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From:

http://www.nytimes.com/library/politics/033100wh-email.html

The New York Times
March 31, 2000

Clinton Aide Vows to Provide Subpoenaed E-Mail Soon

By MARC LACEY

ASHINGTON, Mar. 30 -- The White House counsel, Beth Nolan,
testified before a Congressional committee today that the large
cache of misplaced electronic mail at the center of a controversy
would be recovered and supplied to investigators within six
months, far sooner than her previous prediction of a two-year
delay.

But the contracts that the White House signed this week with
computer companies to recover the lost messages for an estimated
$2 million did little to stem criticism from Congressional
Republicans, who are furious that presidential aides did not
disclose the problem when they learned of it almost two years
ago.

In June 1998, top White House officials were told that their
computer system was not storing some e-mail correspondence
properly because of unintentional system errors. The problem was
fixed in November 1998 but thousands of messages received by
presidential aides before then were not put into an archival
system that made them available for searches in response to
subpoenas by a variety of investigating agencies.

A separate flaw in the computer system in Vice President Gore's
office has affected incoming and outgoing e-mail correspondence.
Ms. Nolan said that computer specialists are still trying to fix
the problem there; meanwhile, she said, aides to Mr. Gore have
been instructed to print out incoming messages in case they are
needed later.

Nobody is sure what is on the misplaced electronic
correspondence, which involves messages sent to White House
personnel from outside the system and covers 1996 to 1998. But
investigations of several controversies, including campaign
finance and Monica S. Lewinsky, were underway in that period.

At a hearing today before the House Government Reform Committee,
Ms. Nolan testified that White House officials learned of the
problem in 1998 but only recently became aware that it might have
kept the White House from supplying correspondence sought by
independent counsels, congressional committees and the Justice
Department.

"No one attempted to hide responsive information from this
committee or from any other investigative body," said Ms. Nolan,
speaking for the executive office of the president. "The E.O.P.
has produced or identified to this committee all responsive
information that it located, including over 7,700 pages of e-mail
records in the campaign finance investigation alone."

But Ms. Nolan, who took over the White House's top legal job last
August and testified before Congress today for the first time in
the post, came under harsh criticism from Republicans who did not
believe her account.

"I seriously doubt that explanation," said Representative Dan
Burton, the Republican of Indiana who is the committee's
chairman. He vowed to introduce a House resolution recommending
that Attorney General Janet Reno name a special counsel to
investigate the matter.

The Justice Department's campaign finance task force is already
conducting a criminal investigation of the controversy, including
contentions that White House officials threatened the computer
specialists who discovered the problem to keep the matter under
wraps.

Mr. Burton is skeptical that the Justice Department will
vigorously investigate the matter. Still, he recommended today
that the department prosecute a White House computer specialist
for committing perjury in connection with the affair.

Daniel Barry, the specialist, filed an affidavit in a civil suit
in which he said that White House e-mail messages were being
stored by the Automated Records Management System, an archive
that could be searched for subpoenaed messages, since 1994. But
in that affidavit, he did not mention the problem that had
resulted in large numbers of e-mail messages not be properly
captured.

Ms. Nolan and Robert Raben, a Justice Department lawyer,
testified today they did not know who assisted Mr. Barry in
filing his affidavit. Irritating congressional Republicans, Ms.
Nolan also maintained that while Mr. Barry's affidavit may not
have disclosed information about the missing e-mails, it was
still literally true.

Representative Henry A. Waxman, Democrat of California, accused
his Republican colleagues of overreaching in an effort to create
another scandal. He said that not enough information was known to
determine whether White House officials had illegally covered up
the computer problems to stymie investigations of the
administration.

"Deliberate concealment would seem to be a case of obstruction of
justice," Mr. Waxman said. "Honest confusion, on the other hand,
would be regrettable but understandable. And until we know the
facts, we should be careful about making unsubstantiated
accusations."

Ms. Nolan said the question of what the e-mail messages contain
may be resolved within 170 days, after two Virginia-based
contractors -- E.C.S. Technologies and the System Research and
Applications Corporation -- scan the messages from backup
computer tapes. Ms. Nolan said that the White House would turn
over any relevant correspondence to investigators starting in
June.

But Republicans are furious that they do not already have the
messages, and say they are concerned that the White House will
try to drag out the process of finding and turning over the
e-mail messages, perhaps until after the presidential election or
after Mr. Clinton leaves office.

Copyright 2000 The New York Times Company





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