Friday, January 4, 2008

Last Minute Withdrawal From Election by Texas DA

An earlier post (here) discussed some problematic e-mails between Harris County (Texas) DA Charles Rosenthal and his administrative assistant-- which were a bit steamy -- that had been inadvertently disclosed during discovery in a federal civil rights lawsuit against the sheriffs department.  The intrigue has now grown with Rosenthal's withdrawal from the race for re-election in a terse letter (available below) time-stamped a whole three minutes before the deadline for candidates to be included on the primary ballot.  The e-mail controversy gets even more interesting because, according to a story in the Houston Chronicle (here), right after Rosenthal announced his withdrawal the federal judge in the civil rights case scheduled a hearing on the issue of 2,000 e-mails that had been deleted over a weekend from his computer.  While the e-mails were eventually recovered, the district judge probably has a few questions regarding the timing of the attempted removal and the reason for it.  Once again, remember that hitting the "Delete" button does not really mean the file is gone, and that it's not what you did, it's the cover-up that gets people in trouble.  (ph -- with thanks to an Austin reader)

Download rosenthal_withdrawal_letter.pdf

http://lawprofessors.typepad.com/whitecollarcrime_blog/2008/01/last-minute-wit.html

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