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The Public Records Act and Joe Miller’s Delete Key

Recently, we all learned a good bit more about ol’ Moose Poaching, Divorce Lawyering, Journalist Arresting, Line in Sand Drawing, Computer Hacking, Farm Subsidy Taking  Joe Miller (I could add more, but really….it’s a bit much as it is. He should stop being such a hypocritical jerk so I don’t have to type so much). It wasn’t particularly surprising to learn that while employed as a part-time lawyer at the Fairbanks North Star Borough, Joe Miller had 60 — yes, SIXTY — pages in his personnel file, or that he admitted that he was a liar, or even that he thought people were out to get him. After all, what is Joe Miller if not a trouble-making, lying, paranoid chump?

No, what surprised me was that Mr. Reform decided to take it upon himself to subvert the Public Records Act by deleting all of his emails prior to quitting — without notice (does this sound familiar?). Now perhaps this shouldn’t be a surprise to me, given that he’s (a) paranoid and (b) a Palin protegee, but to my mind, if you stand for government accountability, then the #1 thing you should strive to uphold is open and transparent government – ergo, the Public Records Act. Forget the farm subsidies, the unemployment for his wife, even the moose poaching — I’m exceptionally disturbed that AS A GOVERNMENT EMPLOYEE, Joe Miller sought to hide his actions from the public’s scrutiny. Is this the kind of change that Washington needs, Mr. Miller?

Of course, Alaska’s Public Records Act has had its time in the spotlight recently, particularly as it relates to the usage of email. Andree McLeod’s case against Sarah Palin for the use of private email for government transactions is currently before the Supreme Court. To me, it is one of the most fundamental rights that we have as a citizenry — to be the watchdogs over our government. This is why we have the Act (AS 40.25 et seq): to allow the public to inspect the public records of all public agencies under reasonable rules and during regular office hours. In enacting this statutory scheme, the Alaska Legislature found that “public access to government information is a fundamental right that operates to check and balance the actions of elected and appointed officials and to maintain citizen control of government.” (ch. 200, Section 1, SLA 1990). Hmmm….to maintain citizen control of government….where have I heard an idea like that? Oh, yes — I believe from the Tea Party (you know, the people funding Miller’s candidacy).

So, what constitutes a public record under the Act? A public record is defined fairly broadly: records that are (1) developed or received by a public agency or its contractors, and (2) “preserved for their informational value or as evidence of the organization or operation of the public agency.” AS 40.25.220(3). There are broad exceptions to the definition of a public record, such as medical records, privileged records, and those records that are required to be kept confidential under federal or state law. As an initial matter, it is important to note that records generated by FNSB would be subject to the Act; a “public agency” is defined under the act to include “…an instrumentality of the state or a municipality.” AS 40.220(2). Nonetheless, many of Joe Miller’s emails would not be subject to disclosure under the Act, as they would clearly fall under the exemption for the attorney-client privilege. However, non-privileged emails could well be subject to disclosure — but since Miller deleted them, we’ll never know.

This is why Joe Miller is so disturbing: he is all for government accountability and transparency except when it comes to him. He took affirmative steps to hide his actions as a public employee. If he did this as a part-time lawyer for FNSB, what in the name of God would he do as a United States Senator? It’s chilling to contemplate: a man with no regard for the truth, a paranoid streak a mile deep, and a belief in hiding his actions from the people as one of the 100 most influential people in this country, entrusted with our public welfare.

As a final note, I am also disturbed by the ethical implications of purposefully deleting communications regarding cases. Documents generated on behalf of a client — including, I would argue, e-mails — are the property of the client. In the same way that it would be unethical for an attorney to shred the client’s file if the client terminated him, I believe that is similarly unethical to intentionally delete e-mails related to a case. After all, the client has paid for those communications. For example, if I sat down and wrote an old-fashioned letter to a client — as opposed to an e-mail — I would bill that client for my time in drafting that letter (typically, billing is done in either 6 minute or 15 minute intervals. Say that a lawyer charges $200/hour, and spends 45 minutes drafting a letter or an e-mail to a client — that letter just cost $150, and the client paid for it. The client owns it.). Many lawyers print out hard copies of all e-mails related to a case for its file; others have a sophisticated archiving technology for their e-mail systems so that these emails are preserved. All of this is a long way of saying that by intentionally deleting emails related to a case or cases, it is very likely that Joe Miller acted unethically in destroying client property.

So, there you have it, Alaska: Joe Miller didn’t want his employers — the citizens and taxpayers of the Fairbanks North Star Borough — to know what he was doing while he was their public servant. By deleting his emails, not only did he likely act unethically, he also thumbed his nose at that ideal of the founding fathers — citizen control of the government. Given this, it is clear that he is not suited for any position of public trust, let alone national office as a United States Senator.

Comments

comments

Comments
106 Responses to “The Public Records Act and Joe Miller’s Delete Key”
  1. beth says:

    Odd stuff…

    Reading Ms. Thompson-Miller’s resume, Fairhill Christian School is listed. http://community.adn.com/sites/community.adn.com/files/MillerResume.pdf

    She, according to her resume for the board appointment, worked there as a teacher [doesn’t say what grade(s)] for the 2007-2008 school year. I did the googles for the school and here’s the website: http://fairhillchristianschool.webs.com/

    Browsing through the site, my attention was particularily drawn to the school’s curriculum and the dress code…for the girls: vests. At *ALL* times! Actually, the whole site is pretty [shall I say] ‘amazing’, but those 2 pages, in particular, got me feeling as if I’d just been covered with a super heavy-duty ‘ick!’ that’s going to take a whole lot of time to get rid of. I feel, truly, slimy for having read it.

    It scares the bejeezers out of me that this is the type of ‘education’ people believe is totally acceptable for children. Joe and Kathleen, obviously, do. What scares me even MORE, is that a person running for the US Senate, from all indications, believes this is the type of ‘education’ ALL students should have, nationwide. His children have/had it; so should others.

    I’m sorry, but “the A beka curriculum along with Bob Jones as a supplemental curriculum,” do NOT, to my formal training as an educator, constitute a solid, informed, competitive, *sane* education. For ANYONE! Arrrgh!

    Please, please, PLEASE, Alaska, vote Scott McAdams in on the 2nd! beth.

    • Lower48 says:

      I loved this sentence on their first page:

      Both curriculum’s use the phonetic
      approach to reading; most kindergarten
      are reading by the end of the year…

      Wouldn’t that be “most kindergartenER’S” ????

      Or “most kindergarten students” ???

  2. Legal Eagle, thanks for the excellent information. The more we all learn about Joe Miller, the more disturbing he is. But I think it’s crucial for the infomation to be put before the public.

  3. FYI – Conservatives4Palin prove once again they are complete idiots. They wrote a ridiculous rebuttle to this piece thinking that Jeannie wrote it and was pretending to be a lawyer.

    Guess they missed that whole author = Legal Eagle thing, until two people pointed it out in the comments. However, the article is still up. I saved it for potential abuse later.

    I don’t normally link to them, but this is priceless.

    http://www.conservatives4palin.com/2010/10/jeanne-atticus-devon-lawyer-with-fool.html

    • I couldn’t make myself read the whole thing but I scanned the comments and was glad to see that there were some that pointed out the Legal Eagle authored this post. Wonder how long before that’s deleted.

  4. Kelly says:

    I am surprised no one is really talking about the seriousness of Joe Miller’s crimes. What Miller did with the computers at the Fairbanks North Star Borough is at least two Class C felonies:

    1) violating AS 11.46.740 (regarding criminal use of computers) and

    2) tampering with physical evidence of the same (tampering with evidence of a crime is always a class C felony, whether the crime is murder or just another Class C felony)

    And then there are all the Bar Rules (rules of lawyer professional conduct) he broke, including ARPC 8.4. These really are worse felonies that what Ted Stevens committed, in my opinion.

    The question is…why wasn’t Joe Miller prosecuted?

    Game. Set. Match.

  5. BearWoman says:

    Legal Eagle, your analysis is great regarding STATE records and STATE employees. It does not apply to BOROUGH employees. They have their own rules, regs, etc.

    The above being said, I will state categorically that it was $P’s policy and that of commissioners, deputy comissioners, and division directors that e-mails were deleted. They DID NOT want written records and routinely deleted e-mails and did not save printed copies. I worked in a Commissioner’s Office for a short time in 2006 and 2007. The Republican agenda was to make it as difficult as possible to access e-mails via Public Records Act requests (Murkowski and Palin administrations). This is why it cost the DNC, Celtic Diva, and others so much for their records requests regarding $P’s and appointees actions. It required that BACK-UP tapes be accessed via user and keyword searches, they would then be converted to data readable and printable AND then reviewed for “privileges” to deny copies or to require redacted copies. The same goes for expenses by the Governor’s Office for food and deliveries when the Pa(y)lin’s were in Juneau. Those records (according to personnel who worked for the Governor’s office) have been made more difficult to track. It is difficult to learn what checks were sent to individual vendors and the individual receipts for each delivery or purchase have been “lost” (i.e., a check to a vendor may have been cut or $1,000 but you can’t get copies of each receipt that comprised that $1,000 check).

    Jo(k)e Miller circumvented the backup system for Fairbanks North Star Borough. When reading the e-mails released, it states in one that he was asking very detailed questions regarding backup procedures, access, etc. He circumvented this process by checking his e-mail daily and possibly from off-site through his private law office computer. The FNSB back-up system ran once 24 hours. If e-mails were deleted between those back ups, they were not saved on the back up tapes. The reason this is a big deal is because there was likely correspondence with TAPS and oil company officials and attorneys regarding the case(s). If these were “informal” agreements or agreements that were not “legalized” with written agreements filed with the courts, these agreements can now be denied or the TAPS and oil company officials can say they were something other than what they are (or maybe what they are) with no way for the FNSB to deny it. No written record means it didn’t happen the way FNSB states. This is very detrimental to FNSB in determining values, damages, etc. It was also Jo(k)e’s way of “sticking it” to his former employer.

    • Legal Eagle says:

      The public records act doesn’t just apply to the state. It also applies to cities, boroughs, and municipalities. See above.

  6. St. Nicki says:

    I wonder, was anyone struck by Miller’s statement during a debate this week asking what percentage of his income went to charity? He said 15-20%. I have trouble believing it.

    • Motorhead says:

      Yes, I did hear that and it sounded so exaggerated, I thought it must just be another self-serving little fib, as his pattern suggests. “Remember, Jerry… it’s not a lie, … if you beLIEVE it. ” [h/t to George Costanza]

    • Dagian says:

      He regards paying his debts as charitable giving.

      That’s a lot more easily believed than the notion that the man gives away 15-20% of his income to a legal charity.

  7. slipstream says:

    Fairbanks NSB doesn’t look too good in all this. Their position is that they would have fired Miller, except they needed him too much. Swell. It should tell you something when you know you need an unethical lawyer.

    • nswfm says:

      Very good point.

    • Bretta says:

      My feeling is he wasn’t fired at the time because his supervisor was afraid – either because he was intimidating or because he threatened to go to the opposing side with his knowledge (she may have intuited there would be an ethical breach).

      Reading some of the documentation, though, she appears to have been a very compassionate and understanding person who tried and tried to give him a break.

      I think one thing that non-Fairbanks people need to understand is how intelligent and community-oriented Fairbanks people are. They really really really work hard at helping each other and lifting each other up, I have observed this as a person who has been to their fair city many times (I do not live there) but that is what I have seen. Fairbanks people try very hard to take care of each other, teach each other, raise consciousness, improve life for the whole community.

  8. Jen says:

    I am still curious about Mrs. Miller’s background. What are her qualifications for this board?

    • LA Brian says:

      Is there a chance that she’s a “public member” of this board? Some boards may have composition requirements such as persons in academia, in practice or simply a person from the public.

    • Paul Eaglin says:

      In reply to Jen at posting # 28, please refer back to WC’s posting # 15 where, if you follow the link provided, it will take you to an explanation of how she obtained the position. Moreover, that link includes a link to her curriculum vitae that apparently was relied upon when she was appointed to that position.
      Someone also asked whether she’s compensated. Go to the Alaska Judicial Council website at http://www.ajc.state.ak.us where you’ll see among the info about the members that no pay is given them. Each is entitled to be reimbursed for travel and meals while carrying out AJC-related travel. So hers is not a paying position, according to the AJC website.
      Paul Eaglin, Fairbanks

    • Laurie says:

      The above comment by Wickersham’s Conscience links to a post that includes a link to Mrs. Miller’s resume.

  9. As someone who had a security clearance for years as a Fed, I’m fairly certain that, in the unlikely chance that Joe Miller gets elected, would have a VERY DIFFICULT TIME getting one. The problem: he must have one, especially if he’s going to serve on any committees.

    The public records issue would be a big problem. The biggest one, however, is his debt.

    One of the things they look for when you fill out your clearance form is if you are vulnerable in any way to blackmail or bribery by a foreign entity. The Millers are tens, maybe hundreds of thousands of $$s in debt, per his disclosure form :

    http://media.adn.com/smedia/2010/10/08/11/Miller_2010_Senate_disclosure.source.prod_affiliate.7.pdf

    This is not something that can be easily paid off.

    It would be interesting for someone familiar with the awarding of clearances to comment on this.

    • antiAnti says:

      don’t know much about clearances, but I’d give big money to see the expression on security guy’s face as he reads through Joe Miller’s life

    • benlomond2 says:

      maybe he’s got the same accountant as Christine O’Donnell….that debt should be easily retired with all that PAC money…..Doesn’t seem to be any REAL repercussions for misuse of Campaign funds, now does there ?!

    • Krubozumo Nyankoye says:

      Spot on Linda. That disqualifies him in a heartbeat for any position of responsibility.

      The strange thing about that circumstance is that it does not take into account that he might also be vulnerable to coercion by domestic entities that have an anti-government agenda.

      They bought $palin cheaply, joe would be like a penny gumball machine.

    • Polly says:

      My friend applied for an administrative position with the FBI, security clearance included listing names of all her relatives, and getting a credit check. So, you are right, never thought about applying the clearance issue to the candidates. If this is true, we need to get the word out.

    • BeeJay says:

      Having held a fairly high level clearance when I was a much younger person and wearing Coast Guard blue, methinks JM would indeed have a hard time getting one. His ethical lapses would most likely kill it, as has been pointed out, as that makes him extremely vulnerable to be being suborned. The myriad of apparently false and misleading financial statements he’s filed over the years would not sit with the FBI very well, never mind all the other agencies that contribute to the clearance.

      He most likely had one already as an officer in the Army, but he would have to start all over again anyway, and it ain’t fun. When I submitted my paperwork I was lucky: I was only 18, and not much of my life had happened yet, so there was little to investigate. JM would not be so lucky…

    • Chaim says:

      How can a person lawfully elected to Congress be kept out because he/she can’t receive a security clearance? That’s not a qualification in the Constitution. The House or Senate may eject a member for misconduct, but how can the executive branch, i.e., the FBI, say who may or may not sit in Congress? A Congressman or Senator is not “hired” by the government, but by the people who elected him or her to serve them Seems like a basic separation-of-powers issue; what, if anything, am I missing?

      • Bretta says:

        Linda didn’t say it would prevent him from being seated; it would only prevent being allowed committee assignments, chairmanships and privy to security knowledge/information. Lack of a security clearance can be quite limiting.

        Since his platform is trying to limit government and reduce entitlements, if you are not eligible for the power positions, you are effectively neutered.

        He does not have the charisma or social intelligence to ‘schmooze’ his way, therefore he is deadwood before he is out of the gate.

    • Bretta says:

      You are right, Linda, about that debt problem, and if I correctly understand the US government’s underlying attitude about gender preference regarding vulnerability to blackmail or bribery, JoeMiller’s forced resignation as a 1Lt is up for question as well.

      Please do not misinterpret me – I have a bisexual daughter. I am saying there are questions about Joe Miller because he left the service before “DADT” and his DD-214 shows he was forced to resign at a stage when most young Army officers make Captain. He clearly does not want the circumstances revealed. We know is associated with someone who “can pray the gay away.”

      I am saying I agree with you, Linda; I served DOD for 12 years – I worked with many officers and enlisted; I also had a top secret clearance.

      Gryph at IM has had the DD-214 reviewed by someone with 30 years personnel experience and “off the top” JoeMiller is not a person who looks good on paper.

      • Hadn’t heard that he was forced to resign from the military. I have wondered why he never brings it up, though. How was access gained to his DD-214? Is that something that has to be disclosed because he is running for the Senate?

        • BeeJay says:

          Pat – he had it posted on his website under “Records” (I think). The section to read was the bottom-most, where the reasons for separation are spelled out, and yes, they are decidedly hinky.

          Ex-Bellinghamster here, now in AZ.

        • Lower48 says:

          WIki his name, it’s in the references at the bottom of the page…

  10. Zyxomma says:

    Legal Eagle, your posts are always informative, interesting, and tinged with a dry wit that I appreciate greatly.

    It is shameful that anyone as dishonest, immoral, and downright disgusting as Joe Miller should ever be considered capable and ready of performing the duties of a US Senator (see also Angle, Sharron; O’Donnell, Christine; Rubio, Marco; et al).

    That some of the slimebuckets may win seats in the most prestigious body of our government is nothing short of horrifying. That so many voters think them appropriate, nay worthy of the Senate bodes ill for our country. And all because they believe (or *say* they believe) a blastocyst is a human.

    I blame John McCain for unleashing the flagrant idiocy, and I’ll never forgive him for it. Never.

    • I completely agree. And it’s apparent that he is sticking by his thoughtless decision to inflict Sarah Palin on all of us.

      I guess what I really don’t understand about this election is that, even though someone is unhappy or angry, why would they think that putting totally inept and unqualified people in the Senate or the House will solve anything? That’s the best example of biting off your nose to spite your face, I guess. The problem is their poor choices affect all of us, and I’m afraid it will be in ways we have not even imagined in our worst nightmares.

  11. leenie17 says:

    I have been getting more and more aggravated as I follow the daily revelations about Miller’s complete and total lack of honesty and integrity. There have been many people, including some posters above, who have used the word ‘mistake’ to describe some of his actions. A mistake, as defined by encarta is:

    “an incorrect, unwise, or unfortunate act or decision caused by bad judgment or a lack of information or care”

    IMO, the many actions by Joe Miller have not been mistakes. They have been calculated, planned acts designed to obscure the truth, illegally and/or immorally benefit him, and protect his image and reputation. They were not innocent errors that anyone could have made. Over and over again, he has demonstrated his total disregard for the law and for the regulations that govern the agencies for which he worked. He has also carefully and deliberately worked to cover up his actions, clearly proving that he knew what he was doing was wrong.

    I am appalled that someone with this kind of disrepect for the truth should be poised to become a United States Senator. I am also appalled that someone running for a national office should be so cocky that he thinks his past actions will not be uncovered and exposed.

    Thanks, Legal Eagle, for once again providing us with an informative and understandable post.

  12. Krubozumo Nyankoye says:

    Excellent post LE – always informative and as mentioned above with just a dash of humor to make the sober analysis slightly more palatable.

    As I mentioned in a reply post to antiAnti above, I find it a little difficult to believe that Mr. Miller’s e-mails are not archived and therefore available for scrutiny. While attorney client priviledge certainly might make some of those emails not public domain I believe the client (FNSB?) is entitled to them as you suggest and therefore should have ensured they could not be scrubbed. If by some chance the bourough did not keep adequate backups and archives such that these e-mails are truly gone forever, that alone is cause to my mind for a review of policies and procedures and some corrective action.

    As long ago as 1984 when I was acting as a manager for a government funded project that involved a lot of computer systems and was responsible for some 54 contract employees whenever it became necessary to “give an employee their freedom” as the euphemism went, the first, the very fist thing that was always done was to disable their computer accounts.

    One idle musing, if this story is true to any considerable degree the state of AK should be going into panic mode over the condition of their IT systems. Such laxity on the part of a government entity is an open invitation to massive cracking and computer fraud.

    • antiAnti says:

      (chuckling) ah, yes, that first painful experience with data loss never loses its sting. Mine was an earlier decade than yours, but my dumbfounded “gone?” still tickles me, I was SUCH an innocent little techie, then.

      • Zyxomma says:

        I used to give classes in the early days of the PC, mostly teaching secretaries how to make the switch from typing to word processing. This was the “stone age,” almost unimaginable to us now, when floppy disks were floppy, and PCs were sold with memory of 64k (which was too little for the use of MultiMate, which was not a computer dating service for swingers, but a program that enabled PCs to emulate Wang word processing, which back then was state of the art).

        One of the first things I taught *everyone* was: You can’t back up too much. I used to offer, as part of my services, coming by the office weekly, semi-monthly, or monthly, to collect their back-up disks for offsite storage. Things have improved greatly in the 21st century. I hope that includes Fairbanks North Star Borough.

        • Bretta says:

          I remember Wang! I thot working for the USAF was so hot 18 years ago because we had Wang and could email all over the world!

        • I remember those days. When we first got a computer at home, one of the first painful lessons I learned was that I needed to hit save every now and then. Things are so much better now – we have back ups that are automatically done, rather than hubby sitting down and burning all the files to a cd – yes, a CD that didn’t hold that much. If he hadn’t we would have been in bad shape when we had a computer hard drive that died. I know that time, our email wasn’t being backed up anywhere and I had to recreate my email list from the ones I had printed. There are some people that I just lost. Kind of scary when you think about it, isn’t it.

          But if we, at home, are doing all these redundant back ups, I can’t imagine that businesses and government offices aren’t. That’s just irresponsible with all the technology improvements available today.

  13. benlomond2 says:

    perhaps a review to see if his records as a magistate are still in existance, or have they been “wiped clean” also is in order….

    • Bretta says:

      Oooooh, because that was a state job, I think, and the state has gotten more and more stringent in the last few years regarding archiving electronic communications.
      And I am not talking about privileged (apparently) Governot Office Blackberry emails.
      Oh, Oh, Oh.

  14. hindsite2020 says:

    I think he was covering up emails from Palin, The two were probably conspiring together over the Ruderich poll and sending emails back and forth.

  15. Elizabeth says:

    I find this all amazing. I was a public (school district) employee. I kept copies of all correspondence regarding a student, both email copies and hard copies of the email in their file. I loved emails because we would have the history of the whole conversation by the end of the replies. When I left, the only files, I deleted were some of my personal files. I thought this was standard operating procedure. What is wrong with Joe?

    • The image of Nixon staring into the camera and saying “I am not a crook” comes to mind. Wonder how long we will have to wait for something similar from Joe. Or is he just too sneaky to ever get to that point.

    • Dagian says:

      “What is wrong with Joe?”

      Wouldn’t it be a shorter list if we asked what is right about him?

      Declared political affiliation

      *crickets chirp*

  16. justafarmer says:

    ok…I used something (I can guess what it is) that threw my post into moderation.
    Let’s try this again.

    so sad to be part of palin’s swim club … poor things just did a complete rant that AKM “considers herself a lawyer” with this blog post.
    Poor things…their reading comprehension apparently doesn’t extend to understanding the meaning of a byline on a guest post.
    To make it even more laughable, the swim club’s Ian Lazaran rants about AKM not being a lawyer, mentions that he himself is not a lawyer but then goes all self-important “I am not a lawyer” legal expertise.

  17. SME131 says:

    Everything he did on work time on a work computer is property of the FNSB and yes a client also has a right to these items being kept. But his bigger crime is in destroying government property – emails, memo’s, letters etc.

    The more we learn about him the more I wonder who it was that attended class in his name at Yale (if anyone did at all). He sure as hell didn’t.

    This guy is a total fraud.

  18. justafarmer says:

    so sad to be part of palin’s swim club c4p…poor things just did a complete rant that AKM “considers herself a lawyer” with this blog post.
    Poor things…their reading comprehension apparently doesn’t extend to understanding the meaning of a byline on a guest post.
    To make it even more laughable, c4p’s Ian Lazaran rants about AKM not being a lawyer, mentions that he himself is not a lawyer but then goes all self-important “I am not a lawyer” legal expertise.

    • Well, it’s been obvious for quite some time that for all the ranting these folks do about accountability and common sense that they don’t understand either one. I do think it’s quite funny that they didn’t bother to notice that AKM was not the one who posted this most excellent information.

  19. antiAnti says:

    Any employer that does not protect “work product” electronic records (e.g. e-mail from a lawyer about a case) from deletion by a disgruntled employee is negligent. However, if it can be shown that the employee circumvented normal backup procedures to destroy data, then the employer should seek legal redress.

    It’s not clear from this post whether the borough was negligent. If the records are in fact gone (forever), then either the back up procedures were woefully lax or Joe Miller should have gotten more than a “you’re a bad boy” from the borough.

    One wonders if the borough is still as unprotected with respected to a disgruntled employee.

    • Krubozumo Nyankoye says:

      antiAnti – the same thought occurred to me. Unless the FNSB has an incredibly primitive and sloppily administered e-mail system/server all inbound and outbound traffic should be archived and readily retrievable. That in no sense exonerates the inherently dishonest act of deleting work product from an employer’s computer in an attempt to cover one’s tracks, even though doing so would be futile.
      Just add it to the list of things apparently beyond the understanding of Mr. Miller.

      If indeed the borough was so negligent as to not make and keep backups of work product and traffic over its e-mail servers, that should be corrected and perhaps even investigated.

    • beth says:

      I took over a position from a fellow who wiped the office computer clean…I ended up with *no* historic information from which to begin doing the job. He and the place of employment were not on friendly terms when he left, and, no, the place of employment –a public college!– did *not* back up its computer data. Quite a pain in the buttockal area to have to go through all the mish-mash of paper files to get the information and data I needed.

      Incredibly enough, though, the young whipper-snapper was not *quite* as computer-savy as he thought he was. To be sure, he erased all the correspondence and wiped out all the other data, but, WHOA, he forgot to clear the cache of sites he visited each day. All day. Or their cookies. Within five clicks of the mouse, I knew *exaclly* what his sexu@l proclivities were…the preferred gender, color, size, hair length, accoutrements, you name it. *Quite* incredible!

      Chuckle…I hadn’t thought about that eye-opening computer discovery for years… beth.

      • beth says:

        BTW – the school had NO idea he was spending his time ‘visiting’…he was let go for an entirely different reason: his written communication skills being on a par with $Ps verbal communication skills. Yeah, that’s not so much a job-keeper for someone in development (AKA fundraising for the school.) beth.

  20. mustang says:

    edit, opps….along with all other files/clients.

  21. mustang says:

    IIRC, the deleted emails spanned 06-09, which caused me to ponder: How many of them
    were from/to SP.
    SP also had ‘used’ a Fairbanks assistant AG to help with the hacking of Ruderichs
    computer.

    Id bet ole joe deleted all correspondence from the paylins.

  22. Nice catch, Legal Eagle. Note that in the process of deleting the emails that might have revealed his post-suspension violations of the Borough’s computer use policy, he also wiped out valuable documents that injured his client. You can sense the concern in the emails released.

    If Jeanne doesn’t mind an outside link in comments, the story of Kathleen Tompkins-Miller’s accession to the Alaska Judicial Council is here:

    http://wickershamsconscience.wordpress.com/2010/10/05/ironically-she-was-supposed-to-fight-corruption/

    • ks sunflower says:

      That was a great post, WC! It will make Sarah and Joe very, very upset. Ah, just the possibility of that makes me smile because I am fed up with their self-righteous puffery trying to masquerade as concern and dedication. You rock, WC.

    • Krubozumo Nyankoye says:

      WC – Thanks for tha link and comment as it gives me an opportunity to say that although I much enjoy reading your blog and have (I think) registered to comment, I have never been able to comment.

      In reference to vyccan @ 13’s question I recall reading somewhere that the purpose behind Mr. Miller’s illegal use of other computers in his office was to “stuff the ballot box” in a poll about the chairmanship of the Republican party chairmanship. I further seem to recall that the spurious votes thus placed were for none other than Mr. Miller himself. If either you (WC) or legal eagle would be inclined to confirm or correct this impression of mine I would be grateful and I think it would add dimension to this discussion.

      • vyccan says:

        Yes, that is exactly what I was trying to clarify – was he ‘stealing’ these peoples’ identities/votes by voting in their names?

    • Zyxomma says:

      That was excellent. Thanks for posting the link.

  23. Chaim says:

    Thanks, Legal Eagle. Miller could have selectively deleted personal (inappropriate or not) e-mails, but that was too much work, apparently, so he wiped them all. I believe, however, that there are ways to recover recent deletions from a computer’s hard drive. Probably FNSB can’t justify the cost of having it done, in that there may not be anything deleted that they have been ordered, or are likely to be ordered, to produce in court, but there could be some VERY interesting e-mails on his hard drive if he did any of his personal politicking on the job, particularly to and from Sarah Palin. I expect the FNSB IT department pulled the hard drive from his computer and locked it up, just in case. I hope so.

    BTW, you may have made a typo. You referred to Miller as a “chump,” and the “u” and “i” keys are adjacent …

    • antiAnti says:

      A normal back up procedure would be replicating data employees generate every day. Then a weekly or bi-weekly roll-up is replicated and stored OFF-SITE. Deleting from either the daily back-ups or bigger roll-ups would require management approval. Access by your average disgruntled employee is improbable.

      It may be obvious that I’m well acquainted with data loss via DU (disgruntled employee). I worked for a large colorfully named computer company and witnessed some of their bumbling first attempts at firing people who designed and controlled the backup systems. We DID suffer data loss, but it was at the hands of clever and well-trained former employees. So I am having real trouble understanding the scenario where Joe Miller could have significant delete impact on records.

      The borough might not be large and the equipment not first rate, but even a tiny investment in process would prevent Joe Miller’s supposed action. And that type of backup process is usually contracted out if the IT dept. doesn’t have the staff. It’s usually part of the disaster recovery plan for a business. Certainly the earthquake problem in Alaska is sufficient to make disaster recovery a priority.

      (“on his hard drive” == “on the net” ==> can backup whenever IT says so)

      • beth says:

        That’s presuming/assuming the FNSB is ‘odd’-scenario-aware enough to have (had) such a system of (automatic) back-up in place, antiAnti.

        As we’re finding out more and more from our into our forays into local governments, if there is *any* additional cost involved, such ‘luxuries’ are usually put on the ‘wish list’ and promptly forgotten…until next year when they’re re-listed, again. I wonder if that’s the case with the FNSB. beth.

        • antiAnti says:

          If the FNSB (had/still has) this exposure (data deletion by random employees) then FNSB is negligent and their disaster recovery is inadequate. Joe Miller can not be the sole disgruntled employee to ever darken their door. Although I haven’t tried to search the Alaska press for more info on this story, if FNSB hasn’t been challenged by the press to prove they running a reasonable IT dept, then the good citizens of FNSB deserve the bad service they are getting for their tax dollar.

          Not trying to be crabby here, but data backup is not “wish list” any more than buying car insurance or fixing the hole in your roof. Also, IT backup service is easily bought from specialty firms for quite reasonable prices. This isn’t rocket science, it’s very commonplace IT practice.

          Just to be clear, I have no doubt that Joe Miller did attempt to delete data. I am just suspicious that that attempt caused anything other than the slight inconvience of retrieving from backup. IMO, if in fact there was significant data loss, then Joe Miller would have faced legal action from FNSB.

          • beth says:

            I’d be willing to bet the press isn’t even aware of the issue enough to even *ask* the question of whether FNSB has back-up service or not, antiAnti. It takes someone *in* the business [a techie-type] — or very aware of it, at least– to know to ask it. I don’t know if I’d, personally and all on my own, be aware enough to ask the question…

            And I know back-up isn’t a ‘wish list’ item, but when it comes to money and how it’s spent, it’s amazing the things that get set aside until later.

            If you’ve got a board with no experience in nutrition voting on a school menu, they’re not going to consider restricting sodium intake as something that has to be done *immediately* — they’ll defer it to a later day…and then a later one…and a later one… because there’s always some *other* issue that takes up the alloted time and funding. Like a new contract with the company that provides the district with all canned soups and gravy and is raising prices by 2% for the next fiscal year.

            Possibly also, too, the FSNB doesn’t even *know* what havoc Joe played [legal-wise] by erasing the data he apparently erased. Yes, it would be interesting to know if they have back-up — know if they merely experienced a slight hiccup in FSNB/client correspondence/files or if it’s a major snafu for which the FSNB might be held [legally] responsible. beth.

          • antiAnti says:

            A similar scenario sans computer tech:

            “I need a copy of my birth certificate”
            “sorry, an employee burned the whole stack just before he quit”
            “you don’t have copies”
            “nope”
            “was the employee charged with a crime?”
            “nope”
            “huh????”

    • Lower 48, thanks for the links. That last one made for some interesting reading. It gives more insight into Joe’s scheming that is really evident in the news reports of his lying and illegal/unethical use of others’ computers.

  24. vyccan says:

    Legal E: I have a question. After reading somewhere about Joe’s use of three(?) open computers during the lunch hour for proxy purposes, I’ve been left wondering if he voted ‘for’ these people. If that is what he did, doesn’t this also speak to his dishonesty/(lack of) intedgrity? The article seemed more focused on his illegal use of company material/time, so I wasn’t sure if my interpretation was correct.

    • Bretta says:

      In one of the published emails, one of those attorneys whose computer he used, objected directly to him that she felt used/violated for his action of voting on her computer (I thought she meant voting as her) because she said she was not a political person and did not appreciate being represented as participating in the vote.

      In other words, I believe you correctly interpreted his intent. To appear to be at least three other people when he voted on their computers.

      • I thought there was something in one of the articles that said it all came out when one of the people tried to vote and couldn’t because Miller had used their computer to vote as that person.

  25. Moose Pucky says:

    Delete Joe and Write-OFF Lisa.

  26. ks sunflower says:

    I am always delighted to see one of your posts, Legal Eagle. You have the special knack for explaining complex legal issues in way that everyone can understand, you never shy away from controversy, and while providing excellent analysis you add a wonderful touch of humor! Thank you!

  27. Skagwaykid says:

    The damage is already done, the insidious revelation is that it comes out so late in the game. I suspect this is part of the palin cabal to dictate future overthrow. I give them too much credit, if not for the legal eagle all this would be swept away. I still think the palin /miller game is one of the biggest con jobs played on Alaska, when oh when will they be ushered out. We have to hope come Nov 2. Pull out all stops for Scott McAdams.

  28. slipstream says:

    Paranoid? Joe, paranoid? Did you notice that people entering the Dena’ina Center for the Miller / Palin event last night were wanded before being allowed in? I have been in the Dena’ina Center several times without being wanded. It’s not a building requirement. It must be a Miller / Palin requirement. Joe Miller — taking away your Second Amendment rights since 2010.

  29. I See Villages From My House says:

    That his supporters continue to explain away every imperfection about that man. . .or even claim it as a flaw that makes him more real? I’m not going to give an admitted liar, paranoid, power hungry jerkass any kind of power over me or my fellow Alaskans.

    Stick to the private sector Joe, you can cheat your clients all you want. But the supposed perceptive powers of the free market system will weed ignoble scumbags like you out.

    • UgaVic says:

      I too do not understand this. I have no issue with someone making a mistake but this man seems to have a habit of doing and doing still more things that are less than trustworthy.

      As even a father I have to question the example he is setting for those 8 kids of his…so sad.

      It shocks me when I think of it in-depth. That people can explain this away without a real thought. If you had him as a neighbor, on your school board or other positions where you had to deal more closely with him I wonder if people would think differently?

      • KJ says:

        When someone makes a mistake, it doesn’t automatically follow that everything goes back to normal when that person is caught or finally admits it. Look at our prisons.

        In Joe’s case he made a lot of “mistakes”, and they make him unfit for public office. Period.

        • WhichTruth says:

          To me, he has displayed a lack of integrity, so there is no way I want him as a senator. There is more than enough integrity lacking in the Senate already.

  30. Enjay in E MT says:

    Can someone please check to see if this “man” graduated from Law School & really passed the bar. For someone so educated – he sure doesn’t have any “common sense”

    • Bretta says:

      He’s a member at the Alaska Bar Association, listed on the website.
      #9511067 Miller, Joseph W. Attorney Active Fairbanks PO Box 83440
      His business license expired in 2005, however:
      Expired License LicNum: 717687
      Business Name: LAW OFFICE OF JOSEPH W. MILLER
      Address: P.O. BOX 83440
      FAIRBANKS AK 99708

  31. nswfm says:

    This is one reason I don’t like early voting. Need to know all the facts about someone before you vote. You could tell this guy was a toad by his endorsement by Todd Palin (AIP). Then add $P and you know a lot.

  32. Hannah says:

    #3 I missed that – Palin appointed Miller’s wife to something???

    Re the emails: let’s hope that some of the recipients saved theirs.

    • wasillalefty says:

      In today’s ADN, at the end of the front-page article entitled “Allies rally around Fabe as justice fights ouster” written by Lisa Demer, is the following comment:
      “…Fabe received high marks for her legal abilities, impartiality, integrity, temperament and diligence in surveys of lawyers and court employees done for the Alaska Judicial Council: averaging 4.3 out of 5 points from lawyers and 4.6 points from court employees.
      “In July the council voted 5-0 to recommend that Alaskans vote ‘yes’ to retain Fabe. One member — Kathleen Tompkins-Miller, the wife of GOP U.S. Senate candidate Joe Miller — abstained.”

      This Alaska Judicial Council position is apparently what Palin appointed Miller’s wife to.

      • Bretta says:

        I believe Kathleen Tompkins-Miller is in cahoots with the terrorist group attempting this action against Fabe.

        Yes, Palin appointed her.

      • beth says:

        WOW! How magnificent of Ms KathleenTompkins-Miller to find the time to sit on the Alaska Judicial Council; you know, what with her being employed in Mr Miller’s office, home-schooling her passel of children, managing the family farm(s), having a high-school diploma, living with a disabled veteran, and who knows what all else she had going on…

        How intelligent and civic-minded (not to mention magnanimous) of Governot $arah Paylin to appoint such a well-qualifed person to the position. (Boy, howdy! I’d sure love to see the emails –and to have been a fly on the wall– for all the negotiations and chatter that went back and forth before *that* appointment was made… ;-)) beth.

        • Miss Demeanor says:

          Remember Chuck “There Is No Proof In My Employment File That I Sexually Harrassed That Woman” Kopp? Palin appointed him to the Judicial Council, too. Of course he had to resign the Judicial Council appointment for his brief stint as Director of Public Safety. A brief stint before the letter exposed him as the Liar and sexual harrasser he is.
          And guess who is having fundraisers for Joe Miller at his home in Kenai? The same Christianist hypocrite Chuck Kopp.
          Birds of a Feather . . . .

        • Bretta says:

          “Governot” LOL Love it!

    • I save all emails that look even remotely important. I would definitely save ones from a lawyer. Maybe when people see that he has once again done something shady, they will come forward with those emails he thought he was getting rid of. For someone with a law degree, Mr. Miller doesn’t seem to be too bright.

  33. Team Alaska says:

    “How to Lie , Cheat, and almost Steel, a Senate Seat”

    By X-Lawyer, Tar and Feathered, run out of Alaska, Sneaky Joe Miller.

  34. johnny says:

    Just out of curiosity, what is the salary on the position that Palin appointed his wife to?

    • Bretta says:

      I tried today to find that – not very successful – guess I don’t know where to look but I’m assuming it is a minimum of $60,000 a year.

      I’m guessing that it was not on the disclosure form or you would know by now.

      I hate to respond in so much ignorance but I also hate that your question is like a chad or hangnail out there, so I’m hoping my response is like the Straw Man and folks will take a poke at it.

  35. formerwriter says:

    excellent analysis!! let’s hope your local alaskans see how much they need to hold their candidates (and officials) accountable. the public records act is only as good as the citizens who insist on using it to exercise their rights. that’s what i love about ms. mcleod. we need hundreds, if not thousands, more like her for our democracy to fully function.

  36. Marilyn says:

    And now you can start on the non-disclosure of property owned (or managed) (or whatever) in Wasilla when he was a magistrate, or was it a judge….whatever, on his judicial disclosure form….where he lists assets/liabilities….failure to disclose……um um Joe, you should have thought about ALL this GARBAGE in your background and FAILED TO REGISTER TO RUN!!