, they have these separate emails." She added that "people are encouraged, on official White House business, to use their official White House accounts."

The Hatch Act prohibits federal employees from engaging in political activity while on the job. But, according to two lawyers I spoke with, both of them well versed in the details of that law, this rationale doesn't entirely hold water. A lawyer who works for the Office of Special Counsel, the agency charged with investigating Hatch Act violations, told me that Senate-confirmed presidential appointees as well as staffers whose salaries are paid from an appropriation for the Executive Office of the President are exempt from some of the strictures of that law and are allowed to engage in political activity. (No federal employee, however, is allowed to fundraise on the job, or solicit or discourage the political activity of people with business before their agencies.) And even if they weren't exempt, simply using a non-government email account wouldn't make any difference, the lawyer explained. "Using my personal account or some other email account that's not a federal email account would not remove me from the prohibition if I'm still either on duty or in a federal building."

Perino's explanation doesn't hold up on another level as well. Since the administration has been so insistent that the eight fired U.S. attorneys were let go for performance rather than political reasons, how to explain why Rove aide J. Scott Jennings was using his "political" email account to push for Tim Griffin, a former Rove aide, to take over Bud Cummins' job as the U.S. Attorney for the Eastern District of Arkansas? "The statements from the White House so far have been rather confusing," says the Waxman aide. "Very odd."

While some White House officials may legitimately be using RNC-issued laptops and BlackBerrys to conduct party business, it's clear that others are taking pains to use alternate email accounts simply to keep their communications from becoming public record. In 2004, U.S. News & World Report noted, in a three-sentence item, that many White House aides had begun using Web-based email in order to avoid the White House system. "I don't want my E-mail made public," one White House "insider" told the magazine. "It's Yahoo!, baby," another said.

In the Clinton White House, according to an official staff manual circa 1997, there was a strict prohibition against using anything but the official system. In addition, a 2000 directive to White House staff states that "the system designated for EOP [Executive Office of the President] mail… is to be used exclusively for E-mail communications within the EOP Complex and with outside parties. Other applications (e.g., commercial E-mail services) may not be used to send or receive E-mail."

Whether or not the use of non-governmental email accounts ultimately breaches the Presidential Records Act, it virtually assures an incomplete historical record of the Bush presidency. "The only way accurate history can be written is if the full records are available to evaluate," says John Carlin, the former national archivist, who did not want to weigh in directly on the current controversy. "Records undergird a democracy."

But the email controversy may be of significance not only to historians who will pour over the Bush papers in years to come, but to others who are working to provide present-day accountability. Indeed, among other people, these revelations could be of particular interest to a certain federal prosecutor who recently won the conviction of the Vice President's former chief of staff, I. Lewis Libby, on charges of obstructing an investigation into the leak of Valerie Wilson's identity. Contained in the lengthy docket of U.S.A. v. Libby is a January 23, 2006 letter from special prosecutor Patrick Fitzgerald to Libby's defense team, who were then jousting over classified discovery. In it, Fitzgerald advises Libby's attorneys, "in an abundance of caution," that "we have learned that not all email of the Office of Vice President and the Executive Office of the President for certain time periods in 2003 was preserved through the normal archiving process on the White House computer system." Though the prosecution later received an additional 250 pages of records from the vice president's office, it remains unclear what the true nature of this archiving problem was or whether Fitzgerald received all of the documents that may have been relevant to his investigation. (Fitzgerald's office declined to comment after being provided with a detailed request.) Perhaps Fitzgerald, along with other investigators who have sought White House records, was looking in the wrong place. He may want to check the RNC's servers.

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Daniel Schulman is Mother Jones' Washington-based news editor. For more of his stories, click here. To follow him on Twitter, click here.

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Submitted by Jon (not verified) on July 10, 2007 - 11:46am.

Title should read "The Email the White House Doesn't Want You to See"

Submitted by Mr, Monday Josiah (not verified) on August 23, 2007 - 9:23am.

UNION BANK OF NIGERIA PLC
LAGOS-NIGERIA.

Dear Sir,

I am Mr,Monday Josiah of Bills and Exchange at the foreign remitance department of the Union Bank of Nigeria Plc. I am writing this letter to ask for your suppport and coperation to carry out this businessopportunity in my department.

I discovered an abandoned sum of $20.565m (twenty million, five hundred and sixty five thousand united states dollars only) in Account Number 11008734290 status of account fixed deposit account,that belongs to one of our foreign customer Mr.Lee Wong C.E.O.,WONG LEE CONSTRUCTION COMPANY LAGOS NIGERIA LIMITED,Who died along with his entire family in November 1998 in a plane crash.

Since we got information about his death we can not release the money unless somebody applies for it as the next of kin or relation to the deceased.As indicated in our banking guidelines. Unfortunately,neither the family members nor the relations have appeared to claim this money.

At this discovery,I decided to do business with you and release the money to you as the next of kin or relation of the deceased for safety and subsequent disbursement since nobody is coming for it and I don't want this money to go into the bank trasury account as an unclaimed debt. Thebanking law and guidelines of Union Bank of Nigeria Plc stipulates that if such money remained unclaimed for a period of Ten (10) years it will be transfered into the bank treasury as unclaimed fund.the need for a foreigner as next of kin in this siness is occasioned by the fact that the costomer was a foreigner and as a Nigerian cannot stand as his next of kin or heir.

I agreed that 30% of the money will be for you as foreign partner,thereafter I will visit your country for disbursement according to the percentage indicated.Therefore to enable the lmmediate transfer of the fund to you as indicated. You must apply to the bank as relation or next of kin of the deceased.Indicating your bank acount number and indicating where the
money will be remitted.Upon receipt of reply.

I will send to you the text of application as soon as you receieve this letter you should reach me through my above e-mail immediately and indicate your direct and confidencial telephone number for effective communication. Hoping to hear from you through myalternativemail: monday_josiah@yahoo.com
address asstated above.

Yours Faithfully,

MR,monday Josiah

Submitted by faith (not verified) on September 8, 2007 - 7:12am.

go george bush!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Submitted by Damari Stratford (not verified) on October 8, 2007 - 6:18am.

To whom it may concern, 10/03/2007

A CRY FOR HELP

Please help the little person fight corporate America and their lies and false statements

On, Feb. 16, 2006 someone representing Citigroup Inc at One Court Square, 14th Floor, Long Island City, NY 11120, submitted a rebuttal to Ann Luekeman, Consultant for the Department of Fair Employment and Housing at 111 N Market Street, Suite 810, San Jose Ca 95112, and the statement entered is false and full of lies . Ann Luekeman also conducted the interviews for the investigation and was also lied to by Jeff Ursino and Kathleen Munoz during their interviews. I feel that the case needs to be investigated due to the fact that the DFEH made their decision with false statements submitted by Citigroup attorney and their employees. Sheri Paulo, the Employee Relations director for Citigroup was aware of the false information submitted yet even though they/she said they would submit a new statement they did not and stood by the lies knowing they were lies. I was wrongfully termination, harassed, by Jeff Ursino, and I can’t understand how an attorney lies to the DFEH and then they aren’t held accountable. This is unethical behavior on all those whom lied and I have to pay for their lies. Citigroup violated several Ca labor codes in the process of firing me nor did Citibank follow their own firing procedures. I was not offered FMLA until months later.
I am begging that someone out there will help a mother who was simply trying to work be a mom and a wife making a honest living yet the manager and supervisor both lied as well as the Citigroup lawyers. Their lawyers requested more time to answer the DFEH yet submitted false information and this is unethical, please help us. I have been on disability since I was fired on 12/13/05 via UPS, I did not know I had lost my job until 12/15/05 because I was out on a workers comp pending case when I was fired. Violation 132A.My last pay check was direct deposited into my checking account, it was not included with my letter of termination. I would like to know who submitted these false statements for Citicorp and or Citibank and Citigroup. I don’t have a team of attorneys as they do or the funds to hire the right attorney to get to the truth. Please help us.

Sincerely,

Damari Stratford
1291 Ord Grove Ave
Seaside, Ca 93955
831-236-0112

Submitted by lawrence (not verified) on November 4, 2007 - 6:19pm.

(looking for atm card)

THIS CARD CENTER WILL SEND YOU AN ATM CARD WHICH YOU WILL USE TO
WITHDRAW YOUR MONEY AT ANY ATM MACHINE IN ANY PART OF THE WORLD, BUT YOU ARE
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THOUSAND, FIVE HUNDRED UNITED STATES DOLLARS) PER DAY.

(contact this address to obtian the card)

barcays_account@yahoo.com)

Submitted by Che2 (not verified) on January 14, 2008 - 5:14pm.

If they have nothing to hide....(whats the big deal)STOP making up phonie excuses....we all know its just hiding their dirty laundry

Submitted by The Conservative Deflator (not verified) on January 17, 2008 - 12:56pm.

Subpoena, indict, impeach and imprison these filthy criminals from our bird-witted president, through lying, bald-heade cardiac case VP, to Secretary of Defense, to Sec. of State Kindasleezy Rice, to Karl Rove and down to the White House janitor. These filthy, despicable criminals are traitors to the United States and deserve to spend the rest of their pathetic lives in a federal prison! Write your Congressperson today and demand these scumsuckers be held accountable for their actions!!!

Submitted by A. J. Brown (not verified) on October 2, 2008 - 2:16pm.

Hey guys please find enclosed a writing titled “545 People” for me it shed light on a system in need of repair. Could it be a government mostly designed 18th century may not work in the 21st century? As the years past lobbyist and greed was not the norm. I do not know the answer however…anytime a small group of people can spend $700 million dollars of our kid’s future contrary to the majority of Americans desires….change must certainly follow…I thought our representatives spoke for us…now it seems we need lobbyist to speak for us to our representatives I am A. J. Brown a ignored American and I approve the above message. God bless America.

545 PEOPLE
By Charlie Reese

Politicians are the only people in the world who create problems
and then campaign against them. Have you ever wondered why, if both
the Democrats and the Republicans are against deficits, we have deficits?

Have you ever wondered why, if all the politicians are against
inflation and high taxes, we have inflation and high taxes? You and I don't
propose a federal budget. The president does.

You and I don't have the Constitutional authority to vote on
appropriations. The House of Representatives does. You and I don't
write the tax code, Congress does. You and I don't set fiscal policy,\
Congress does. You and I don't control monetary policy, the Federal Reserve
Bank does.

One hundred senators, 435 congressmen, one president, and nine
Supreme Court justices 545 human beings out of the 300 million are
directly, legally, morally, and individually responsible for the
domestic problems that plague this country.

I excluded the members of the Federal Reserve Board because that
problem was created by the Congress. In 1913, Congress delegated its
Constitutional duty to provide a sound currency to a federally
chartered, but private, central bank.

I excluded all the special interests and lobbyists for a sound
reason. They have no legal authority. They have no ability to coerce
a senator, a congressman, or a president to do one cotton-picking thing.
I don't care if they offer a politician $1 million dollars in cash.
The politician has the power to accept or reject it. No matter what
the lobbyist promises, it is the legislator's responsibility to
determine how he votes.

Those 545 human beings spend much of their energy convincing you
that what they did is not their fault. They cooperate in this common
con regardless of party.

What separates a politician from a normal human being is an
excessive amount of gall. No normal human being would have the gall of
a Speaker, who stood up and criticized the President for creating
deficits. The president can only propose a budget. He cannot force
the Congress to accept it.

The Constitution, which is the supreme law of the land, gives
sole responsibility to the House of Representatives for originating and
approving appropriations and taxes. Who is the speaker of the House?
She is the leader of the majority party. She and fellow House members,
not the president, can approve any budget they want. If the president
vetoes it, they can pass it over his veto if they agree to.

It seems inconceivable to me that a nation of 300 million can
not replace 545 people who stand convicted -- by present facts -- of
incompetence and irresponsibility. I can't think of a single domestic
problem that is not traceable directly to those 545 people. When you
fully grasp the plain truth that 545 people exercise the power of the
federal government, then it must follow that what exists is what they
want to exist.

If the tax code is unfair, it's because they want it unfair. cIf the budget is in the red, it's because they want it in the red. If the Marines are in IRAQ , it's because they want them in IRAQ
.
If they do not receive social security but are on an elite retirement plan not available to the people, it's because they want it that way. There are no insoluble government problems.

Do not let these 545 people shift the blame to bureaucrats, whom
they hire and whose jobs they can abolish; to lobbyists, whose gifts and
advice they can reject; to regulators, to whom they give the power to
regulate and from whom they can take this power. Above all, do not let
them con you into the belief that there exists disembodied mystical
forces like "the economy," "inflation," or "politics" that prevent them
from doing what they take an oath to do.

Those 545 people, and they alone, are responsible. They, and they alone, have the power. They, and they alone, should be held accountable by the people who are their bosses provided the voters have the gumption to manage their own employees.

We should vote all of them out of office and clean up theirmess! Charlie Reese is a former columnist of the Orlando Sentinel Newspaper. What you do with this article now that you have read it is up to you, though you appear to have several choices.

1. You can send this to everyone in your address book, and
hope they do something about it.

2. You can agree to vote against everyone that is currently
in office, knowing that the process will take several years.

3. You can decide to run for office yourself and agree to do
the job properly.

4. Lastly, you can sit back and do nothing, or re-elect the
current bunch.

YOU DECIDE

Submitted by Grip (not verified) on December 15, 2008 - 7:41am.

Whatever.

Submitted by aaron anderson (not verified) on December 30, 2008 - 4:30pm.

I am a retired marine, work as a janitor. how do I get a job working
in the white house?

Submitted by nathalieramirez60yahoo.co (not verified) on January 20, 2009 - 6:42am.

Hi brack obama are happy you are in white
washington dc I see you walking in the

i am so glad obama is in

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i am so glad obama is in office. i am tired of these crooks like bush.

i want to work in usa how to

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