Wednesday, March 28, 2007

Oh the irony

Too clever by half (where did that expression come from?)
White House personnel appear to have been systematically avoiding using their government emails on the job because they knew they might some day be subpoenaed.

But as we noted earlier with Karl Rove, this may have been too clever by half. If the president's aides were using RNC emails or emails from other Republican political committees, they can't have even the vaguest claim to shielding those communications behind executive privilege.
[update] more here on what it may mean for executive privilege.
A further interesting question is the extent to which using RNC e-mails to communicate stuff about meetings with Bush et al should be viewed as a further waiver of other executive privilege claims, at the limit on everything pertaining to the meetings and topics discussed in the RNC e-mails. On this point I would have to defer to those more knowledgeable than I am about how the attorney-client privilege is interpreted and applied.

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