Bending the Third Rail
Because We Should, We Can, We Do
Friday, March 23, 2007
Interesting Legal Argument
This is one of the better legal arguments I've heard as to why Rove shouldn't be able to use executive priviledge:
Alexis Simendinger writes in a National Journal story (subscription required): "White House Deputy Chief of Staff Karl Rove may have forfeited potential claims of executive privilege over the dismissals of eight U.S. attorneys-- if he communicated about the latter outside the White House e-mail system, using his Republican National Committee e-mail account or RNC equipment. Or at least that's a legal possibility posed by rapidly advancing electronic technology and the evolving work habits of busy White House officials. . .

"According to one former White House official familiar with Rove's work habits, the president's top political adviser does 'about 95 percent' of his e-mailing using his RNC-based account. Many White House officials, including aides in the Political Affairs Office, use the RNC account as an alternative to their official government e-mail addresses to help keep their official and political duties separate. Although some White House officials use dual sets of electronic devices for that purpose.
Would it not be ironic that in his attempts to keep his communications away from scrutiny, Rove sinks his ability to claim executive priviledge?
Written at 12:17 PM by Greyhair.
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