"There are no legal guidelines on what e-mails need to be preserved vs. what e-mails can be deleted as part of a mail server's normal clean-up duty."
Ten, it's totally clear, which is why the Bush admin. tried to get around it.
Bush White House e-mail controversy
en.wikipedia.org
"The Bush White House e-mail controversy surfaced in 2007, during the controversy involving the dismissal of eight U.S. attorneys. Congressional requests for administration documents while investigating the dismissals of the U.S. attorneys required the Bush administration to reveal that not all internal White House emails were available, because they were sent via a non-government domain hosted on an e-mail server not controlled by the federal government. Conducting governmental business in this manner is a possible violation of the Presidential Records Act of 1978, and the Hatch Act.[1] Over 5 million e-mails may have been lost or deleted.[2][3] Greg Palast claims to have come up with 500 of the Karl Rove lost emails, leading to damaging allegations.[4] New numbers say that as many as 22 million emails may have been deleted [5]"
"gwb43.com
See also: Dismissal of U.S. attorneys controversy
The administration officials had been using a private Internet domain, called gwb43.com, owned by and hosted on an e-mail server run by the Republican National Committee,[6] for various communications of unknown content or purpose. The domain name is an acronym standing for "George W. Bush, 43rd" President of the United States. The server came public when it was discovered that J. Scott Jennings, the White House's deputy director of political affairs, was using a gwb43.com e-mail address to discuss the firing of the U.S. attorney for Arkansas.[7] Communications by federal employees were also found on georgewbush.com (registered to "Bush-Cheney '04, Inc."[8]) and rnchq.org (registered to "Republican National Committee"[9]), but, unlike these two servers, gwb43.com has no Web server connected to it — it is used only for e-mail.[10]
The "gwb43.com" domain name was publicized by Citizens for Responsibility and Ethics in Washington (CREW), who sent a letter to Oversight and Government Reform Committee committee chairman Henry A. Waxman requesting an investigation.[11] Waxman sent a formal warning to the RNC, advising them to retain copies of all e-mails sent by White House employees. According to Waxman, "in some instances, White House officials were using nongovernmental accounts specifically to avoid creating a record of the communications."[12] The Republican National Committee claims to have erased the emails, supposedly making them unavailable for Congressional investigators.[13]
On April 12, 2007, White House spokesman Scott Stanzel stated that White House staffers were told to use RNC accounts to "err on the side of avoiding violations of the Hatch Act, but they should also retain that information so it can be reviewed for the Presidential Records Act," and that "some employees ... have communicated about official business on those political email accounts."[14] Stanzel also said that even though RNC policy since 2004 has been to retain all emails of White House staff with RNC accounts, the staffers had the ability to delete the email themselves." |
