Plame Grand Jury Investigation Triggered Constraints on Rove E-Mail Deletions

Rove E-Mail Purge Blocked Because of Problems Fitzgerald Grand Jury Had Investigating Plame Name Leak

As the Grand Jury investigation into the leaking of Valarie Plame's name broadened, legal counsel to the President were advised of requirements to manage Rove'e e-mail uses.

Because of expanding Grand Jury inquiry, Rove e-mail activity was reviewed. He had special procedures in place because of problems with e-mail deletions.

___ Why is there close coordination with political [Rove] and legal [WHite Houes counsel Miers] on US Atty firings; yet we're asked to believe that RNC legal [Kelner] isn't aware of the legal issues inside the White House? This is (supposedly) an inconsistent coordination on legal issues: One Standard of coordination between the political-legal offices for the US Attorney firing emails; but a different standard on supposed legal issues. This does not seem credible.

___ Why is the White House tyring to pretend that the GOP isn't in the loop on some legal issues; but is on others? Does not make sense.

___ In light of the Foley and Plame investigations, why wasn't this e-mail retention issue resolved? No credible reason.

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Model Rules of Attorney Standards of Conduct

Kelner is legal counsel to the RNC. Notice the various hats that Kelner may have been waring, and how the Model Rules could be twisted to feign ignorance:

Ref Candor to Tribunal
Ref Fairness to opposing counsel
Ref Impartiality
Ref Duty as Witness
Ref Advocate at non-adjudicative proceedings

Attorney standars of conduct require candor before a tribunal; however, if Kelner looks as his primary loyalty ot the President not GOP, then Keyler may be misleading Congress, or thinking that this interview is not an official appearing by him as counsel to the RNC.

___ Has Kelner feigned stupidity on legal issues; or is he treating Congress not as a tribunal but as a legal adversary as Klener represents the President and the RNC before Congress?

___ Which hat was Kelner wearing when he appeared before Wasman: Counsel to RNC; counsel to President; witness before a tribunal; counsel for a client with an adversarial interest to Congress?

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The US Attorney Firing e-mails are linked to procedures Rove was required to follow. Despite the Grand Jury review and problem Fitzgerald had with e-mails, the White House moved the communications to new servers, but continued not to properly comply with the law.

Mr. Kelner also explained that starting in 2005, the RNC began to treat Mr. Rove’s emails in a special fashion. At some point in 2005, the RNC commenced an automatic archive policy for Mr. Rove, but not for any other White House officials. According to Mr. Kelner, this archive policy removed Mr. Rove’s ability to personally delete his e-mails from the RNC server. Mr. Kelner did not provide many details about why this special policy was adopted for Mr. Rove. But he did indicate that one factor was the presence of investigative or discovery requests or other legal concerns.Ref

It appears the President and White House counsel well know of the original illegal activity -- the leaking of Plame's name, which had not been properly retained as evidence in the e-mails -- and this prompted pressure to find a backup communication system.

Hoeer, despite this backup communication method, Rove was denied the ability to remove e-mail.

Given the gravity of the Plame investigation it's unclear why the White House asserted there was no formal report; yet ther was administrative action to manage Rove's e-mail access.

If the E-mail retention problem Rove had related to Plame was real, then the White House counsel and RNC leadership would have known about this illegal activity, but appear t have been reckless in not responding to the problems the Grand Jury had with e-mail retention.

It remains unclear why the procedures which were applied to Rove in re Plame were not applied to all White House staff for all e-mails and electronic communication methods.

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Notes

See Waxman letter:

Plame Outing Prompted White House To Block Rove From Deleting E-mails

___ How was this done?

___ Why was Rove blocked from deleting e-mails, yet we were told that there was no investiation report into the breach of Plame’s name?

___ Why wasn’t Kelner, counsel for the RNC, not knowledgeable why Rove was blocked?

___ Why was the RNC part of the email commcantio; but the RNC counsel is not are of the legal isues prompting the uS of the RNC resources: Why didn’t he find
out; and are there issues of legal counsel non-cooperation with House Overnight Board?

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Rove was prevented from deleting e- mails because of the Libby investigation. Fitzgerald and the Grand Jury had problems with the White House, and this is subject
of secret grand jury evidence which has not been released.

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Appears Kelner was sent because he had no clue what the Grand Jury talked about.

___ Need to talk to Fitzgerald?

___ Keler not cooeprating with the Tribunal as required under his Attorney Standards of conduct?

___ Why hasn't White House counsel and RNC counsel shared information on the legal issues related to these policies?