Palins Email Policy Blows.
If there’s one thing that Sarah Palin did during her brief try-out as Alaska’s governor, she showed us where the leaks were. I’ve compared her short time in office to the rental of one of those “blower doors” you can rent and attach to an open door of a building to show you where the leaks are. It basically “sucks the air out of the room” (not unlike the ex-gov herself), and you can put your hand up to light switches or the edges of windows, or outlets and feel a stream of cold air coming through.
One of those streams of cold air revealed by the Palin administration came in the form of email accounts. The state is set up nicely with an email system that has the suffix .gov. Any emails ending in .gov are used to keep a record of state business as part of the public record. It’s our government after all. Remember that “of the people, by the people, for the people” stuff? Well .gov emails belong to US. And that’s why they’re not supposed to be used for partisan political purposes, or campaigning for your next term in office. And you really shouldn’t be on there talking about fantasy football, or sending steamy messages to your date last night, or talking about the Oscars. During work hours, you’re supposed to be doing the people’s work. And those emails on the .gov account don’t really belong to you and are subject to disclosure to the public via records requests.
That’s why people do personal business on their personal email accounts. But what about running government business on a personal account? What about pipeline negotiations, or board appointments, or accounts of what happened in meetings, or budget issues, or things that people may need to look up at some time in the future? What about the public, who wants to know what their public officials are talking about, or doing with their time, or what was said on a particular issue like game management, or mining, or oil and gas, or taxes, or any other legislation? And what about the historical record? What if you, as a member of the public, fill out a public records request to find out information about something, and you’re told there’s nothing there. And what if there really is something there, but it’s been discussed on an email exchange between Governor@hotmail.com and AttorneyGeneral@mosquito.net? Or Commissioner@yahoo.com and Mayor@gmail.com?
That’s what Andree McLeod was worried about when it came to light that Sarah Palin was doing business with administration officials outside of the state email system. It came to national attention during the early days of the McCain Palin campaign, in September of 2008. That’s when we got the news that a hacker had gotten in to then Governor Palin’s private Yahoo! account, where it was very obvious she’d been doing business. Other than the fact that a Yahoo! account sounds less than gubernatorial, and is less than transparent, security can also be a problem. All the hacker had to do, was to answer the super-secret “only she would know” question to reset the password. Ready for the question?
Q. Where did you meet your husband?
A. Wasilla High
And that was that. When choosing a security question, it’s usually a good idea not to make it something to which the answer can be looked up in a recently published biography, and that you’ve discussed openly in interviews.
I don’t know what that scene must have been like – the young hacker, sitting in his dorm room, like Matthew Broderick in War Games, cracking his knuckles, staring at the screen and typing in “Wasilla High” [enter] BINGO! I’m sure it was a thrilling and terrifying moment for the young hacker. The Holy Grail on the first try.
I’m sure David Kernell, University of Tennessee student and son of long-term Tennessee state legislator Mike Kernell (D) now thinks it probably wasn’t such a great idea.
[He] faces a four-count indictment accusing him of stealing Palin’s identity, improperly accessing her personal e-mail account, allowing at least one other person to access it and trying to wipe from his laptop evidence of his alleged crimes.
Back in Alaska, government watchdog Andree McLeod sued, saying that it should be illegal for the people’s business to be conducted on private email accounts. Today, Judge Patrick McKay refused to reconsider his ruling stating that it was not forbidden for state business to be conducted on these accounts. Material on state business should be submitted for archiving, he said, but the rules allow for some interpretation. Room for interpretation. Hmmm. It’ll have to be hammered out in the legislature, apparently.
“We realize that under the current law, e-mails that should be preserved can disappear, thus hiding ‘bad motives,’ but it is not this court’s role to overturn an unambiguous, properly enacted law,” McKay wrote.
McLeod’s attorney, Don Mitchell, said Thursday morning that he’d been out of town and hadn’t reviewed the decision. He has said McLeod could appeal to the state Supreme Court.
The attorney for a University of Tennessee student accused of hacking into the account on Wednesday challenged search warrants in the case. Wade Davies, attorney for David C. Kernell, questioned a magistrate’s authority to issue search warrants for Internet companies outside Tennessee.
McLeod and her attorney Don Mitchell are now considering whether to appeal the decision to the Alaska Supreme Court.
And while an army of Palin devotees lauds this ruling as having come down in favor of the almost-one-term ex-governor, the current governor Sean Parnell (R), has at least said:
When executive branch employees conduct state business through email they must, whenever feasible, use the state’s electronic mail system. In some circumstances, employees may need to use, or may inadvertently use, private email accounts to conduct state business….
This statement may prevent future government business from being Palinized, escaping the state’s archiving process, and slipping away into the Yahoo! cyberspace black hole – at least whenever it is “feasible.” He, unlike the perennial Palin cheering squad, may realize that this isn’t actually a McLeod v. Palin death match. It’s about issues of transparency and accountability that affect all Alaskans, regardless of political partyaffiliation. So, until this can be addressed in the legislature, we can hope for ‘feasibility’ – at least until the end of Parnell’s term.
Other questions of legality will be addressed in a courtroom in Knoxville, Tennessee later next month. That’s when alleged victim Sarah Palin will take the stand and give testimony under oath. This ought to be interesting. I wonder how many attorneys out there wish they were Wade Davies, the Tennessee attorney who will be the one asking the questions. Sources who know say she may be in for a rough day.
Kernell’s defense attorney, Wade Davies, wants Palin to bring any documents relating to that account – when it was opened, how it could be accessed and why and who was allowed to use it.
“I don’t want to get in the position where at the last minute there are questions about whether (subpoenas) were properly delivered,” Davies told U.S. Magistrate Judge Clifford Shirley on Wednesday when seeking the legal OK to electronically serve witnesses, including Palin.
Federal prosecutors have insisted Davies’ records request of Palin is a veiled fishing expedition. Shirley will hear more about the subpoena debate at a March 24 hearing.
So, grab your Sharpies and circle March 24 on your political calendar. And then circle April 20. That’s the day of the trial. More news on the Alaska side of this story as it develops.
Time to stock up on popcorn….
Under Oath. Niiiice.
Poor court reporter!
Thank you AKM, through your wit, wisdom and writing strength, you elucidate the heart of the matter. It really isn’t a death match between Sarah and Andree, it’s bigger than them. It is about the public record and transparency, institutional memory.
If only Parnell pulled a Palin and asked her cadre of unqualified appointees for their resignations and then given them opportunity to present their case in keeping their job under a different Administration, perhaps Captain Zero would reveal more character. Lisa Murkowski did this very thing with her father Frank’s staff for goodness sake!
Palin campaigned for this job, she asked Alaskans to trust her, to believe that she could be our Chief Executive and to hold her accountable as she stood on her ethics soapbox!
Her persecution complex and smarmy followers have turned fair game questions and challenges into frivolous categories, it’s disgusting. For whatever embarrassing and less than ideal Gubernatorial and Presidential qualities and behaviors this case brings to the public record (especially since she’s never met a question she can answer) it is possibly the only means if she is never brave enough to run for office again.
Seagull beat me to it… that poor stenographer!!
Oh, and as for the movie War Games reference, in the scene where NORAD folks are trying to beat the computer game, there is a handy visual scenario of the protocol involved with Russia rearin it’s head at Alaska’s narrow maritime border.
It doesn’t involve a Sarah Palin sending those out to deal with a matter if national security.
: )
In what scenario does Ms. Palin fail to show up at the appointed time?
She comes out with a statement saying she never agreed to show up at the event, and that it must have been a miscommunication. Luckily at the last minute Newt Gingrich shows up in her place. AKM
Can we offer questions that the former half term gov. can answer to determine the credibility of the witness???
Please please please say yes!!!
The circus continues. It’s amazing how utterly ridiculous the judge’s ruling was.
State Supreme Court ….Huh…..????
Andree… are you a sports fan? ( I hope so )
” Just DO IT!!”
A little off topic- but has $arah Phalin ever made a comment about the exit that Meg Stapleton has made? As in no salad wordy heartfelt thanks for all her time serving her or is her silence speaking louder than her ipalm.
That’s what I mean…I don’t see where judges want to learn enough about the intertubes so as to be able to render a fair, true judgment. Like, becoming an IT expert seems so hard after all they’ve done but if they refuse to learn the protocols of even rudimentary IT protocols they will be unable to determine when they are being handed a line of specious reasoning believing that their mantles are fine substitutes for reality and fairness. It’s unfortunate but I have read case transcripts wherein a well-meaning judge may inquire and receive very rebuttable wrong information and the other side fails to pursuade. Perhaps we should pass a law that judges should all complete IT continuing ed as a prerequisite for continuing to sit in chambers. Just a thought. It’s a brave new world and awl.
Since Sarah Palin was using her personal e-mail account for State business, It would stand to reason that all of her e-mails on that account should be privy to any citizen of Alaska by a freedom of information request. She de facto declared that account is a State of Alaska account when she conducted State business on it, and the judge that ruled on it seemed to agree.
If I was that kid’s lawyer, Sarah Palin would be answering a lot of questions, unscripted questions Sarah Palin had no chance to practice on.
I hope you’re planning on cross-posting this blog entry at HuffPo, AKM…
..how small can she write and still see the answers on her palms ? gonna need an extra pair of hands…..
Will a translator fluent in Word Salad be present?
Wow! Could be interesting. Lol with all who are commiserating with the stenographer! Rosetta for Palinese might be in order for that poor soul.
I hope McLeod and her lawyer will appeal to the AK Supreme Court. Hopefully, that is one “panel” who can judge on this fairly and facilitate some changes and charges.
As for Sarah Palin taking the stand….I’ll believe it when I see it. I bet she doesn’t do it.
Saw this schedule on Plaingates for the former half-Governor’s appearances for next month:
Wine & Spirit Wholesalers Convention, Las Vegas, NV – April 6-8
Campaign for Michelle Bachmann, MN – April 7
Southern Republican Leadership Conference, New Orleans, LA – April 10
Teabaggers, Boston, MA – April 14
Charity of Hope Fundraiser – Canada – April 15
Women of Joy! Louisville, KY – April 16
Fundraiser for Washington Area Community Center, Washington, IL – April 17
[Trial, Knoxville, TN - April 20]
Barbara Bush Celebration of Reading, Houston, TX – April 22
Lane County Republican Party, Eugene, OR – April 23
CAP Family Dinner, Glendale, AZ – April 24
(Hard to resist the urge to fly out and join “Women of Joy!” and the “Barbara Bush Celebration of Reading.”)
Can’t vouch for its veracity but it does show the start of the trial on April 20. Her lawyers must be angling for her to show up and tell her usual odd version of events in the first two days because she’s got to start hop-scotching over the West right after that.
I have a vision of the court reporter replacing the usual equipment that must have some kind of coded shorthand version of the words with pictures of lettuce, raddishes, kale, arugula (no, only President Obama uses that word), parsnips, beets, etc.
Lots of AKM comments on our comments in the last few days. Way more than usual. Spring is in the air. Fired up. Ready to go.
Coming out of hibernation…. slowly… : ) AKM
I have *both* my work email account *and* my private email account set up on the computers I use. I daresay thousands and thousands –if not millions– of other folks have the same set up on the computers they use.
I’ve been known to send work-related emails from home and non-work-related emails from work; I always use my work account to send the former and my personal account to send the latter. It’s just plain old common sense to keep the two activities separate {caveat: as my DH keeps reminding me, “If commmon sense *were* common, everyone would have it!” I tend to ignore his wisdom on the issue.}
That said, I bet Missy Word Salad will somehow get it on record that she, also too, had state (.gov) and personal (.yahoo) accounts set up on the computers *and* blackberrys she used, but was so busy with all the obligations of governing and progressing the state that she really didn’t have time to check to see which account she was using to send and receive state-related emails. IOW, she’ll get it on record (for possible use later on – with Andree, maybe?) that she did nuttink, NUTTINK! I tell you, wrong by ‘occasionally’ sending out/receiving work emails from/on her personal account ~ did *nothing* intentionally secretive or underhanded or purposefully-cloaked or behind-the-citizen’s-back by sometimes ‘mixing up’ the 2 accounts. [Whoa, didn't her .yahoo emails have an automatic signature block with her gov title, gov address, and all on it? Why, yes -- yes, I believe they did. Oh well; minor detail...]
I’m putting my money on her being a no-show at the trial. She’ll be deposed under oath, to be sure, but she won’t show up at the courthouse. (The media’ll be there, doncha know, and we all know how the media just can’t wait to make things up about her and her family!) Van Flea –or whoever is representing her– will argue the trial isn’t about her, it’s about the criminal activity of the hacker.
She’ll, once again, get a pass and she’ll end up claiming she’s been vindicated — she’ll claim total exoneration and complete ‘victory’ over those frivilous lawsuits spawned from her having used *private* email accounts for *government* work. That’s what’s so fantastically wonderful about PalinWorld — reality and truth are optional.
Are UK and/or Vegas bookies placing odds on her showing up in court, yet – does anyone know? beth.
Since Sarah Palin used a Yahoo e-mail acct. for the State’s business, I feel she is the one who dropped the ball and the State’s business was open game.
After all—–anyone who leaves the safe open at a bank, and the money disapears—–who is at fault? DUH!!!!!!
She is responsible for protecting State’s business. She is the one who is guilty.
I hope they fry her A#$%%!!!!!!
Beth, you’re probably right.
And let’s never forget…it’s all about the troops.
lol…I agree with Seagull about the court reporter having issues keeping up…I bet fingers will be flying with ms. chronic word salad, to quote CO almost native. I hope they make her answer yes or no with no room for lying elaborations. I think that hacker kid should get an award for breaking through the corruption…without him, nobody would ever have known.
It would be sweet justice served if they can incriminate palin like OJ in the Las Vegas hotel debacle, after getting away with all else in the criminal and civil trials. The only way to catch palin is through a side door…one that is easily plowed.
When I read the last paragraph, instructing me to get out my Sharpie, I starting writing on my hand before I got to the part about noting the dates on my calendar. See, it’s so easy to make that kind of mistake; we all write stuff on our hands. And, copy our spouse on state business thus waiving any expectation of confidentiality. And carry two blackberries around in one hand; doesn’t that woman own a pocket book or a brief case? Didn’t anyone think to give her one to make her look professional? Sorry, I got carried away.
Appearing in court is not an option. But then, the word “subpoena” does have a different meaning in Alaska. Most of us in the lower 48 think that it is a lawful command to appear in court or respond to the request. Troopergate reminds me that in Alaska, it is appearance-optional, without fear of punishment.
Every one on this thread should just stop makin’ stuff up. Right now.
Really.
{ An abrupt aside:
beth. }
Mystery solved: The life insurance contract for Mayor Sully Sr was sent to him (and his trustee, Mayor Sully, Jr) by Ancorage gov authorities via private email account and all copies of it have since been lost in the black hole of cyberspace…never to resurface in this world again. Ever! A hacker probably stole it. Or the ISP maybe went belly-up and all the data was lost. Or the hard drives all got a killer virus and irretrievably crashed. Or whatever. Not even $193K can ever retrieve *any* copy of the contract. Ever! Yeah, that’s the ticket… What say you, Junior?
All indicators point to Hollywood Palin next exercising her belief in transparency at an MTV Spring Break live shoot from South Padre Beach Texas: at a wet T-Shirt contest. That’s transparency we all can believe in!
AncHorage… well, at least: Anchorage. b.
Letterman is on here just now. Whaaa!!!! Can someone make sure he gets word about this email story so he can ‘ explain ‘ in His way what Sarah’s thinking was here..?
I’ll bet he could do a very good of job with this story… with His perspective.
Tonights monologue…small talk.. etc..
He comes out and says ( paraphrasing )
” Did you know…Today is Barbie’s Birthday.. were you aware of that. She is 44 yo old today….. everybody knows Barbie ”
“Yes… Barbie…. She’s the ‘ OTHER pretty plastic Doll ‘… who DIDN’T run with McCain”……. OUCH!!!!… and OUCH!!! again.
I guess Sarah and Tawd will think twice before they say nasty things again about a Professional Comedian.
Leno could have her back to produce a witty comeback….?
( BTW Sarah: … the Joke he told tonight was NOT about your daughter )
Judge McKay: “We realize that under the current law, e-mails that should be preserved can disappear, thus hiding ‘bad motives,’….”
“Disappearing emails” and hiding bad motives”……pretty much nails the Palin way of doing business.
Take the appeal to the Alaska Supreme Court, Andree!
Yeah….and Palin blows, in general.
That Paylin. What a langer…
“yer one” is “Our one,” Alasssska. When it comes to $P, We are All Alaskans. Too bad for her that we don’t quit, eh? Hope that’s some consolation for Alaskans and some aggravation (and future inCARceration) for granny blah blah…just sayin’…
Seagull @ #2 Hahaha – “Poor Court Reporter” Good one!!!!
For the record, please stop using the term, “hacked.”
He guessed a security question and change the password.
He didn’t have to “hack” into anything, it was handed to him on a silver platter, really.
Beezer: No. No word on Meg. Totally unprofessional not to release a statement, no matter how insincere.
But that is how she rolls….
Like some others on here, I wonder if she’ll really show up for the trial. If she does, I sure hope the cameras are allowed in – this will be waaaay better than Katy Couric.
The idea that there was so much email Palin couldn’t keep track of what account she was using begs the question:
Just how much freaking PERSONAL email were you sending during working hours that you got so confused?
This is a lame argument that anyone with a job will see through. It’s just not that hard to know what account you’re sending an email from. First, personal accounts generally do not have all your *work* contacts. Second, work email accounts generally do not have advertising, so if that big blue “Yahoo” isn’t a clue, then that University of Phoenix ad should be a giveaway.
This may be a bit dated but thought I’d share it before taking it out of my bookmarks. For the wonks among you readers, check out the references at the bottom of the page (on the link).
Keller’s case number for the US District Court in the Eastern District of TN is 3:08-cr-00142.
Keller, Kernell, Knoxville… meh.
She won’t show up for the court date.
Too much to lose…nothing to gain for her.
The excuses will be incredibly entertaining no doubt.
A word salad stenographer is needed.
4-20………that’s the big day for pot smokers , also , too.
I hope Davies ask Sarah about hacking Rudy’s computer.
I daresay her own hacking experience is what led her to hide her own activities on Yahoo.
Hmm … will the attorneys need to submit pre-approved questions for Palin’s review before she agrees to the ”appearance”? (Allow her time to write the answers on her hands, you know.)
OK, here’s the thing – I think she’ll try to weasle out of showing up at all. I’m not sure how she could not show, but she has done a good many things that the rest of us wouldn’t think possible.
But I have a question about the college kid who did the hacking. If he hadn’t shown those emails to anyone, then no one would have known her account had been hacked, right? Yahoo doesn’t put any extra security measures on their accounts. So, that would mean that it’s possible someone else figured out the same answer to the security question and hacked into the account but didn’t tell anyone.
Why don’t they see that as a problem for the state, that anyone with half a brain could read all those emails? I do agree that if a judge is going to rule in an IT case then he should have more information than just being able to use his own computer. And so should the lawyers. They, and we, all have a lot to learn. It should be interesting in April at any rate.
(Side note: I hope we don’t see Piper on any of those appearances. Th
Well, that was weird. I got an odd message when I started the last sentence which had to do with Piper’s non-school attendance. So, you can finish that cut-off sentence above, using your own imagination.
I just have one thing to say…….
I like salad……. love it….. try to eat as much as I can whenever I can.
Comparing Palin’s speech to word salad gives all salads a bad name!
Salads provide a valid function to the human body…. such as aiding in our digestive track, providing nourishment and so forth.
The only thing Palin and real American Salad have in common is the fact they both provide FIBER. But then again true american salad helps rid our bodies of the unecessary acculmulation of waste products, where as palin-salad fills us up with it.
Pat in WA, no doubt Van Flein is racking up more billable hours on this one. But as I understand it, she has been subpoenaed by the defense counsel, and it does not appear the prosecuting counsel has a problem with it, so she either has to show up on the day, or be in contempt of court. There may be a possibility of ‘remote’ testimony, I’m not sure. But she will be deposed, under oath, and any lies spoken or written will earn her the fabulously well-deserved title of Perjurer. And no Sarah, that word does not mean “the juror that comes before all the others”.
It would be unwise, IMO, for Van Flein to advise her to do anything other than completely cooperate. He also should be coaching Sarah to answer in simple sentences such as “yes” or “no”. Perhaps she may need to write them on her hand.
I have no doubt the TN judge will not put up with any shenanigans from her. Judges don’t like people who don’t understand that the Judge is the King/Queen in His/Her Courtroom, and we all know that Sarah thinks she is The Queen.
And since we all know how she feels about The Elite and all their high-fallutin’ education (and can you get more Elite than a Law Degree?), I’m hoping, simply for the theatre of it all, that she gets on her high horse and says something really stupid. I don’t see how anything she might say can hurt the kid’s case (I am positive the defense attorney would never have subpoenaed her otherwise).
I believe I read somewhere that the goal of the attorney is not to ‘get him off the hook’ per se (he did what he did), but that this case be treated the same as it would for anyone else in a similar situation, which is usually as a misdemeanor rather than a felony – again, as I understand (I am relying on my recollection of things read in the past).
The irony is that had this been a misdemeanor case from the beginning, it is doubtful SP would have been subpoenaed (and it probably would have been over well before now).
I wonder who advised her (if anyone) to pursue a felony conviction? Or if that was just the wish of the TN prosecuting attorney?
I believe that if Mrs Palin doesn’t come in to the court when she is told to do so, she will be in contempt of court and that will piss off the judge. he or she will then will probably issue an arrest warrant and the Alaskan federal marshals will go get her. they will process her through the system and then escort her happy azz to Tennessee. i probably won’t survive to see what happens next, having died laughing.
If she holds true to form, she won’t show up. Her schedule is awfully heavy in April. Surely she will be “snowed in” by a convenient off-season storm and she will be unable to travel. Or there will be limousine trouble, or she’ll have a bad case of the flu…she will be too nervous to be under oath anywhere at any time.
I hope Katie Couric covers the trial! Bring lots of mags and newspapers for sharing with Sarah…and rattle off a list of facts on AK that’s longer than her arm and more than Sarah will ever know, just for good measure.
Interesting though, you can hack her email, get arrested and subpoena HER in your defense? Almost sounds like a perfect Dem set-up to bring her down. But Dems have been so lackluster, I doubt they would have thunk it.
39 pvazwindy Says:
March 12th, 2010 at 7:35 AM
I hope Davies ask Sarah about hacking Rudy’s computer.
——–
YES!!!!
worth repeating.
Should have been a misdemeanor IMO palin wanted to show up a democrat and it was pushed forward by others.Tenn is red isn’t it?Too bad they can’t take a little longer questioning her to make i8t last longer so she is harried about her next gig. I really wish Nancy Reagan would come out against this person who pretends to be the same as R R is ,was,Nancy she is nothing like you late husband is ,.was.
Should have been a misdemeanor IMO palin wanted to show up a democrat and it was pushed forward by others.Tenn is red isn’t it?Too bad they can’t take a little longer questioning her to make it last longer so she is harried about her next gig. I really wish Nancy Reagan would come out against this person who pretends to be the same as R R is ,was,Nancy she is nothing like you late husband is ,.was.
For a moment, let’s put aside the issue of vague, loosely-written STATE of Alaska law …….
They need to look at the bigger picture.
This is a case of FEDERAL interest. We’re talking about someone who ran for Federal office, and someone who wrote emails (on her personal account) concerning important Federal issues. (Or, depending upon the subject, maybe not so important ….. heh, heh … )
The Federal government regulates interstate communication. I know there’s a lot of controversy about how much power the FCC has over Internet matters, but no one can argue that $P’s emails were of national concern — certainly not merely the State of Alaska’s.
This case needs to be viewed from a Federal point of view. So — ergo, the State of Alaska’s puny/lax laws don’t really mean diddly-squat!
I’m sure the attorneys on both sides have been thinking about this. And I hope it reaches a Federal court very, very soon.
(Disclaimer: I’m not a lawyer, but sure would be interested in hearing an opinion from someone who works for the Courts!)