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The GOP on Email Transparency

Jeb Bush

Jeb Bush used a private email account and hand selected emails to disclose

Jeb Bush conducted all his communication on his private [email protected] account and hand selected which emails to turn over to the state archive. “The former governor conducted all his communication on his private [email protected] account and turned over the hand-selected batch to the state archives when he left office. Absent from the stash are emails the governor deemed not relevant to the public record: those relating to politics, fundraising and personal matters while he was governor. Compared to Scott, however, who rarely communicates by email, the contrast is stark.’ [Tampa Bay Times, 1/3/15]

Jeb Bush released his private emails from the state archive, but the files were “not complete.” “The files released from the state archive resulted in a stream of positive national press for the former governor — ‘Jeb Bush’s emails depict a hands-on governor,’ the Washington Post proclaimed. ‘Jeb answered immigrant pleas,’’ the Hill wrote. Polls now show that if Bush announces, he will be considered the front-runner. The Bush files, though enormous, are not complete, however.” [Tampa Bay Times, 1/3/15]

As governor, Jeb Bush had three email accounts, including [email protected] . “In three follow-up e-mails (which Bush also answers promptly), the governor reveals: He has three e-mail accounts, receives 200 to 300 a day [email protected] reads most of them. He guesses that 25 percent of the e-mails come from colleagues, 50 percent from constituents, 10 percent from family and friends and 15 percent from junk mail and list mail. The risk, he says, is in relying too much on e-mail, at the expense of face-to-face nuance. ‘There is always [the] threat of invading family time!’ he writes.” [The Washington Post, 2/21/03]

  • Bush estimated 25 percent of email traffic came from colleagues. “In three follow-up e-mails (which Bush also answers promptly), the governor reveals: He has three e-mail accounts, receives 200 to 300 a day [email protected] reads most of them. He guesses that 25 percent of the e-mails come from colleagues, 50 percent from constituents, 10 percent from family and friends and 15 percent from junk mail and list mail. The risk, he says, is in relying too much on e-mail, at the expense of face-to-face nuance. ‘There is always [the] threat of invading family time!’ he writes.” [The Washington Post, 2/21/03]

 

Jeb Bush received 550,000 personal emails

Jeb Bush said “I received 550,000 personal e-mails when I was governor.” “This BlackBerry was in the portrait done when I left office. It was a symbol of how I worked. I received 550,000 personal e-mails when I was governor.” [Esquire, 12/22/08]

Jeb Bush said he received 550,000 e-mails on his private account during his eight years as governor. “Jeb Bush learned plenty during his eight years as Florida governor, he told a crowd at a United Christian Giving fundraiser in Fort Myers on Thursday. The president’s little brother and former president’s son took few partisan shots, mostly entertaining the crowd with stories from ‘Mount Tallahassee.’ […] Bush said he got 550,000 e-mails on his private account and another 2.5 million on his public account during his eight years as governor. That helped him stay in touch with the people of the state even though the capital is far removed geographically from most of the population.” [Naples Daily News, 7/12/07]

Jeb Bush said he received 2.5 million e-mails on his public account during his eight years as governor. “Jeb Bush learned plenty during his eight years as Florida governor, he told a crowd at a United Christian Giving fundraiser in Fort Myers on Thursday. The president’s little brother and former president’s son took few partisan shots, mostly entertaining the crowd with stories from ‘Mount Tallahassee.’ […] Bush said he got 550,000 e-mails on his private account and another 2.5 million on his public account during his eight years as governor. That helped him stay in touch with the people of the state even though the capital is far removed geographically from most of the population.” [Naples Daily News, 7/12/07]

 

Jeb Bush said he would release 250,000 emails

Jeb Bush said he would launch a website to make available about 250,000 e-mails from his time as governor. “Jeb Bush said he would launch a website on Tuesday on which he will make available about 250,000 emails from his time as governor of Florida, as well as the first chapter of an e-book about his administration. The emails, which were obtained by a number of news media organizations through a public records request in December, show Mr. Bush’s style in communicating with both his staff and his constituents.” [New York Times, 2/9/15]

Jeb Bush said he would release 250,000 emails from his two terms in office. “Former Florida Gov. Jeb Bush said on Sunday he will release 250,000 emails from his two terms in office and write an eBook outlining his governing philosophy. The moves have set the political sphere atwitter with speculation he’s closer than ever to deciding to run for president in 2016. In what appears to be a move of classic political procedure — getting ahead of the opposition — Bush told WPLG-TV that his intention is to promote transparency.” [CNN, 12/31/14]

 

Marco Rubio

Marco Rubio used a personal email account to “vent” about Republicans to reporters. “As Marco Rubio’s time as House speaker dwindles, he finds himself double teamed by the Senate and Gov. Charlie Crist. Over the weekend, he decided to vent. After the House devolved into partisan chaos over a decision by Rubio’s team to block Democratic debate on an education bill, Rubio dashed off a series of e mails to St. Petersburg Times reporters on his personal e mail account. He freely offered opinions, laying out each chamber’s top priorities, deriding the governor’s last minute plan to cut gas taxes and criticizing a tax commission’s hesitance to cap government tax revenues.” [St. Petersburg Times, 4/23/08]

  • A Rubio spokesperson claimed the emails were deleted after media outlets requested copies. “Public or private? After House Speaker Marco Rubio’s remarks appeared Wednesday on the St. Petersburg Times’ Web site, tampabay.com, the Orlando Sentinel requested copies of Rubio’s e mails. House spokeswoman Jill Chamberlin said Rubio had deleted them from his personal account.” [St. Petersburg Times, 4/24/08]
  • St. Petersburg Times: “The Times has encountered a similar response several times over the past year when asking for e-mails from Rubio’s personal account.” “The Times has encountered a similar response several times over the past year when asking for e mails from Rubio’s personal account. The Sentinel quoted the First Amendment Foundation’s Barbara Petersen, a public records expert, as saying that e mails relating to public business are public records, regardless of whether they were sent from a personal e mail account.” [St. Petersburg Times, 4/24/08]

 

Scott Walker

Secret email system

Complaint: A ‘secret email system’ existed in County Executive’s office and was “routinely used by selected insiders within the Scott Walker administration” for county business as well as unofficial purposes such as campaigning. “The complaint reveals a ‘secret email system’ that was ‘routinely used by selected insiders within the Walker administration’ for county business as well as unofficial purposes such as campaigning.” [Journal Sentinel, 1/26/12]

  • Investigators found boxes for two wireless routers in Walker’s county executive office; packing labels with the boxes had deputy chief of staff Tim Russell’s name on them. “Investigators found boxes for two wireless routers in an armoire in Walker’s County Executive office. Packaging labels found with the boxes bore the name ‘Timothy Russell.’ The allegation is that Russell (who was Deputy Chief of Staff before becoming Housing Director) set up an unofficial networking system so that staffers could conduct campaign business on their personal laptops while their salary was being paid by the taxpayers. The secret email system was available for use by certain staff for both official and unofficial business.” [The Huffington Post, 1/30/12]

Investigators determined Darlene Wink and Kelley Rindfleisch were campaigning on county time

Two staffers in Walker’s County Executive administration were charged with illegally doing extensive political work while being paid by taxpayers to do county jobs. “Two staffers who worked directly for Gov. Scott Walker while he was county executive were charged Thursday with illegally doing extensive political work while being paid by taxpayers to do county jobs. One of the two, Darlene Wink, cut a deal with prosecutors under which she agreed to provide information in a related investigation about the destruction of digital evidence and to aid in further prosecutions. This is the first indication that the multifaceted John Doe investigation may be pursuing charges of evidence tampering.” [Journal Sentinel, 1/26/12]

Criminal complaint: A Walker staffer told a friend shortly after taking the job with Walker that “half of what I’m doing is policy for the campaign.” “On Thursday, prosecutors charged Kelly Rindfleisch, deputy chief of staff to Walker in 2010, with four felony counts of misconduct in office for working for then-Rep. Brett Davis’ 2010 campaign for lieutenant governor while on the county clock. Davis, who lost in the Republican primary, is now Walker’s state Medicaid director. The complaint says that Rindfleisch told a friend in an Internet chat shortly after taking the job with Walker that ‘half of what I’m doing is policy for the campaign.’” [Journal Sentinel, 1/26/12]

A Walker staffer sent more 1,380 fundraising emails during work hours. “During work hours between February 2010 and early July 2010, it says, Rindfleisch sent more than 300 emails to Davis and 1,380 fundraising emails. The John Doe also turned up more than 1,000 emails between Rindfleisch and top staffers on Walker’s 2010 campaign during work hours over the same period.” [Journal Sentinel, 1/26/12]

While doing political work on taxpayer time, a Walker aide told a colleague: “I just am afraid of going to jail.” “Wink worked on campaign fundraisers, phone banks, Reagan Day dinners and Milwaukee County Republican Party matters while working in Walker’s office. In one 2009 chat with Timothy Russell, a longtime friend and fellow Walker aide, Wink asked how she could clear a document from her chat session. Russell told her it would disappear when she logged out. ‘I just am afraid of going to jail – ha! ha!’ Wink wrote in August 2009. Russell replied, ‘You wouldn’t, not for that.’” [Journal Sentinel, 1/26/12]

The John Doe investigation involved charges that aides in Scott Walker’s Milwaukee County Executive office were working to elect Brett Davis for lieutenant governor while collecting checks from the taxpayers. “When Rebecca Kleefisch ran for lieutenant governor in 2010, she actually beat Scott Walker’s favored candidate, Brett Davis, in the Republican primary. (Much of the current John Doe investigation involves charges that aides in Walker’s Milwaukee County executive office were working to elect Davis while collecting checks from the taxpayers.)” [Wisconsin State Journal, 5/27/12]

Public records laws were bypassed

The secret email system was hidden from public records officer. “The existence of the email system was a closely held secret, and it was not made known to the county employee responsible for gathering county emails in response to requests for information by the public, reporters and groups, the complaint said. The secret system used personal Internet email accounts.” [Journal Sentinel, 1/26/12]

The secret computer network was also used for official business, including records that should have been subject to public records laws. “Rindfleisch and Wink did campaign work on the unofficial network, the complaint says. The secret email system also was used for county business ‘which could have and which did include communications’ subject to the state’s open records statute, the complaint says.” [Journal Sentinel, 1/26/12]

Unclear if Walker was aware of the system

Documents did not specify whether Scott Walker was aware of the secret email system despite it being set up in an office 25 feet from Walker’s own office. “The complaint does not list all the officials who used the secret system, but it does say the unofficial networking system was set up in the county executive’s office suite by Russell while he was Walker’s deputy chief of staff. Russell’s county office was less than 25 feet from Walker’s on the third floor of the courthouse, the complaint notes. The complaint does not say whether Walker was aware of the secret email system.” [Journal Sentinel, 1/26/12]

Scott Walker said he did not bear responsibility for the actions and activities of his former county aides. “Gov. Scott Walker said Thursday that he doesn’t bear responsibility for the actions and activities of his former county aides who are now facing criminal charges as part of a John Doe investigation. In a five-minute chat with reporters in Milwaukee, Walker emphasized that he responded any time someone pointed out a potential problem or violation involving his staff when he was serving as Milwaukee County executive.” [Milwaukee Journal Sentinel, 2/16/12]

  • Walker: “The bottom line shows that (when) people violated that policy that we stated both publicly and privately, we acted.” “‘The bottom line shows that (when) people violated that policy that we stated both publicly and privately, we acted,’ Walker said.” [Milwaukee Journal Sentinel, 2/16/12]

An investigation found that Walker often comingled official and campaign business

Scott Walker and his top campaign and Milwaukee County aides were named as part of a team that routinely commingled political and official county business. “Gov. Scott Walker and his top campaign and Milwaukee County aides were named Monday as part of a team that routinely commingled political and official county business. The disclosures came during the sentencing of a former aide to Walker during his last year as Milwaukee County executive. Kelly M. Rindfleisch, 44, was sentenced by Milwaukee County Circuit Judge David Hansher to six months in jail and three years of probation on a single felony count of misconduct in office. The judge stayed the sentence pending Rindfleisch’s appeal to the Wisconsin Court of Appeals or the state Supreme Court. In a lengthy presentation during Rindfleisch’s sentencing, Assistant District Attorney Bruce Landgraf displayed numerous emails between Rindfleisch and key members of Walker’s campaign staff in which they discussed how to manage county government in 2010, while Walker was a candidate for governor. […] Landgraf said ‘The Campaign Group’ included Walker, Gilkes, campaign spokeswoman Jill Bader and campaign adviser R.J. Johnson. It also included several top county aides to Walker: Cindy Archer, who was county administration director; county chief of staff Tom Nardelli; spokeswoman Fran Mc-Laughlin; housing director Timothy Russell; and Rindfleisch.” [Milwaukee Journal Sentinel, 11/19/12]

  • Prosecutor: The campaign group vetted news releases that were issued from Walker’s county office. “The Campaign Group vetted news releases that were issued from Walker’s county office, Landgraf said. They included messages about a federal disaster declaration the county was seeking after torrential rains in July 2010; news reports in the Journal Sentinel in August that year about patient sexual assaults at the county Mental Health Complex; and the acknowledgment by Darlene Wink, a county office assistant, of sending campaign related emails criticizing Barrett from Walker’s courthouse office.” [Milwaukee Journal Sentinel, 11/19/12]
  • Prosecutor: E-mails showed that Scott Walker and his campaign directed county staffers to take official actions to boost walker’s candidacy. “Scott Walker and his gubernatorial campaign directed Milwaukee County staffers to take official actions in 2010 to boost Walker’s candidacy, including how to respond to a fatal incident at a county parking garage and requiring that press releases from the county executive’s office be reviewed by the campaign, according to emails released Tuesday. Assistant District Attorney Bruce Landgraf presented evidence in court Monday that former Milwaukee County staffer Kelly Rindfleisch traded 3,486 emails with top Walker campaign staffers, including 2,216 during regular work hours between January and October 2010. At the time, Rindfleisch earned $59,560 a year from Milwaukee County as Walker’s deputy chief of staff.” [Wisconsin State Journal, 11/21/12]

Politicization of open records requests

The John Doe investigation revealed that a Walker campaign staffer urged the Milwaukee county staff to drag out an open records request from the Democratic Party of Wisconsin. “Last November, the John Doe probe revealed that a Walker campaign staffer urged that Milwaukee County staff ‘drag out’ an open records request from the Democratic Party of Wisconsin. One Wisconsin Now has suggested this is part of an ongoing pattern.” [Green Bay Press-Gazette, 3/16/13]

 

Chris Christie

Christie Staff Used Personal Email And Cell Phones To Communicate About State Business

Chris Christie administration emails and texts released during Bridgegate investigation “revealed what many open public records advocates have long suspected: that state officials use personal e-mail accounts and cell phones to communicate.” “The thousands of e-mails and texts released as part of the investigation into the September lane closures on the bridge revealed what many open public records advocates have long suspected: that state officials use personal e-mail accounts and cell phones to communicate.” [Star-Ledger, 1/13/14]

The ACLU called on Chris Christie to require all state employees to use state email for business. “The American Civil Liberties Union of New Jersey today called on Gov. Chris Christie and the state attorney general to require all public employees to use government e-mail accounts and cell phones to conduct official business, in response to the unfolding George Washington Bridge lane-closure scandal. The group said in a letter that the release of thousands of pages of e-mails and text message Friday related to the scandal showed government employees are attempting to circumvent the state Open Public Records Act by using personal accounts to discuss official matters.”[Star-Ledger, 1/13/14]

The ACLU believed that Christie administration officials “could be attempting to circumvent the state open public records act by using personal accounts to discuss business.” “In a letter to Gov. Chris Christie, the state attorney general and several state lawmakers, the ACLU said the communications showed employees could be attempting to circumvent the state Open Public Records Act by using personal accounts to discuss business.” [Star-Ledger, 1/13/14]

 

Regina Egea Deleted Text Messages Between Her And Christie

A legislative report showed that there were 12 text messages exchanged between Chris Christie and Regina Egea on day the Port Authority started to question the Christie administration’s explanation for lane closures. “Contradicting sworn testimony and New Jersey Governor Chris Christie’s repeated accounts that he barely paid attention last fall to the burgeoning scandal surrounding politically-motivated lane closures on the George Washington Bridge, a new report shows there were 12 text messages exchanged between the Governor and a top aide during an explosive day of testimony a year ago. That was the day that top officials of the Port Authority of New York and New Jersey began to dismantle key elements of the Christie administration’s official explanation of events — that the lane closures were a traffic study gone awry. AT&T did not release the content of the texts, and it’s not unusual that the Governor and the aide would have been exchanging messages that day with the aide, Regina Egea, his incoming chief of staff and head of his authorities unit, who was monitoring the testimony. But  their previous denials raises the question of what other communications were deleted as the scandal unfolded.” [WNYC, 12/5/14]

  • Egea said the texts were not substantive and that she did not know when she deleted the texts. “In Egea’s own testimony last summer, the new report notes, she referred to a single text she sent that day as ‘not at all substantive.’ She said she ‘couldn’t recall’ a response from the governor. Egea acknowledged deleting the text, though she couldn’t say when.” [WNYC, 12/5/14]
  • Christie told friends he texts instead of emails because text messages are harder to trace. “The governor has told allies that he had learned when he was the United States attorney for New Jersey to communicate by text rather than email, because text messages are harder to trace. (Email can remain on servers even after being deleted; cellphone carriers vary in how long they preserve deleted texts.)” [New York Times, 8/27/14]
  • Regina Egea testified that she deleted text messages between her and Christie about the lane closings. “Gov. Chris Christie’s designated future chief of staff, Regina Egea, testified that she texted the governor about the lane closings in December, after testimony in a hearing that day disputed his administration’s assertion that the closings were part of a traffic study. But she said she deleted the texts.” [New York Times, 7/17/14]

 

Mike Huckabee

Mike Huckabee destroyed government hard drives before leaving office

Mike Huckabee “destroyed government-owned hard drives as he left office,” and was accused of violating state law.  “A lawsuit was filed Thursday against former Gov. Mike Huckabee that accuses the Republican presidential hopeful of breaking state law when his administration destroyed government-owned hard drives as he left office in January. Jim Parsons of Bella Vista filed the lawsuit in Pulaski County Circuit Court accusing Huckabee of violating the state’s Freedom of Information Act and a state law prohibiting damaging a computer without authorization.” [Associated Press, 7/27/07]

  • A lawsuit against Mike Huckabee asked the court to “send a message that destroying public records is not the standard operating procedure.” “The state’s Ethics Commission has previously dismissed two complaints that Parsons, a self-described ‘gadfly,’ has filed against Huckabee over the hard drives’ destruction. The lawsuit, described in the filing as a ‘citizen complaint,’ asks the court to ‘send a message that destroying public records is not the standard operating procedure’ of elected officials when they leave office.” [Associated Press, 7/27/07]

 

Mitt Romney

Private Email Accounts

 Mitt Romney used his private email account to discuss health care reform with his aides. “Through a public-records request, The Wall Street Journal obtained what is believed to be the most complete set of the internal emails to date, including attachments to some of the messages… In one message, sent from a private email account on a Sunday morning, Mr. Romney reported to aides his negotiations with then-State Senate President Robert Travaglini. ‘Spoke with Trav this AM,’ Mr. Romney wrote. ‘He isn’t ready to sign on to the deal as yet but I am confident a deal can be struck…’ ‘Important: we are NOT to tell anyone where he is on these,’ Mr. Romney added, because ‘he will have to make his own trades down the road perhaps.’ Mr. Travaglini didn’t return messages seeking comment.” [Wall Street Journal, 6/5/12]

  • Romney’s personal email was hacked.“A tipster has emailed Gawker claiming to have hacked into Mitt Romney’s private email and DropBox accounts. […]According to a raft of old emails from his days as governor of Massachusetts released today by the Wall Street Journal, Romney used the address [email protected] to communicate with his staff as recently as 2006. According to this Associated Press story, the Hotmail account was still active as of March 2012. And according to the tipster who claims to have hacked into it by guessing Romney’s favorite pet in response to a ‘security’ questions, it’s still active today[.]… [Romney campaign communications director Gail Gitcho] said, ‘The proper authorities are investigating this crime and we will have no further comment on it[.]’” [Gawker, 6/05/12]

Mitt Romney’s former chief of staff and campaign aide Beth Myers used a private email account for state business. “Republican presidential candidate Mitt Romney and some of his top aides used private email accounts to conduct state business at times when Romney was governor of Massachusetts, according to documents obtained by The Associated Press. The communications were legal, even though Romney’s own administration warned state agencies against the practice due to cyber security concerns. The state archives in Massachusetts which learned about Romney’s emails from the AP now says the private emails should have invoked rules about preserving copies of state records… The emails show that Fehrnstrom also communicated on state business at times from a private email account. So did former Romney chief of staff Beth Myers, now a senior campaign aide, as well as former aide Cindy Gillespie, now a Romney campaign fundraiser.” [The Associated Press, 3/9/12]

Mitt Romney and top aides used private email accounts for state business. “Republican presidential candidate Mitt Romney and some of his top aides used private email accounts to conduct state business at times when Romney was governor of Massachusetts, according to documents obtained by The Associated Press. The communications were legal, even though Romney’s own administration warned state agencies against the practice due to cyber security concerns. The state archives in Massachusetts — which learned about Romney’s emails from the AP — now says the private emails should have invoked rules about preserving copies of state records. […] Romney’s use of a free Microsoft Hotmail account and a private email address linked to his 2008 presidential campaign was revealed in documents the AP obtained under the Massachusetts Public Records Law. […]The private email accounts raise questions about why Romney and his aides sometimes bypassed Massachusetts’ official communications system — and how many of those emails remain and whether they could be disclosed to the public” [Boston Globe, 3/09/12]

 

Romney Staff Deleted Emails Out Of Fear Of Opposition Research Teams

VIDEO: Mitt Romney said emails were deleted to prevent them from being “provided to opposition research teams.” “[I]n a fairly stunning admission today during an interview with the editorial board of the Nashua Telegraph in New Hampshire, Romney suggested that his administration deleted emails because they didn’t want ‘opposition research teams’ to have access to them: ROMNEY: ‘Well, I think in government we should follow the law. And there has never been an administration that has provided to the opposition research team, or to the public, electronic communications. So ours would have been the first.’” [Think Progress, Nashua Telegraph Editorial Board, 11/21/11]

Mitt Romney: “There has never been an administration that has provided to the opposition research team or to the public electronic communications.”  While speaking at the Nashua Telegraph Editorial Board, when asked about the deleted emails during his time as Governor Mitt Romney said, “Well I think in government we should follow the law.  And there has never been an administration that has provided to uh the opposition research team or to the public electronic uh communications.  Uh so ours would have been the first administration to have done so.  Um, I, I don’t know about other states, I don’t imagine that’s been done in other states either.  Uh so what we did do, even though there is no requirement in Massachusetts for the governor or the legislature to provide any records of their deliberations and so forth, we voluntarily provided 700 boxes, uh from the executive departments, to the archives in Massachusetts, which include correspondence and so forth.  But uh, um, uh but as to whether or not we should have electronic records also uh provided to the public, that’s something that the legislature and administrations of various states should consider.  I don’t know what happens here in New Hampshire, what the, what the program is here.  But in the case of our, of our records, we would include in their job applications, deliberations on candidates for appointments to the justice uh positions, uh, um even health records of various people could be included.  And uh, and, if that were to be included in, in public, uh filings, it would violate the principles of uh, of personal privacy that normally are associated with people who provide that to the state.  So, the legislature could sort that through if they’d like, but simply saying we are going to dump all the communications in the administration would probably be something the legislature will have to think long and hard about.”  [Nashua Telegraph Editorial Board, 11/21/11]

 

Romney Destroyed Massachusetts Records

A Massachusetts state official said Mitt Romney asked for official permission to destroy records. “One state official, who asked for anonymity when discussing a politically sensitive issue, said at some point before he left office, Romney asked for official permission to destroy some of the records generated during his term as governor.  The official said that details of this request could only be made public in response to a freedom of information request. Reuters filed such a request on Monday.” [Reuters, 11/29/11]

The Romney administration destroyed files instead of sending them to the state archives, including travel expenses, pardon/commutation records and appointment files. “Starting in September 2006, the Romney administration began submitting applications to the Records Conservation Board to have documents moved to the state archives. They covered a wide range of topics, including gubernatorial correspondence, daily schedule files, photographs, briefing packets, and speeches.   At the same time, the board granted a request to destroy some documents, including routine items – such as vendor invoices, intern files, and accounting records – and those involving topics such as ‘travel expense records,’ ‘pardon/commutation records,’ and “individual appointment requests.’” [Boston Globe, 11/18/11]

Mitt Romney’s office was made off-limits to legislative aides collecting public records. “In the final weeks of Mitt Romney’s term as Massachusetts governor, a small team of aides combed through statehouse filing cabinets. They filled more than 630 cartons with papers destined for the state archives as the primary documentary legacy of his administration. One floor, though, was almost completely off limits to them: Romney’s inner sanctum, his third-floor office.  The former legislative affairs director who headed the archiving effort, John O’Keefe, recalls that his team was given a stack of Romney’s public schedules over four years and a limited variety of other documents from the governor’s executive office, but not much else. ‘We were told we were not in charge of archiving the third floor,’ he says.”  [Associated Press, 11/30/11]

 

Romney’s Office Destroyed Public Records Of Previous Governors

Reuters: Romney’s office requested and received permission to destroy boxes. “In the final weeks of Mitt Romney’s term as Massachusetts governor, his office sought and received permission to destroy 150 boxes of paper records of his tenure, according to documents obtained by Reuters.  Officials could not immediately confirm whether the paper documents he sought to eliminate were in fact destroyed and his spokeswoman said he had followed precedent and the law in dealing with his records when his term ended in 2007.  State officials had earlier said Romney, now a leading contender to be the Republican presidential candidate, spent nearly $100,000 in state funds to replace computers in his office as part of an effort to keep his records secret before he handed over to his Democratic party successor, Deval Patrick.  Among paper records which Romney was granted permission to destroy were boxes whose labels indicated they contained material relating to criminal pardons and commutations and what are described as ‘Litigation Files (closed).’” [Reuters, 12/16/11]

Mitt Romney’s governor’s office destroyed files from 1991-2006, which included three prior Republican governors.  “Files in these categories which Romney was granted permission to destroy covered the years 1991-2006, which meant that they covered records generated by governors before Romney and also during Romney’s 2003-2007 term. Also included were boxes containing material generated only during Romney’s tenure, including requests by individuals for appointments, a card index containing information about a summer job program and boxes described as containing a ‘Status Investigation File.’ The was no indication of what the investigation file contained.” [Reuters, 12/16/11]

Mitt Romney’s chief legal counsel Brian Leske signed the request to destroy documents. “The Massachusetts State Archives released details of Romney’s requests to destroy records earlier this week in response to a request from Reuters under the state’s freedom of information law.  The records include an official form, signed by state officials on October 4, 2006, indicating that state records authorities approved Romney’s request to destroy records boxes listed in a request submitted to the State Archives on September 20, 2006 by Brian Leske, Governor Romney’s chief legal counsel.” [Reuters, 12/16/11]

 

Romney Staff Purchased Hard Drives, Deleted Servers

Mitt Romney’s staff wiped all emails from the administration’s servers and eleven staff members purchased their state-issued computer hard drives. “Just before Mitt Romney left the Massachusetts governor’s office and first ran for president, 11 of his top aides purchased their state-issued computer hard drives, and the Romney administration’s emails were all wiped from a server, according to interviews and records obtained by the Globe.  Romney administration officials had the remaining computers in the governor’s office replaced just before Governor Deval Patrick staff showed up to take power in January 2007, according to Mark Reilly, Patrick’s chief legal counsel.  As a result, Patrick’s office, which has been bombarded with inquires for records from the Romney era, has no electronic record of any Romney administration emails, Reilly said.  ‘The governor’s office has found no emails from 2002–2006 in our possession,’ Reilly said in a statement. ‘Before the current administration took office, the computers used during that time period were replaced and the server used during that time period was taken out of service, all files were removed from it, and it was also replaced.’”  [Boston Globe, 11/17/11]

The Boston Globe: Thirty days after Mitt Romney’s cabinet secretaries left office, “their e-mails were automatically purged from the state’s central computers, wiping out records of decisions on an array of sensitive topics, from health care to raising state revenues.”  “Tens of thousands of e-mails authored or received by Cabinet secretaries in the last three Republican gubernatorial administrations were automatically wiped off state computers after the officials left office, destroying a huge trove of public records about major decisions of state government.  Computer systems erased the e-mails from the administrations of Acting Governor Jane Swift and Governors Paul Cellucci and Mitt Romney because state officials did not store the contents of their accounts by backing them up on central servers, according to state officials. In the case of the Romney administration, the automatic deletions occurred despite updated 2004 state guidelines that require preservation of certain electronic records.  That includes at least four of Romney’s top Cabinet officials. Thirty days after they left office, their e-mails were automatically purged from the state’s central computers, wiping out records of decisions on an array of sensitive topics, from health care to raising state revenues.”  [Boston Globe, 12/7/11]

Mitt Romney said his aides purchased the hard drives because “they may have personal information.” “Romney also sought to explain why his aides purchased their hard drives, something that officials from past administrations said they had never heard of doing. ‘‘They may have personal information on there—medical records, resumes from people who have applied for jobs, judicial appointments made, and people applying for those positions,’’ he said. ‘‘Those are confidential, of course. [It] would not be appropriate to put them in the public domain. We’d be violating our trust in doing so.’” [Boston Globe, 11/21/11]

Mitt Romney’s chief of staff and deputy chief of staff were 2 of the 11 Romney administration staffers who purchased 17 hard drives. “All told, 11 Romney administration officials bought 17 hard drives from the governor’s office, paying $65 for each one, according to copies of cancelled checks that they wrote and members of the current administration. Many of the aides wrote ‘equipment’ or ‘hard drives’ in the memo space on their checks.   Beth E. Myers, who was Romney’s chief of staff, bought her hard drive on Aug. 18, 2006, the same month that she left state employment. She later became Romney’s campaign manager.  Peter G. Flaherty, who was Romney’s deputy chief of staff, bought the hard drive from his computer on Nov. 3, 2006, four days before Patrick was elected governor, defeating his Republican opponent, Kerry Healey, who was Romney’s lieutenant governor. Flaherty later became the Romney campaign’s chief liaison to social conservatives.  The rest of the hard drives were bought in November and December of 2006 by other aides.”  [Boston Globe, 11/17/11]

Mitt Romney’s personal aide Natalie Crate purchased three hard drives. “As part of two public records requests the DNC is filing today, the partisan organization is asking for documents related to the staff purchases of the hard drives, as well as the legal basis of such requests. It also specifically asks for information related to purchases by Natalie Crate, who at the time was Romney’s personal assistant. The Globe reported last week that Crate purchased three hard drives, but it is unclear whose she purchased. Romney’s campaign would not say last week whether Romney had used a computer that contained one of the purchased hard drives, and Crate did not return messages seeking comment.” [Boston Globe, 11/21/11]

Massachusetts officials said the move was “legal but unusual for a departing governor.” “The move during the final weeks of Romney’s administration was legal but unusual for a departing governor, Massachusetts officials say.” [Reuters, 12/16/11]

The effort to purge the records was made a few months before Mitt Romney launched his 2008 presidential bid. “The effort to purge the records was made a few months before Romney launched an unsuccessful campaign for the Republican presidential nomination in 2008. He is again competing for the party’s nomination, this time to challenge Barack Obama for the presidency in 2012.” [Reuters, 12/16/11]

Massachusetts Secretary of State William F. Galvin: The Romney administration had “an obligation as a public official to preserve their records.”  “Secretary of State William F. Galvin, who oversees the state Public Records Law, said it appeared odd that state property – in this case, hard drives — was essentially being sold to private individuals.  ‘I don’t sell things to people who work for me,’ said Galvin, a Democrat. ‘I’ve heard of people getting their chair or something as a gift. But generally if you work for me you don’t take your laptop with you when you leave.’ Galvin pointed out that, in 1997, the Supreme Judicial Court ruled that ‘the governor is not explicitly included’ in the Public Records Law. He said that means that emails don’t have to be released to the public, but the governor’s office still has to preserve them and turn them over to the state archivist. ‘They have an obligation as a public official to preserve their records,’ Galvin said. ‘Electronic records are held to the same standard as paper records. There’s no question. They’re not in some lesser standard.’”  [Boston Globe, 11/17/11]

The Executive Director of Common Cause Massachusetts said that Massachusetts was “losing something if all records were deleted.” “Pam Wilmot, executive director of Common Cause Massachusetts, said Romney administration officials may not have violated the letter of the state Public Records Law, but may have run afoul of its spirit. ‘Information that was generated in the administration belongs to the people of the Commonwealth, unless it was personal in nature,’ she said. ‘There is a place for purchasing of surplus property, but there are procedures to do that. And it seems that we are, as a Commonwealth, losing something if all records were deleted.’” [Boston Globe, 11/17/11]

Romney defenders claimed the purchases were routine

Mitt Romney’s chief legal counsel during his administration said that it was a longstanding practice to sell old equipment to employees. “Romney’s chief legal counsel during part of his administration, Mark Nielsen, said Romney’s actions were legal, telling the Globe earlier this week that “The longstanding practice in the governor’s office was to give employees the option to buy old equipment when they were leaving office, and certain employees, including me, did that.’’ Romney’s counsel at the time he was preparing to leave office, Brian J. Leske, did not return a message yesterday.” [Boston Globe, 11/18/11]

VIDEO: Mitt Romney claimed his staff followed the law exactly as it was written when deleting emails and purchasing hard drives. “Presidential candidate Mitt Romney defended the actions of his aides accused of buying their state computers and wiping a server clean prior to leaving the governor’s office in 2006, saying that “they all followed the law exactly as it was written.”  “We actually put in 700 boxes of information into the archives that were not required,” Romney told ABC News’ Boston affiliate WCVB outside a luncheon fundraiser at a Manchester hotel. “We followed the law as intended and as written.”  Asked whether he thought politics were in play in regard to the article that brought the aides’ purchases to light, Romney laughed and said, “I can’t imagine politics being involved in a campaign.”  Further questioned as to whether there was cynicism in his response, Romney responded, “No, just humor,” before climbing into his SUV.”  [ABC News, 11/18/11]

Those with direct experience said the practice was unheard of

A top aide to former Republican governors in Massachusetts said he was not familiar with purchasing old equipment as being a long-standing practice. “But officials in prior administrations said they were not familiar with such purchases as a long-standing practice. Peter Forman, who was Cellucci’s deputy director of finance and chief of staff to Swift, said he had not heard of administration officials buying their hard drives. ’Nobody offered it to me any more than they offered any other furniture,’ Forman said. ‘Why would you want to buy your computer? It’s an old computer, it’s a used computer. I certainly didn’t do it. And I’m not sure why anyone would, if it’s all centrally backed up.’”  [Boston Globe, 11/18/11]

A top aide to former Republican Governor Jane Swift said the purchase of hard drives was “unthinkable” and a “bad idea. “Top aides to the three Massachusetts governors who preceded Mitt Romney – all of them Republicans – said yesterday they know of no instance when state employees purchased their computer hard drive as they left the administration, as 11 of Romney’s aides did in 2006 as he was laying the groundwork for his first presidential campaign.  The aides from the administrations of William F. Weld, Paul Cellucci, and Jane Swift all said they were not aware of such purchases being made previously.  ‘I don’t remember anybody buying their hard drives. I don’t remember anybody buying anything,’’ said Stephen P. Crosby, who worked for Romney’s two predecessors and handled the transition between Jane Swift’s outgoing administration and Romney’s incoming one, and who was also co-chairman of Governor Deval Patrick’s budget and finance transition team. ‘I can’t even remember anybody discussing it. It certainly wasn’t [standard operating procedure] in any way. That’s almost unthinkable. It seems inherently a bad idea. You almost think you’d want to have a record of everything going on for the public.’’ [Boston Globe, 11/18/11]

Reuters: Theresa Dolan, former director of administration for the Massachusetts Governor’s office said that “no one had ever inquired about, or expressed the desire” to purchase their computer hard drives before Romney’s tenure.”  “However, Theresa Dolan, former director of administration for the governor’s office, told Reuters that Romney’s efforts to control or wipe out records from his governorship were unprecedented.  Dolan said that in her 23 years as an aide to successive governors ‘no one had ever inquired about, or expressed the desire’ to purchase their computer hard drives before Romney’s tenure.”  [Reuters, 12/6/11]

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