If the political establishment wasn’t suspicious before, it is now.
A lawyer for the Republican National Committee told congressional staff members yesterday that the RNC is missing at least four years’ worth of e-mail from White House senior adviser Karl Rove that is being sought as part of investigations into the Bush administration, according to the chairman of the House Oversight and Government Reform Committee.
GOP officials took issue with Rep. Henry Waxman’s account of the briefing and said they still hope to find the e-mail as they conduct forensic work on their computer equipment. But they acknowledged that they took action to prevent Rove — and Rove alone among the two dozen or so White House officials with RNC accounts — from deleting his e-mails from the RNC server. Waxman (D-Calif.) said he was told the RNC made that move in 2005.
In a letter to Attorney General Alberto R. Gonzales, Waxman said the RNC lawyer, Rob Kelner, also raised the possibility that Rove had personally deleted the missing e-mails, all dating back to before 2005. GOP officials said Kelner was merely speaking hypothetically about why e-mail might be missing for any staffer and not referring to Rove in particular.
Kelner’s perspective is of particular interest right now. As the LA Times noted, Rep. Henry Waxman (D-Calif.) and congressional investigators met with Kelner and RNC lawyers yesterday, leaving Waxman with the impression that Rove “might have deliberately deleted” sought after emails.
Kelner said that “mischaracterizes the briefing,” but in reality, it’s hardly a stretch of the imagination.
Kevin Drum summarized this nicely: “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?”
That’s not at all an exaggeration. Kelner told Waxman & Co. that the RNC stopped deleted White House staffers’ emails after Patrick Fitzgerald’s investigation prompted the change in August 2004. In asking the Justice Department to retain all emails received or sent to a White House official’s RNC-issued email address, Waxman explained what he’d learned to Attorney General Alberto Gonzales.
According to Mr. Kelner, the RNC had a policy, which the RNC called a “document retention” policy, that purged all e-mails from RNC e-mail accounts and the RNC server that were more than 30 days old. Mr. Kelner said that as a result of unspecified legal inquiries, a “hold” was placed on this e-mail destruction policy for the accounts of White House officials in August 2004. Mr. Kelner was uncertain whether the hold was consistently maintained from August 2004 to the present, but he asserted that for this period, the RNC does have alarge volume of White House e-mails. According to Mr. Kelner, the hold would not have prevented individual White House officials from deleting their e-mail from the RNC server after August 2004.
Mr. Kelner’s briefing raised particular concems about Karl Rove, who according to press reports used his RNC accountfor 95%o of his communications. According to Mr. Kelner, although the hold started in August 2004, the RNC does not have any e-mails prior to 2005 for Mr. Rove. 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.
Mr. Kelner also explained that starting in 2005, the RNC began to treat Mr. Rove’s emails in a special fashion. At some point in 2005, the RNC commenced an automatic archive policy for Mr. Rove, but not for any other White House officials. According to Mr. Kelner, this archive policy removed Mr. Rove’s ability to personally delete his e-mails from the RNC server. Mr. Kelner did not provide many details about why this special policy was adopted for Mr. Rove. But he did indicate that one factor was the presence of investigative or discovery requests or other legal concerns. It was unclear from Mr. Kelner’s briefing whether the special archiving policy for Mr. Rove was consistently in effect after 2005. (emphasis added)
Leahy and Specter want to know more in the Senate, and Conyers wants to know more in the House. And then there’s the whole new “executive privilege” argument, which I’ll get to in the next post.
Just think — when the prosecutor purge scandal started heating up a couple of weeks ago, the question about email accounts was considered a tangent of questionable significance.