In its report documenting the White House’s destruction of five million emails, CREW also reminded us that in January 2006, special prosecutor Patrick Fitzgerald informed the Scooter Libby defense team that some of Rove’s emails from his White House account in 2003 were not saved as required by federal law. The key portion of Fitzgerald’s letter:
CNN’s Ed Henry talked to Rove lawyer Robert Luskin today about the missing emails. Luskin admitted, “There was a gap there. … I have no reason to doubt Patrick Fitzgerald.” Watch it:
The controversy surrounding Rove this week has involved his RNC email account. The RNC acknowledged that, while they instituted a new policy in 2004 to preserve emails, there appear to be no records from White House senior political adviser Karl Rove until 2005, leaving open “the possibility that Rove had personally deleted the missing e-mails.” According to the RNC, the Committee took action specifically and singularly against Rove in 2005 to keep him “from deleting his e-mails from the RNC server.”
With respect to Rove’s White House account, federal law requires the preservation of all such messages. Missing emails could be a violation of the Presidential Records Act. The revelations first reported by Patrick Fitzgerald, now given new life because of the firings of eight U.S. attorneys, raise questions about whether the public is getting the full story on these or other White House scandals.
UPDATE: Christy Hardin Smith has a statement from Patrick Fitzgerald’s spokesman:
I had e-mailed Patrick Fitzgerald’s spokesperson last night to see if he had any comment on Mr. Rove’s alleged deletion of e-mails from the RNC server during the time that the investigation would have been ongoing. I just got a response from Randall Samborn that, indeed, the office was aware of the reporting on this matter, that he had received not only my questions but a number of others from news organizations, but that he would be “declining comment (of course) to questions about this matter.”
UPDATE II: CREW is asking Patrick Fitzgerald to re-open investigation of Rove’s role in the Plame leak, in light of the missing emails.