Special Counsel to Investigate E-Mail Use by White House Aides

25 Apr 2007 // The U.S. agency that enforces the restrictions on political activity by federal officials will investigate whether White House aides improperly used Republican Party e-mail for government business.

The Office of Special Counsel, an independent agency that enforces the Hatch Act ban on mixing government and political business, said it will seek information about e-mail use by presidential aides from the White House, said Loren Smith, the agency's director of congressional and public affairs.

Congress's investigation into the firings of eight U.S. attorneys turned up e-mails written by Scott Jennings, the deputy political affairs director at the White House written from a Republican National Committee account called ``gwb43.com.''

The special counsel's office is ``looking at'' allegations of ``illegal political activity across the administration. The scope will definitely include e-mails,'' Smith said. ``We will be looking at e-mails, both governmental and non-governmental,'' he said.

``In general there wouldn't be anything wrong with using non-governmental e-mail'' to perform lawful acts, Smith said. ``It will be in the scope of our investigation to determine whether or not that was the case.''

The House Government Reform and Oversight Committee, headed by Representative Henry Waxman of California, is investigating the disappearance of administration e-mails and whether White House officials used outside e-mail accounts to avoid requirements of public-records disclosure laws.

The White House said recently it can't account for some e- mail messages written by presidential aides that may have information about the firings of the U.S. attorneys.

Missing Messages

A self-styled ethics watchdog group, Citizens for Responsibility and Ethics in Washington, estimated in a report that as many as 5 million e-mails may be missing. The White House hasn't disputed the figure, saying the messages may be on computer tapes.

The missing messages include those written on government and Republican Party e-mail accounts, the White House has said.

Karl Rove, the top political adviser to President George W. Bush, is among 50 current and former White House officials, who used Republican Party e-mail accounts, according to Waxman.

Presidential spokesman Scott Stanzel said in an e-mail that ``we have not received notice of an investigation from the Office of Special Counsel on these issues.'' Once contacted, the White House ``will cooperate as appropriate,'' he said.

Dismissal

The 106-employee special counsel's office will also investigate the dismissal of one of eight U.S. attorneys whose firing has caused a political furor in Congress and triggered an investigation by House and Senate committees, Smith said.

David C. Iglesias, the former U.S. attorney in New Mexico, complained to the agency that his dismissal violated a law that prevents retaliation against employees who perform military service as a reservist.

One of the complaints about Iglesias that may have motivated his dismissal was that he was an ``absentee landlord,'' according to Justice Department documents turned over to Congress.

Iglesias contends that the only time he asked for or took leave'' from his job was to perform service as a Navy lawyer, Smith said.

If that were a basis for Iglesias's dismissal, the firing would violate the Uniformed Employee and Reemployment Rights Act.

Hatch Act

Using the Republican National Committee account, Jennings traded e-mails with Justice Department aides about the dismissal of Iglesias and H.E. ``Bud'' Cummings III, the ex-U.S. attorney in Arkansas who was replaced by a former aide to Rove.

Hatch Act violations can lead to suspension of federal government officials from their jobs or dismissal. The special counsel, Scott Bloch, can recommend to the president or to government agency heads that disciplinary action be taken against particular government officials, Smith said.

``Every executive-branch employee is covered by the Hatch Act, except the president and vice president,'' Smith said.