Countless White House E-Mails Deleted

Over the past six years, about 50 of the White House staffers most involved in Republican Party affairs -- including Rove and his office of political affairs -- were given RNC-issued equipment on which to conduct party business. That included laptops and Blackberries.

For Rove, a noted Blackberry addict who holds the position of senior adviser and deputy chief of staff, that would have meant switching from one device to another when alternating from White House business to Republican party business. Apparently he didn't bother.

Democrats have charged that some White House aides used non-government e-mail accounts to avoid official scrutiny of their actions. Stanzel neither confirmed nor denied that possibility: "I can't speak to people's individual practices. So I can't speak to that question."

So is anyone in trouble? Apparently not. Stanzel was careful to apportion blame widely and generically. "This issue is not the fault of one individual," he said. He refused even to acknowledge that it is the White House counsel's office that is responsible for the establishment and oversight of internal rules of conduct. The White House counsel during Bush's entire first term, of course, was Alberto Gonzales, now the embattled attorney general.

The use of non-government e-mails first became an issue about four weeks ago, when some of the e-mails turned over in a congressional investigation of the firing of eight U.S. attorneys showed that Rove deputy Scott Jennings repeatedly used an RNC e-mail address (sjennings@gwb43.com) in his official communications. One e-mail to Rove was sent to a kr@georgewbush.com address.

Since then, it's been pointed out that some of the e-mails released in the congressional investigation of now-convicted lobbyist Jack Abramoff indicated that former Rove aide Susan Ralston made a point of keeping her communication with Abramoff off the White House e-mail servers, and on either her RNC or AOL e-mail accounts.

Stanzel was joined in the conference call by a White House lawyer who Stanzel insisted not be referred to by name. What is the penalty for violating internal White House policy, I asked? "I don't believe the staff manual contains penalties for failure to preserve," the lawyer said.

Stanzel, possibly unwittingly, offered one possible explanation for why the rule on preservation was flouted so widely: Because there was apparently no prospect of personal consequences. "There are no personal violations of the Presidential Records Act, but you can have a personal violation of the Hatch Act," he said.

The lawyer criticized the crystal-clear (to me) ban on using non-White House e-mail for official purposes as being "too concise" and described a new, more extensive White House policy that has now been issued that further clarifies the obligations of those staffers who have RNC accounts. Stanzel also described another recent change; White House staffers no longer have the ability to delete their RNC e-mail under any circumstances.

Among the many questions Stanzel ducked was this one from me: Had this never come up as an issue in the previous six years? Had no one ever raised a concern about such an obvious evasion of the most basic White House document-preservation rules? Stanzel wouldn't say.

Although Stanzel said that a review was launched several weeks ago, "in context of the U.S. attorney matter," he said the White House still has no grasp of the scale involved -- no sense of how much was lost or how irretrievably. He seemed to know little about how the RNC servers worked, and whether there was any way of forensically retrieving the deleted e-mails.

"I don't want to talk about the scope of the review except to say we hope to be thorough," Stanzel said.