Yesterday, the House Oversight and Government Reform Committee held a hearing on “Preventing Violations of Federal Transparency Laws.” This is a huge problem.
When agencies flout transparency laws — as for example the White House, the EPA, and the National Highway Traffic Safety Administration (NHTSA) did when negotiating motor vehicle fuel economy and greenhouse gas emission standards under a “put nothing in writing, ever” vow of silence — they obstruct congressional oversight, facilitate corruption, and undermine the government’s accountability to the public.
The highpoint of yesterday’s hearing was an exchange between Rep. Trey Gowdy (R-S.C.) and former EPA administrator Lisa Jackson (a.k.a. “Richard Windsor”). Gowdy pressed Jackson about an email she sent to Siemens lobbyist Alison Taylor on Dec. 8, 2009. In it Jackson writes: “P.S. Can you use my home email rather than this one when you need to contact me directly? Tx Lisa.”
At the hearing, Jackson argued there was no impropriety in instructing Taylor to email her at home, because she and Taylor are friends, and she was trying to move a private conservation to her private account. The text of the email (see bottom of post) contains no hint or suggestion that Taylor emailed Jackson to discuss a personal matter, and none that Jackson was trying to clarify the need to keep discussions of personal matters out of government email. Rather, thanks to Gowdy’s persistent questioning, it’s obvious that Jackson was inviting Taylor to use Jackson’s home email to discuss official EPA business.
Why does that matter?
As Chairman Darrell Issa (R.-Calif.) pointed out, conducting official business via personal email defeats the intent of transparency laws like the Federal Records Act. The FRA requires agency heads to “make and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency.” Communications conducted via government email accounts are automatically captured for record-keeping purposes. In contrast, conducting official business via personal email empowers agency officials to hide or delete conversations with lobbyists and other interested parties rather than preserve those communications for the record.
In the video of the hearing, Gowdy’s examination of Jackson, with Issa’s follow-up, runs roughly from 113:50 to 120:15.
My unofficial transcript of the segment follows.
Gowdy: Ms. Jackson, “Can you use my home email rather than this one when you need to contact me directly.” Why did you say that?
Jackson: Because Alison Taylor, the author in the email chain, was a friend, and I believe a personal friend should use personal email.
Gowdy: Is there an exception for personal friends in the Federal Records Act?
Jackson: Sir, as I have already stated, my intention was to comply with the Federal Records Act.
Gowdy: That wasn’t my question, actually. Is there an exemption or an exception that you’re aware of for personal friends? It’s a simple – it’s not a complicated question. Are you aware of an exception to the Federal Records Act for personal friends? Yes or no? [click to continue…]











