Emails from the “Voter Fraud” Crypt

Why, oh why is there not an effective opposition party in the U.S. Congress?

The last time “voter fraud” was as high on the GOP’s agenda as it now is on Trump’s, it led to the politically-motivated firing of nine U.S. Attorneys, which caused a scandal that resulted in the resignation of Attorney General Alberto Gonzales.

During the Congressional investigation into the firings, it was revealed that millions of emails were missing, some of which were germane to the issue at hand. They had been stored on a private RNC email server.

Here is some relevant detail from a Newsweek story published September 12, 2016:

The supposedly lost emails also prevented Congress from fully investigating, in 2007, the politically motivated firing of nine U.S. attorneys. When the Democrat-led Senate Judiciary Committee subpoenaed related emails, Bush’s attorney general, Alberto Gonzalez, said many were inaccessible or lost on a nongovernmental private server run by the RNC and called gwb43.com. The White House, meanwhile, officially refused to comply with the congressional subpoena.

Senate Judiciary Chairman Patrick Leahy (D-Vt.) called the president’s actions “Nixonian stonewalling” and at one point took to the floor in exasperation and shouted, “They say they have not been preserved. I don’t believe that!” His House counterpart, Judiciary Chairman John Conyers (D-Mich.), said Bush’s assertion of executive privilege was unprecedented and displayed “an appalling disregard for the right of the people to know what is going on in their government.”

In court in May 2008, administration lawyers contended that the White House had lost three months’ worth of email backups from the initial days of the Iraq War. Bush aides thus evaded a court-ordered deadline to describe the contents of digital backup believed to contain emails deleted in 2003 between March—when the U.S. invaded Iraq—and September. They also refused to give the NSA nonprofit any emails relating to the Iraq War, despite the PRA, blaming a system upgrade that had deleted up to 5 million emails. The plaintiffs eventually contended that the Bush administration knew about the problem in 2005 but did nothing to fix it.

Eventually, the Bush White House admitted it had lost 22 million emails, not 5 million. Then, in December 2009—well into Barack Obama’s administration—the White House said it found 22 million emails, dated between 2003 and 2005, that it claimed had been mislabeled. That cache was given to the National Archives, and it and other plaintiffs agreed, on December 14, 2009, to settle their lawsuit. But the emails have not yet been made available to the public.

The Senate Judiciary Committee was operating on a different track but having no more luck. In a bipartisan vote in 2008, the committee found White House aides Karl Rove and Joshua Bolten in contempt of Congress for refusing to comply with subpoenas in the investigation of the fired U.S. attorneys. The penalties for contempt are fines and possible jail time, but no punishment was ever handed down because a D.C. federal appeals court stayed the Senate’s ruling in October 2008, while the White House appealed. Rove’s lawyer claimed Rove did not “intentionally delete” any emails but was only conducting “the type of routine deletions people make to keep their inboxes orderly,” according to the Associated Press.

By then, Obama was weeks away from winning the election, so the Bush administration basically ran out the clock. And neither the Obama administration nor the Senate committee pursued the matter.