Experts Don't Yahoo! Over Palin's E-Mail Practices

Palin's E-mail Problem

A state spokesman for Palin has defended the practice, saying "I don't hear any public clamor for access to internal communications of the governor's office," and blaming the issue on "some people out there blogging and talking who would like to embarrass the governor."

The McCain-Palin campaign responded to inquiries about Palin's email practice with a written statement. "This is a shocking invasion of the Governor's privacy and a violation of law," read the statement, from campaign manager Rick Davis. "The matter has been turned over to the appropriate authorities and we hope that anyone in possession of these emails will destroy them. We will have no further comment."

Lawyer Meredith Fuchs of the Washington, D.C.-based National Security Archive has experience on this issue, having fought with the Bush White House over how it preserved emails, and why it allowed key personnel to use private email accounts controlled by the Republican National Committee. She believes Palin's email habits echo the worst practices of the Bush administration.

Government email systems typically have safeguards to preserve communications specifically for open-records purposes. "I don't know what Yahoo's policy is" on how long it saves emails, particularly after they're deleted by the user, said Fuchs, who doubted they were preserved.

That parallels the problems with White House personnel sending email through the RNC. Many of their emails "just don't exist anymore," said Fuchs. "This is very similar."

Fuchs – and open-government advocates in Alaska – worry that may be part of the governor's intent. "Maybe they did it because they thought the records wouldn't be disclosed," said Fuchs. "That raises issues possible destruction of evidence issues – if they expected litigation."