No Comment — January 9, 2008, 10:13 am

The Other Scandal Involving Destruction of Evidence

I just finished poring over yet another set of written answers from a former senior Justice Department official who—extremely unconvincingly—insists over and again that he “has no present recollection” of communications between the White House and figures in the Justice Department about a series of matters which have Karl Rove’s fingerprints all over them.

However, the incessant stonewalling by the Justice Department is, if anything, actually exceeded in its outrageousness by the White House, which has issued a steadily lengthening series of contradictory explanations. The emails were “accidentally” deleted. Then apparently they weren’t. Then the emails were mostly on servers of the Republican National Committee. And the White House then told us, in one of a great many utterly preposterous legal claims, that information on Republican National Committee servers were subject to claims of Executive Privilege. From another perspective, however, that was just right: for the last seven years the Executive Branch has been fused with the Republican Party. It perfectly matched the vision of a totalitarian state.

However, the Associated Press’s Pete Yost, reports that a federal judge has decided to stop simply taking the parade of White House whoppers, and is demanding action:

A federal magistrate ordered the White House on Tuesday to reveal whether copies of possibly millions of missing e-mails are stored on computer backup tapes. The order by U.S. Magistrate Judge John Facciola comes amid an effort by the White House to scuttle two lawsuits that could force the Executive Office of the President to recover any e-mail that has disappeared from computer servers where electronic documents are automatically archived.

Two federal laws require the White House to preserve all records including e-mail. Facciola gave the White House five business days to report whether computer backup tapes contain e-mails written between 2003 and 2005.

The “disappearance” of the White House emails—which includes not only thousands of emails from Karl Rove and his team, but also from Vice President Cheney and his team—were discovered by special prosecutor Patrick Fitzgerald when he started investigating the outing of covert CIA agent Valerie Plame, undertaken with the direction and coordination of Cheney himself.

The judge’s order can be viewed here. Don’t expect White House compliance, however. Expect still more dodges and a hundred further variations on “the dog ate my homework.” That’s the kind of White House we’re dealing with. And the Department of Justice will not be pursuing justice. As usual, it will be playing partisan political guerrilla warfare and doing everything in its power to obstruct justice.

The nation’s attention right now is focused on the affair of the destroyed torture tapes. That also leads straight into the White House. Four senior White House lawyers were involved in the decision-making and one—probably Vice President Cheney’s chief of staff, David Addington–aggressively advocated destruction of the evidence in the face of court orders. However, the destruction of the internal email traffic is potentially even more important. It provides likely evidence of the abusive manipulation of the mechanics of the criminal justice system by the White House.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

May 2017

Facing the Furies

= Subscribers only.
Sign in here.
Subscribe here.

The New Climate

= Subscribers only.
Sign in here.
Subscribe here.

A Dream Preferred

= Subscribers only.
Sign in here.
Subscribe here.

Snowden’s Box

= Subscribers only.
Sign in here.
Subscribe here.

American Duce

= Subscribers only.
Sign in here.
Subscribe here.

A Prayer’s Chance

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Snowden’s Box·

= Subscribers only.
Sign in here.
Subscribe here.

Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.

Illustration (detail) by Taylor Callery
Post
The Forty-Fifth President·

= Subscribers only.
Sign in here.
Subscribe here.

Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.

Photograph (detail) by Philip Montgomery
Article
A Prayer’s Chance·

= Subscribers only.
Sign in here.
Subscribe here.

Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.

Photograph (detail) by Robin Hammond/NOOR
Article
Bee-Brained·

= Subscribers only.
Sign in here.
Subscribe here.

Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.

Illustration (detail) by Eda Akaltun. Source photograph of Jairam Hathwar at the 2016 Scripps National Spelling Bee © Pete Marovich/UPI/Newscom
Article
My First Car·

= Subscribers only.
Sign in here.
Subscribe here.

Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.

Illustration by Katherine Streeter

Amount Greece’s ruling Syriza party believes that Germany owes Greece in war reparations:

$172,000,000,000

Americans of both sexes prefer the body odors of people with similar political beliefs.

Tens of thousands of people marched to promote science in cities across the world, and Trump issued an Earth Day statement in which he did not mention climate change.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Who Goes Nazi?

= Subscribers only.
Sign in here.
Subscribe here.

By

"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."

Subscribe Today