-Caveat Lector-   <A HREF="http://www.ctrl.org/">
</A> -Cui Bono?-

From:

http://www.washtimes.com/op-ed/ed-house-2000327184450.htm

The Washington Times
EDITORIAL � March 27, 2000


The dog ate their e-mail

     Al Gore cannot have it both ways. The vice president, who
once asserted he played an indispensable role in the creation of
the Internet, now wants the public to believe that he and his
staff were unaware for years that the computer system in his
office was enmeshed in so much chaos that it could not even keep
track of its e-mails. Despite evidence to the contrary, moreover,
the administration is making the utterly implausible claim that
it did not learn about Mr. Gore's computer problems, which date
at least to 1994, until this month.

     In an equally implausible assertion, White House Counsel
Beth Nolan insists that her predecessor, Charles F.C. Ruff
<http://www.spectator.org/archives/97-06_york.html>, was somehow
led to believe, ever so conveniently, that technicians had solved
a separate White House computer glitch. That problem prevented
the legally required archiving of an estimated 100,000 incoming
e-mail messages sent to nearly 500 White House computers. To this
day, years' worth of the e-mail messages sent to and from the
vice president and his staff, as well as the 100,000 sent to the
Executive Office of the President between September 1996 and
November 1998, remain disbursed in cyberspace or recorded on
back-up tapes. All of them have been subject to subpoenas, some
several years old, issued by the Justice Department's
campaign-finance task force; House and Senate committees
investigating numerous campaign-finance scandals involving the
president and the vice president; the independent counsel's
office investigating Whitewater, Filegate, Travelgate and the
Monica Lewinsky scandal; and Judicial Watch, a conservative
public interest law firm, which, in pursuit of civil litigation
against the White House, uncovered the e-mail scandal.

     Meanwhile, the Justice Department has petitioned a federal
judge to delay Judicial Watch's access to the e-mails in a
pending $90 million suit in the Filegate matter. Justice campaign
task force chief Robert Conrad Jr. has cited a "direct overlap
between the the allegations" he "wants to pursue in this case and
and the matters the task force is investigating." It's worth
recalling what happened the Justice Department called off a Los
Angeles-based U.S. attorney's investigation into the illegal
Buddhist temple fund-raiser attended by Mr. Gore. The task
force's investigation languished for months while witnesses fled
the country. Judicial Watch's suit is now four-years old, and the
Justice Department ought not be permitted to sidetrack it as it
did the Buddhist temple investigation.

     The Justice Department has opened its own criminal
investigation of the White House to determine if President
Clinton and others illegally suppressed the e-mail messages
subpoenaed by the various investigative bodies. The Justice
Department last week also announced another investigation to
determine whether White House officials threatened to jail
computer technicians working for a private contractor if they
revealed the existence of the missing e-mails.

     At a hearing before the House Government Reform Committee on
Thursday, three of the nongovernment technicians asserted that
White House officials threatened to jail them if they revealed
the e-mail problem to their spouses or their superiors. At the
same hearing, Laura Crabtree Callahan, one of those accused of
issuing the jail threats, denied under oath doing so. But she did
testify that she had emphasized to the technicians that it was
important for them to keep the case of the missing e-mails
private because "this was a situation we needed to be careful of,
because it was sensitive."

     And why was it "sensitive"? Because the discovery that
100,000 e-mails had been missing was made in June 1998, precisely
the time when the independent counsel and Congress were
investigating the Lewinsky scandal and other matters. Needless to
say, the emergence of potentially incriminating e-mails would
have affected several criminal investigations, particularly given
that thousands of the e-mails are said to involve Miss Lewinsky,
campaign finance, Filegate and accusations involving the selling
of seats on trade missions for political contributions. Yet, the
White House never informed any investigating body that the
computer glitch created a major problem in complying with their
subpoenas.

     The White House has offered no rational explanation why it
believed the 100,000 missing e-mails had been retrieved and
examined for their relevance to the various subpoenas. Instead,
in a statement Miss Nolan simply asserts, "While the counsel's
office knew in June 1998 that a configuration error had existed,
it believed that the problem was fixed and did not, until
recently, understand the scope and possible effect on e-mail
records searches of this error." Deploying the Gomer Pyle
defense, Miss Nolan's statement, noting that she and other White
House Counsel Office officials were merely "lawyers with
laypersons' understanding of the technical complexities of
electronic messaging and archiving," further asserts: "As Mr.
Ruff understood the technical problem at the time, he did not
think the error had an effect on the previous searches or that it
might affect future searches of e-mail records. As a result, Mr.
Ruff had no reason to believe there was any need to notify
investigative bodies of this error." Finally, and again without
offering any credible explanation, Miss Nolan's statement
observes, "The counsel's office believed that all necessary steps
to make a complete search had been taken. They did not know that
there was any remaining problem �prospective or retrospective."

     Why did Mr. Ruff and others believe things that were
patently untrue? Who led them to think or believe such falsities?
Or did they merely assume them to be true? Given that neither Mr.
Ruff nor any other White House official ever informed
investigators of the computer-generated problem the White House
had in complying with their subpoenas, did Mr. Ruff and others
then not have the responsibility to learn beyond a doubt that the
problem had in fact been solved? Clearly, they could easily have
learned otherwise. At best, it was a case of willfully ignorant
misfeasance. At worst, it was obstruction of justice.

     Miss Nolan's statement regarding the computer problems
affecting the Office of the Vice President is even less
believable. She claims that the problem was discovered only this
month. However, a September 1998 memo has surfaced contradicting
that claim. Written by White House computer technician Daniel
Barry, the memo did, in fact, identify the problem in Mr. Gore's
office. The only e-mails entering the archiving system's "records
bucket" in Mr. Gore's office, Mr. Barry reported 18 months ago,
were those that had crossed over into the White House's main
computer system.

     As in the cases of the missing e-mails in the Executive
Office of the President and the threats allegedly used to prevent
their disclosure, the Justice Department can hardly be relied
upon to conduct an honest investigation of Mr. Gore's missing
e-mails. Congressional oversight will be extremely important. The
hearing by the House Government Reform Committee last week was a
good start. Miss Nolan is expected to testify on the Hill this
week. But more hearings will be essential to assure public
confidence in an investigation to determine whether Messrs.
Clinton, Gore and Ruff and other White House officials were
willfully ignorant or actively engaged in the obstruction of
justice.

� 2000 News World Communications, Inc.



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