This is my Friday the 13th blog. Diane Dimond wrote a great book about Michael Jackson’s infidelities called "Be Careful Who You Love." Given the New York Times report today about Karl Rove’s emails, one could also say, "be careful who you email."
Pesky Congressional Democrats are seeking copies of Rove’s emails as further proof of misdoing regarding the U.S. Attorney scandal, which itself is a scandal, since the President has constitutional authority to appoint and remove U.S. Attorneys.
Nevertheless, Congressman Waxman (D-LA, CA) insists that according to the "Presidential Records Act," a sort of Freedom of Information Act ("FOIA") applied to the White House, that he is entitled to copies of all of Rove’s emails, even those sent and received through a private RNC system set-up in the White House.
Who knows how this will resolve itself. It is all a bunch of foolishness from the Democrats anyway, since between 1933 and 1981 there are probably 50 years of incriminating interoffice memos between Democratic Presidents, Congressional democrats, and the DNC about firing Republican U.S. Attorneys somewhere in the bowels of the National Archives. Our own Jim Sills would have a research field day with that treasure trove!!!
But a lesson for California elected officials is this: be careful who you email and the system you email on and the time and place that you email. The California League of Cities has suggested that email of elected officials may be subject to disclosure under the California Public Records ("CPRA") act (the state "FOIA"). This is certainly the case if the computer used is on city/county property. But what about a lap top provided by the governmental body? Does a use of a lap top, albeit with a private email address, expose the email to public scrutiny under the CPRA? It is an interesting question!
My advice to members of the state legislature, their staff, state appointees affected by the Bagley-Keene Act, and local officials affected by the Brown Act open meeting law and all affected by the California Public Records Act: send you political emails on your own system, on a private account, and not on public time!
April 14th, 2007 at 12:00 am
Jim:
Fully agree with your comments.
I have often advised new officials to politely DECLINE the
laptop computer that bureaucrats are only too eager to
give them when they assume office. Many have thanked
me later for warning them.
Elected officials should avoid (1) Lap Dances and (2)
“free” laptop computers.
This is one of Sills Laws. :O