It now appears that millions of emails that should have been legally kept, have been routinely purged by the RNC because they were sent through RNC provided accounts, on RNC provided equipment. Whether or not the whole cozy set-up was installed to comply with the Hatch Act, it's painfully clear that it was utilized in direct violation of the Presidential Records Act.
I'm sure you'll be shocked to learn the biggest violator was Karl Rove. It's been widely reported that he conducted 95% of his email correspondence via the RNC servers. Putting a hold on his account didn't seem to do much to preserve the records under the PRA.
...the RNC does not have any e-mails prior to 2005 for Mr. Rove. Mr. Kelner did not give any explanation for the e-mails missing from Mr. Rove's account, but he did acknowledge that one possible explanation is that Mr. Rove personally deleted his e-mails from the RNC server.
This brings to mind, the April Fools "joke." I was one of the bloggers who got punk'd on the photo. I thought at the time, and I still do, the alleged joke was designed to shift the focus from Bush and Rove's visit to the fair city of Chattanooga, where the main servers for the RNC accounts are thought to be kept. I'm still wondering about the purpose of that visit. I find it as odd a coincidence as all the other key evidence this administration seems to lose on a regular basis.
But that aside, some 50 White House insiders have regularly been conducting the people's business in clear violation of the PRA. Leahy should subpoena the records immediately and every server and router that has carried the email should be seized and subjected to forensic examination to retreive what has been "lost."
Justice is pleading laxity and confusion for its failure to conform to the proper protocols. The only thing I can see that is confusing, are their excuses for breaking the law.