 |
WASHINGTON, April 12—The White House said Thursday that missing e-mail messages sent on Republican Party accounts may include some relating to the firing of eight United States attorneys.
The disclosure became a fresh political problem for the White House, as Democrats stepped up their inquiry into whether Karl Rove and other top aides to President Bush used the e-mail accounts maintained by the Republican National Committee to circumvent record-keeping requirements.
It also exposed the dual electronic lives led by Mr. Rove and 21 other White House officials who maintain separate e-mail accounts for government business and work on political campaigns — and raised serious questions, in the eyes of Democrats, about whether political accounts were used to conduct official work without leaving a paper trail.
The clash also seemed to push the White House and Democrats closer to a serious confrontation over executive privilege, with the White House counsel, Fred F. Fielding, asserting that the administration has control over countless other e-mail messages that the Republican National Committee has archived. Democrats are insisting that they are entitled to get the e-mail messages directly from the national committee.
Representative Henry A. Waxman, the California Democrat who is chairman of a House committee looking into the use of political e-mail accounts, wrote a letter to the attorney general on Thursday saying he had “particular concerns about Karl Rove” after a briefing his aides received from Rob Kelner, a lawyer for the Republican National Committee.
Mr. Rove uses several e-mail accounts, including one with the Republican National Committee, one with the White House and a private domain account that is registered to the political consulting company he once owned. Mr. Waxman said Mr. Kelner reported that in 2005, the national committee adopted a new policy, specifically aimed at Mr. Rove, which “removed Mr. Rove’s ability to personally delete his e-mails from the R.N.C. server.”
Mr. Waxman also said he now had “serious concerns about the White House’s compliance with the Presidential Records Act,” a 1978 law that requires administrations to keep records of deliberations, decisions and policies. The congressman asked for an inventory of all communications by White House officials on nongovernment e-mail accounts.
President Bush has directed the White House counsel’s office to try to recover any missing e-mail messages, but Scott Stanzel, the deputy White House press secretary, said it was unclear how much may have been lost. As to whether the missing e-mail related to the prosecutors’ dismissals, Mr. Stanzel said, “It can’t be ruled out.”
Democrats were skeptical that any e-mail messages are truly missing.
“We’re learning that off-book communications are being used by these people in the White House by using Republican political e-mail addresses and they say they have not been preserved,” Senator Patrick J. Leahy, Democrat of Vermont and chairman of the Senate Judiciary Committee, said in an impassioned speech on the Senate floor. “I don’t believe that! You can’t erase e-mails, not today.”
Richard M. Smith, an Internet security and privacy consultant in Boston, said Mr. Leahy’s surmise that the missing e-mail messages are preserved somewhere could be right. But he said there was no way to know without a thorough examination of all the computers the messages passed through.
The Democrats’ investigation into the political e-mail accounts grows directly out of the inquiry into the firing of the United States attorneys. When the Justice Department turned over documents to Congress, they showed that, contrary to the White House’s initial assertions, Mr. Rove and Harriet E. Miers, the former White House counsel, seemed to be involved in planning the dismissals.
The documents also revealed that a deputy to Mr. Rove, Scott Jennings, who works in the White House Office of Political Affairs, had used his Republican National Committee e-mail account, ending in gwb43.com, to communicate about the dismissals with a top aide to Attorney General Alberto R. Gonzales.
The documents led to demands from Democrats for testimony from Mr. Rove and others; the White House agreed only to off-the-record interviews, and Democrats responded by threatening subpoenas.
Now that Democrats are also demanding access to the political e-mail, the White House took steps on Thursday to use those latest demands as leverage to force Democrats to accept the White House’s conditions for making Mr. Rove and the others available.
In a letter to Mr. Leahy and Representative John Conyers Jr., chairman of the House Judiciary Committee, Mr. Fielding, the White House counsel, said the administration was prepared to produce e-mail from the national committee, but only as part of a “carefully and thoughtfully considered package of accommodations” — in other words, only as part of the offer for Mr. Rove and the others to appear in private.
Mr. Conyers, a Michigan Democrat, issued a tart reply: “The White House position seems to be that executive privilege not only applies in the Oval Office, but to the R.N.C. as well. There is absolutely no basis in law or fact for such a claim.”
Senator Charles E. Schumer, the New York Democrat who is spearheading the Senate inquiry into the prosecutors’ dismissals, said the Fielding letter “can be summed up in three words: ‘We are stonewalling.’ ”
Mr. Waxman, meanwhile, spent Thursday pushing the committee to release the e-mail. According to the congressman’s account of Thursday’s meeting with Mr. Kelner, the R.N.C. lawyer, as well as an interview with a Republican official familiar with the committee’s e-mail practices, the committee has a large cache of communications from White House officials. But there are none before 2005, when the committee “began to treat Mr. Rove’s e-mails in a special fashion,” Mr. Waxman wrote.
The committee appears to have changed its e-mail retention policies twice, possibly in response to the investigation by a special prosecutor, Patrick J. Fitzgerald, into the leak of the name of a C.I.A. officer. When that inquiry began, in early 2004, the committee’s practice was to purge all e-mail from its servers after 30 days.
But in August of that year, according to the Republican official, the committee decided that e-mail sent by White House officials would be kept on the server. Still, the change did not prevent White House officials from manually deleting their e-mail, and some, including Mr. Rove, apparently did. So in 2005, the committee took steps to prevent Mr. Rove from doing so.
“Mr. Kelner did not provide many details about why this special policy was adopted for Mr. Rove,” Mr. Waxman wrote. “But he did indicate that one factor was the presence of investigative or discovery requests or other legal concerns.”
Now the question is whether the missing e-mail can be recovered. Mr. Smith, the Internet security consultant, said e-mail ordinarily is initially stored in at least four places: in the “sent” file of the computer used to send the message; on the computer server of the sender’s Internet service provider; on the computer server of the recipient’s provider; and on the recipient’s computer.
Even if the message is deleted, it may be recoverable from a computer’s hard drive. Eventually, however, the deleted file may be overwritten and lost, Mr. Smith said.
“If you keep sending e-mails, it will probably get overwritten pretty quickly, and then it’s really gone,” he said.
No comments:
Post a Comment