Those pesky missing emails

When it comes to those missing emails from Dick Cheney’s office, this is exactly the kind of Plame-related conversation, on CNN no less, that the White House doesn’t want to hear.

Wolf Blitzer: [W]hen I hear a story like this, it hearkens back, I remember, of course, some of those missing tapes during Watergate and the Nixon White House that evidence may have been destroyed. This may be totally, totally overreaching. There may be a simple explanation, but the fact that the prosecutor writes this letter saying what happened to this — to these e-mails, that raises certain questions.

Legal analyst Jeffrey Toobin: And certainly the Iran-Contra affair was based almost entirely on electronic messages, so-called prof notes sent between Oliver North and colleagues. They have been crucial evidence in all White House investigations. What happened to them? A lot of things get destroyed in the normal course of business. Why were the normal procedures not followed? As you point out, could be completely innocent. But we just don’t know.

Did you notice how both of the two biggest political scandals of the 20th century — Watergate and Iran-Contra — were mentioned in those two paragraphs? I thought you might.

A national AP story followed up on the original revelations about the missing emails today, noting that Patrick Fitzgerald is inquiring about email that was supposed to be archived — but wasn’t.

It’s worth noting, of course, that Fitzgerald told Libby’s defense team, “We are aware of no evidence pertinent to the charges against defendant Libby which has been destroyed.” Then again, that doesn’t mean the missing emails are irrelevant, only that prosecutors don’t know whether the materials are relevant or not.

As Steve Aftergood, director of the Federation of American Scientists’ government secrecy project, said, “Bottom line: Accidents happen and there could be a benign explanation, but this is highly irregular and invites suspicion.”

That seems fair. It’s not as if the Bush White House, or Dick Cheney’s office in particular, has earned the benefit of the doubt at this point.

I was particularly fond of Digby’s perspective on this.

These missing Cheney e-mails are very intriguing. This is particularly so because we went though a similar event during the Clinton administration and the Republicans went completely ape-shit over it. In 2000, it was revealed (through the machinations of Judicial Watch) that some emails had not been properly archived and it was suspected that some of Monica Lewinsky’s had not been turned over as a result. Dan Burton held hearings and the Independent Counsel, Robert Ray, was assigned to look into it.

Yes, I remember this well. The Clinton White House’s system had some missing emails — remember, in the ’90s, emails were no where near as ubiquitous as they are now and the president himself rarely used the system — due to what officials described as a technical breakdown. The new-and-improved system is supposed to work — and yet there’s this Cheney-related problem anyway.

The House GOP flipped out when it applied to Clinton. Let’s see how long it takes for some of the very same lawmakers, in the same chamber, and with the same oversight responsibilities, to act in a consistent fashion. As Digby put it, “[T]here is ample precedent for a full-on congressional hissy fit and a thorough special counsel investigation.”

All true. But I’m still not holding my breath waiting for House Republicans to take their duties seriously.

Don’t hold your breath waiting for House Republicans to take their duties seriously. As for CNN’s Wolf Blitzer recalling Watergate and Iran-Contra, that will be it. The story, just like all the others dealing with the deep corruption in the GOP will not be covered. A mention here and there, then on to Iran, child molesters, etc.
Ken Lay and friend are on trial. Court TV is more interested in murder cases. No in-depth coverage because they are Bush’s friends.
We have lost our republic and nobody seems to give a damn.

  • I give a damn! These bastards are the most dishonest group we have ever had. I also suppose everyone who comments here is on the list to be spyed on.

  • Steve:

    You are overdoing it again. Do you really think that Teapot Dome does not compare with either Iran-Contra or Watergate?

    “Did you notice how both of the two biggest political scandals of the 20th century — Watergate and Iran-Contra — were mentioned in those two paragraphs?”

    Did you notice how two of the biggest political scandals of the 20th century — Watergate and Iran-Contra — were mentioned in those two paragraphs?

    You get basically the same point across and you don’t create a strawman for some wingnut to destroy.

    Do you think I am splitting hairs needlessly?

  • Do you really think that Teapot Dome does not compare with either Iran-Contra or Watergate?

    Well, for what it’s worth, I’d say Teapot Dome was the third biggest scandal of the 20th century — but the chances of Wolf Blitzer bringing it up aren’t very good.

  • A lot of people have always said that if Nixon had just destroyed the tapes when their existence was first reported, he would have taken a hit but survived.

    Karl and the VP and Scooter know this They deleted these e-mails and are now saying “they’re gone, you know what we did to them, but you won’t be able to prove it – what are you going to do about it”.

    These guys have no respect for the rule of law.

  • Actually, I’d call the invasion of Iraq the biggest
    scandal of American history. And that doesn’t
    include failure to protect our troops, the failure
    to anticipate the insurgency, and the horrible
    blooming scandal in the reconstruction mess.
    And just wait until we find out who’s really raking
    in the cash in the rebuilding of New Orleans, if
    we ever get around to it.

    But these will never be investigated, so maybe
    they don’t count.

  • I read Fitzgerald’s responses differently. I think he was informing the Libby defense team that 1) he knows the normal archiving didn’t work as designed (advertantly or not), and 2) he also (by some other means, e.g. from some backup) knows what is in those missing emails. He is saying that nothing in those missing emails is relevant to the current charges against Libby (which are quite narrow) and so he has nothing to turn over to the defense, but is leaving open the possibility that there may be something there that would lead to other charges (e.g. espionage act), i.e. he is suggesting a plea.

  • I immediately thought “Teapot Dome” also, but didn’t want to be a kvetch about it (thanks, neil) – but since that door has been opened… I’d rank the Dome higher than Iran-Contra. Maybe if Bush41 hadn’t pardoned everyone…

  • The emails still exist.

    If there is one thing you can count on it is incompetent government computing.

    Impound the hard drives of the various servers… and take a look at the underlying bits.

  • koreyel, you beat me to it. If the FBI doesn’t have any wise guys that can recover those emails, I know two teenagers that can.

  • Let me give it to you in Texan, There`s law, and then there is Bush law. Now get up on Brokeback and wait for Dick !

  • This discussion was going on over at Kos yesterday and someone brought up a very good point. There actually should be 2 copies of the emails, one on the sender’s computer, and one on the recipient’s computer. This doesn’t include whatever archiving system that is in place. Those emails exist somewhere.

  • Here’s a bit more on the Plame case.
    .
    It’s a COINCIDENCE THEORY – Dr. Kelly
    .
    Looking at this…
    .
    National Journal Article
    .
    And to continue the time line, though this might in fact be an honest to goodness coincidence, Dr. Kelly was found dead on July 18.
    .
    Coincidence? It seems unlikely but this is/was America.
    .
    .
    David Kelly – Wikipedia, the free encyclopedia
    Please read Wikipedia founder Jimmy Wales’s personal appeal. David Kelly. From Wikipedia, the free encyclopedia. Contents. Biography. Kelly was born in the Rhondda in Wales. … David Kelly, see David Kelly (disambiguation). Dr. David Christopher Kelly CMG (May 17, 1944 – July 17, 2003) was … and he was found dead days after appearing before a …
    .
    and…
    .
    Guardian Unlimited | The Guardian | Our doubts about Dr Kelly’s suicide
    Search this site. In this section. Letters. Our doubts about Dr Kelly’s suicide. Tuesday January 27, 2004. The Guardian … Hutton inquiry has demonstrated that Dr David Kelly committed suicide. Dr Nicholas Hunt, the forensic pathologist … the Hutton inquiry, concluded that Dr Kelly bled to death from a ..
    .

  • In a serious organization, the email systems are server based. It doesn’t matter if you delete a message from your inbox, or a copy from your personal system, if the system has a policy to keep the messages, they will be archived.

    I would imagine the WH systems to be run by real Honorable Bastards. They will not let some pointy haired political advisors rattle themselves. Messages may be deleted from day-to-day operational systems, but I bet archival copies exist, and the management is just stonewalling turning them over.

    First thing I would do is subpoena the mail server log files (which will tell me for example that rover@whitehouse sent an email to scooter@ovp at 01-01-2003 12:02:05, but Scooter didn’t turn over that message… hmm).

  • 44 USC 22 governs preservation of, and access to, Presidential documents.

    E-documents are not treated differently than paper documents.

    Wide powers over deciding what goes and what gets kept are given to the National Archivist.

    And in 2004, Bush put a Reliable Party Man in as archivist, over the complaints of many in the history and library communities.

  • I seem to recall that Clinton and his posse had to put up with the ‘special’ prosecutor going through WH emails. I also recall some discussion on how the WH email servers archive everything forever.

  • The changes to the e-mail retention policy that 44 USC 22 covers were made as a response to some Clinton-era e-mails that went walkabout.

    It would be ironic if this stricter policy came back to bite BushCo…

    No Petard Left Unhoisted, or something…

  • By the way that Fitzgerald worded his statement, I take it to mean that he already has Email from another source that didn’t show up in the archives that were handed over. So he’s giving them one more shot at handing over everything.

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