Sunday, March 25, 2007
If there was an investigation occurring of possible criminal activity, federal agents would proceed by either subpoenaing the documents from the accused or obtaining a search warrant. DOJ has not been intimidated in their investigations, even going so far as to allow a search of a congressman's office. (see discussion of search of Rep. William Jefferson office here)
With this backdrop, one has to wonder why the DOJ is being allowed to produce what it wants in emails. Why are the calendars allowed to be redacted so that no one can see the remaining entries, and is anyone checking to see that DOJ officials are really producing all the necessary documents? Perhaps there should be judicial oversight making these decisions, and perhaps that requires a special prosecutor. Is this a mere employment matter? Was there no criminal wrongdoing here? And should we trust them on calling this one correctly?