NCH WASHINGTON UPDATE (Vol. 13, #12; April 13, 2007

1. POLITICAL FIRESTORM ERUPTS OVER MISSING WHITE HOUSE E-MAILS
2. SENATE RULES COMMITTEE HOLDS OVERSIGHT HEARING ON SMITHSONIAN
3. FREEDOM OF INFORMATION ACT REFORM BILL CLEARS SENATE PANEL
4. BITS & BYTES: The National History Center continues its Congressional Briefings Series

1. POLITICAL FIRESTORM ERUPTS OVER MISSING WHITE HOUSE E-MAILS

It was revealed this week that some 22 current Bush administration officials have separate White House and Republican National Committee (RNC) e-mail accounts that were designed to ensure that White House staff did not use government equipment for political purposes in violation of the Hatch Act. However, it is being alleged by congressional Democrats that these political e-mail accounts were improperly used to engage in official government business without leaving an electronic trail behind in an attempt to circumvent the Presidential Records Act. Of particular interest are e-mails sent through these non-governmental accounts concerning the firing of eight U.S. attorneys that is currently under scrutiny by Congress.

The Democrats are particularly concerned that senior White House advisor Karl Rove had the ability, prior to 2005, to delete his e-mails from the RNC server. On Friday, Rove’s attorney Robert Luskin denied that Rove intentionally sought to delete e-mails from the RNC computer system. RNC officials have said that they do not know to what extent e-mails prior to 2005 are retrievable. The RNC instituted new policies after 2005 to prevent such deletions.

On April 12, House Oversight and Government Reform Committee Chairman Henry Waxman (D-CA) met with Rob Kelner, an attorney for the RNC. Following the briefing, the committee issued a statement that the meeting raised “serious concerns about the White House compliance with the Presidential Records Act.” Representative Waxman had previously sent a letter to RNC Chair Mark Duncan asking, “What agreements, if any, has the RNC entered into with the White House, the National Archives, or other government agencies regarding the e-mail accounts maintained by the RNC that have been used by White House officials?”

Senator Judiciary Committee Chairman Patrick Leahy (D-VT) stated, “You can't erase e-mails, not today. These e-mails have gone through too many servers. They can't say they have been lost. That is akin to saying the dog ate my homework. It doesn't work that way. Those e-mails are there, the White House just doesn't want to produce them. It is similar to the famous 18-minute gap in the Nixon White House tapes.”

In a press briefing, White House spokeswoman Dana Perino said that she had no indication that any laws had been broken. Later in the briefing she stated “Well, I will admit it, we screwed up and we are trying to fix it.” When asked if President Bush had an RNC e-mail account, she responded, “I don’t think so, no. The President says he doesn’t e-mail.”

Leahy and Senate Judiciary Committee ranking member Arlen Specter (R-PA) sent a letter to White House counsel Fred Fielding asking what was being done to investigate and remedy the situation. Leahy and Specter specifically cited an anonymous press statement given by a White House lawyer who advised White House staff that if they have a doubt whether an e-mail is political or official that they should use their political account, but also preserve a copy and send it to the counsel’s office for a determination whether the e-mail needs to be saved under the Presidential Records Act. The two Senators asked whether the policy is to apply prospectively or whether staff is now being instructed to forward past e-mails for review.

The Senate and House Judiciary Committees have authorized subpoenas to the Justice Department and the White House for documents related to the firings of the eight U.S. attorneys. However, the subpoenas have not yet been served.

2. SENATE RULES COMMITTEE HOLDS OVERSIGHT HEARING ON THE SMITHSONIAN

Despite the departure of controversial Secretary Lawrence Small, the Smithsonian Institution continues to take a beating on Capitol Hill.

The Senate Rules Committee held an oversight hearing this week on the Smithsonian. In her opening statement Rules Committee Chairwoman Senator Diane Feinstein (D-CA) sharply criticized the Smithsonian’s Board of Regents for their lack of meaningful oversight over the Institution’s operations. Feinstein stated that, “While the Board is well meaning and dedicated, I’m not convinced the current structure has the capacity to perform the fiduciary responsibility required.”

Smithsonian Inspector General Anne Sprightley Ryan stated that her investigation of Secretary Small’s business expenses, led her to “question whether the Regents had adequate information for meaningful oversight.” She cited examples of the lack of clear rules and policies on Small’s expenditures as examples of how dysfunctional the Institution had become. Ryan stated, “We also encountered an attitude that any rules that did exist did not necessarily apply to the Secretary . . .” She did note that in light of the controversy over Small’s expenses that, “the Regents have recently taken significant steps to enhance their oversight and promote accountability and transparency.”

Full video coverage, and written testimony from the hearing, is available here.

3. FREEDOM OF INFORMATION ACT REFORM BILL CLEARS SENATE PANEL

The Senate Judiciary Committee this week cleared a Freedom of Information reform bill (S. 849) by voice vote. The bill is similar to one overwhelmingly passed in March by the House of Representatives (H.R. 1309)

S. 849 strengthens the requirement that agencies respond to FOIA requests within 20 days. The bill requires agencies to provide requesters with individualized tracking numbers for each request and access to a telephone or Internet hotline with information about the status of requests. The legislation also strengthens agency reporting requirements to identify excessive delays and creates a new FOIA ombudsman to help FOIA requesters resolve problems without having to resort to litigation.

A similar bill passed the Judiciary Committee during the 109th Congress, but was not acted on by the full Senate.

4. BITS & BYTES

The National History Center continues its Congressional Briefings Series with its "Historical Perspectives on Climate Change", 2:00 p.m.––4:00 p.m. Friday, April 27, 2007, in Room 385 of the Russell Senate Office Building, in Washington, DC.

The briefing features Professor James Rodger Fleming, Professor of Science, Technology and Society at Colby College, Maine. He currently holds the Roger Revelle Fellowship in Global Environmental Stewardship from the American Association for the Advancement of Science (AAAS) and is a Public Policy Scholar at the Woodrow Wilson International Center for Scholars where he is completing a book on "Weather and Climate Engineers: Fantasies of Control."

Professor Fleming earned a B.S. in astronomy from Pennsylvania State University, an M.S. in atmospheric science from Colorado State University, and an M.A. and Ph.D. in history from Princeton University. His books include Meteorology in America, 1800––1870, Historical Perspectives on Climate Change, and The Callendar Effect: The Life and Work of Guy Stewart Callendar.

This briefing is co-sponsored by the History of Science Society.

The National History Center's Congressional Briefings are designed to provide historical context and perspective on current issues for policy makers and members of their staff. The speakers reflect upon historical events and developments that influence the evolution of current policies and provide knowledge pertinent to the consideration of policy alternatives.

A question and answers session will follow the presentation. If you are interested in attending this briefing, please r.s.v.p. to info@nationalhistorycenter.org or 202-544-2422 ext. 103.