Yet another “safe harbor” e-mail account from ex-EPA chief? Really?

posted at 12:01 pm on February 21, 2013 by Erika Johnsen

The plot thickens: The latest batch of (significantly redacted!) emails released last week revealed that, not only did former EPA chief Lisa Jackson make frequent use of an alias “Richard Windsor” email account to conduct government business, but that she supplemented that account with yet another account registered with the New Jersey government from her old job.

But Chris Horner, a senior fellow at the Competitive Enterprise Institute, said the use of alias and non-federal government accounts suggests a widespread attempt to skirt federal records laws and requests.

… The documents released last week showed that, in at least one case, Jackson also used her New Jersey government email account to forward her Richard Windsor account an article in July 2009.

This would have been months after she left the New Jersey Department of Environmental Protection. Horner said the account should have been closed by that point. He suggested it was used to protect certain messages from records requests.

“It was no longer an account which anyone would think to have searched under any open records request because there was no defensible reason it should still be in operation,” he told FoxNews.com in an email. “In other words, like the false-identity account, it was a presumed safe harbor. … The question now is to determine just how, in fact, it was used.”

Question: Why isn’t this burgeoning transparency scandal a bigger deal? The EPA obviously has some lame excuse on hand about how officials need internal emails separate from their public ones in order to deal with the sheer volume of communication, but come on — even if that’s really the case, why should EPA have the privilege of so heavily redacting their communications? This isn’t the CIA, for goodness’ sake, and the EPA has a particular penchant for rulemaking that impacts the economy in a reliably negative way. Sorry, EPA, but you work for us, and the fact that your head administrator spent her tenure playing fast and loose with transparency requirements is a sham.

Speaking of EPA chiefs, looks like President Obama has settled on his selections for the new leaders at both EPA and the Department of Energy. Whatever else his second-term energy policy comes up with, we know we’re in for more opprobrious regulations, green-energy “investments,” and energy efficiency mandates, which will by and large come between the auspices of the EPA and DOE. I’m sure the GOP will make an especial issue out of transparency during the confirmation hearings, but it is increasingly clear that the only thing ‘transparent’ about this White House is that they do whatever they darn well please.

Environmental Protection Agency air chief Gina McCarthy and former Clinton Energy undersecretary Ernest Moniz are still seen as clear favorites to help lead President Barack Obama’s energy and environment team, but the official announcements may not be imminent, sources tell POLITICO.

The expectation that Obama will tap McCarthy to lead EPA and Moniz to head the Energy Department hasn’t changed for weeks — and in fact, a limited backlash has already developed for both candidates. Some congressional Republicans are skeptical about McCarthy, while anti-fracking interests are objecting to Moniz because of ties between the petroleum industry and an energy initiative he runs at MIT. …

But while the timing of the announcements may be fluid, observers have little lingering doubt McCarthy and Moniz are indeed the picks.


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Why does the law even allow them to edit the releases? Or doesn’t it?

Archivarix on February 21, 2013 at 12:04 PM

Federal crime ?

Mr. Arrogant on February 21, 2013 at 12:06 PM

I’m sure the GOP will make an especial issue out of transparency during the confirmation hearings, but it is increasingly clear that the only thing ‘transparent’ about this White House is that they do whatever they darn well please.

An unrestrained government is the epitome of tyranny. This administration, and its apparatchiks, reminds me of the Soviets and the Nazis.

Their goal, too, is unrestrained power over us.

OhEssYouCowboys on February 21, 2013 at 12:07 PM

So, given the fact that Jackson was absolutely corrupt and completely bent, and she’s not the only example of this, can we maybe start to question Obamao’s judgement…yet?

Meople on February 21, 2013 at 12:07 PM

Most transparent CROOKED administration, evah!

GarandFan on February 21, 2013 at 12:07 PM

It’s almost as if they have something to hide.

Bitter Clinger on February 21, 2013 at 12:07 PM

Question: Why isn’t this burgeoning transparency scandal a bigger deal?

Because Obama/Democrats.

Not one reason more than that. Had this happened under Romney/Republican watch it would be screamed from the rafters. And you kid yourself if you think anything but that.

Gatsu on February 21, 2013 at 12:07 PM

Yawn.

How’d Obma’s golf game go today?

/ media

Good Lt on February 21, 2013 at 12:08 PM

Le snake.

petefrt on February 21, 2013 at 12:09 PM

So, given the fact that Jackson was absolutely corrupt and completely bent, and she’s not the only example of this, can we maybe start to question Obamao’s judgement…yet?

Meople on February 21, 2013 at 12:07 PM

“NO!! Obama is awesome!!!”
/MSM

Bitter Clinger on February 21, 2013 at 12:09 PM

OnLine Streaming:

Greenwood, SC
The Rush Limbaugh Show

http://tunein.com/radio/The-Rush-Limbaugh-Show-p20617/

canopfor on February 21, 2013 at 12:12 PM

Question: Why isn’t this burgeoning transparency scandal a bigger deal

Chuck Todd has already explained the mythology of liberal media bias – on the same day NBC hired David Axelrod & revealed they no longer accept gun advertising. Move along from this mistaken e-mail non-story. And make sure all political discourse is polite

drivingtheview on February 21, 2013 at 12:12 PM

Why does the law even allow them to edit the releases? Or doesn’t it?

Archivarix on February 21, 2013 at 12:04 PM

There is an exception in FOIA for “deliberative” information as well as attorney-client communications. Agencies are not required to release details of policy deliberations. Some personal infromation is also excluded. However, in 2009 at the very beginning of the Administration, Eric Holder issued a directive to all agencies that they were to use the least expansive interpretation of the deliberative exception in answering FOIA requests. It appears EPA has used the most expansive interpretation.

Certainly something that would have become a major scandal by now had it been a Republican administartion.

rockmom on February 21, 2013 at 12:15 PM

This behavior will only stop when people start going to prison…and that,unfortunately,is not going to happen.

rjh on February 21, 2013 at 12:15 PM

The plot thickens: The latest batch of (significantly redacted!) emails released last week revealed that, not only did former EPA chief Lisa Jackson make frequent use of an alias “Richard Windsor” email account to conduct government business
=============================================

Maybe’s the FBI should investigate the EPA,er,Lisa Jackson!!

canopfor on February 21, 2013 at 12:16 PM

This administration, and its apparatchiks, reminds me of the Soviets and the Nazis.

Their goal, too, is unrestrained power over us.

Considering who this admins mentors and advisers are, and which international leaders, past and present, are most admired, of course, unrestrained power is their goal.

It always has been.

hawkeye54 on February 21, 2013 at 12:16 PM

You want to talk about criminal shenanigans? Then why not try the vital instead of the incidental?

A Man of Science Examines the President’s Birth Certificate by David Solway

A near-complete silence has attended the recent deposition by Lord Christopher Monckton regarding the numerous errors and discrepancies to be found in Barack Obama’s digital copy of his birth certificate. Exactly why a credible report by a trustworthy figure such as Monckton should be so studiously ignored presents an interesting case study in media self-censorship, liberal evasion and conservative pusillanimity [Heavens to Betsey, i wonder who that could refer to!] . After all, Monckton’s international standing is impeccable. Specializing in investigating scientific frauds at the government level, he was for several years an advisor to British prime minister Margaret Thatcher in the appraisal of forged documents. Relying on his impressive mathematical expertise and his knowledge of probability theory, he has published an affidavit, sworn under oath and penalty of perjury, to the effect that the president’s duplicate certification is surely inauthentic. In his words, “the probability that the White House document is genuine is vanishingly different from zero.”

VorDaj on February 21, 2013 at 12:17 PM

<blockquote, "This is the most transparent administration in history, and I can document how that is the case — everything from every visitor who comes into the White House is now part of the public record. That is something we changed. Every law that we pass, every rule that we implement we put online for everyone to see." – King Barack Hussein

Trafalgar on February 21, 2013 at 12:17 PM

Most transparent CROOKED administration, evah!

GarandFan on February 21, 2013 at 12:07 PM

Well, they certainly are the most transparently corrupt Administration in American History.

SWalker on February 21, 2013 at 12:18 PM

Had this happened under Romney/Republican watch it would be screamed from the rafters. And you kid yourself if you think anything but that.

This is a tired, old response to what the libs do, and it’s got to be addressed. Get this straight: it wouldn’t have happened under a Romney/Republican watch. Get it?

HiJack on February 21, 2013 at 12:18 PM

Another day, replete with examples of federal lawbreaking by people that simply are above the law.

Call me when everyone’s actually ready to *do* something about the tyranny – beyond whimper and moan about it. In the meantime, it all amounts to a feeble whining plea for the administration to use a bit of lube while they rape the country’s backside as the media holds it down and the GOP stands by saying, “you really should perhaps consider not doing that, you know, but… can I take a turn?”

Midas on February 21, 2013 at 12:21 PM

This administration, and its apparatchiks, reminds me of the Soviets and the Nazis.

OhEssYouCowboys on February 21, 2013 at 12:07 PM

At the rate Obama is going, in another couple of years, the unsimilarities will be vanishingly different from zero.

VorDaj on February 21, 2013 at 12:23 PM

Most transparent CROOKED administration, evah!

GarandFan on February 21, 2013 at 12:07 PM

Nixon was a piker, man!

GWB on February 21, 2013 at 12:24 PM

Indeed a sham and frogmarch worthy. However we have precedent from Dubya himself in refusing to prosecute Sandy Berger. Remember him and the national archive notes he stole and destroyed concerning Al Queda? A pox on both parties.

AH_C on February 21, 2013 at 12:26 PM

did he beat Tiger?

*ducks*

ted c on February 21, 2013 at 12:27 PM

This is but one agency out of how many? I don’t believe for a minute it is the only agency doing it. Also, nothing is being said let alone done about all the “off campus” meetings approved by this administration. Nor do we really know what O is doing with his blackberry!

CoffeeLover on February 21, 2013 at 12:27 PM

The Left & Greens Openly Advocate Dishonesty
The idea that it’s about transparency or honesty for the greens and radical left (same thing for the most part) is ridiculous. Especially on global warming er climate change they conveniently take the notion that this is a great political cause, to reduce the “human footprint,” and gwarming is simply to pretense to push that agenda. Even in the 1970s, when Global Cooling was the issue of the day, Obama’s future Science Czar John Holdren wrote “A massive campaign must be launched to de-develop the United States… [we] must design a stable, low-consumption economy in which there is a much more equitable distribution of wealth.” More quotes:
“It doesn’t matter what is true, it only matters what people believe is true.” -Paul Watson, Greenpeace
“We have to offer up [fabricated] scary scenarios… each of us has to decide the right balance between being effective [lying] and being honest [ineffective].” -Stephen Schneider, lead IPCC author, 1989
“We’ve got to ride the global warming issue. Even if the theory of global warming is wrong, we will be doing the right thing …” -leftist Senator Tim Wirth, 1993
“The only way to get our society to truly change is to frighten people with the possibility of a catastrophe.” -Daniel Botkin, ex Chair of Environmental Studies, UCSB
“Isn’t the only hope for this planet the total collapse of industrial civilisation? Is it not our responsibility to ensure that this collapse happens?” -Maurice Strong, ex UNEP Director
On gwarming: not only is there nothing unusual about current temperatures (with the hockey stick debunked, it’s just another day on Planet Earth), but there’s no demonstrated causal correlation between CO2 & temperatures. See the short 3 minute video that calls out algor for repeating the the IPCC falsehood on CO2: http://www.youtube.com/watch?v=WK_WyvfcJyg&info=GGWarmingSwindle_CO2Lag

anotherJoe on February 21, 2013 at 12:27 PM

Another day, replete with examples of federal lawbreaking by people that simply are above the law.

Midas on February 21, 2013 at 12:21 PM

Obama was granted his above-the-law status by many, chiefly among them being those, such as hotair, who have accepted his faux birth certificate as being above reproach.

VorDaj on February 21, 2013 at 12:27 PM

This administration, and its apparatchiks, reminds me of the Soviets and the Nazis.

OhEssYouCowboys on February 21, 2013 at 12:07 PM

At the rate Obama is going, in another couple of years, the unsimilarities will be vanishingly different from zero.

Until Barry’s admin solves the problem of widespread ownership of firearms and ammo, the outcome will be somewhat different than the Nazi takeover of Germany, but may be similar to the Soviets if the admin doesn’t mind provoking a civil war to accelerate its desired outcome.

hawkeye54 on February 21, 2013 at 12:28 PM

<blockquote, "This is the most transparent administration in history, and I can document how that is the case — everything from every visitor who comes into the White House is now part of the public record. That is something we changed. Every law that we pass, every rule that we implement we put online for everyone to see." – King Barack Hussein

Trafalgar on February 21, 2013 at 12:17 PM

If actual people can use the “Coffee Shop” loophole, why can’t they also have a “coffee shop” e-mail account ? /s

Jabberwock on February 21, 2013 at 12:30 PM

If it’s not a life-and-death situation or comedy, then it seems the purpose of using sockpuppets is to be crooked and corrupt.

Christien on February 21, 2013 at 12:30 PM

did he beat Tiger?

*ducks*

ted c on February 21, 2013 at 12:27 PM

Word is he was to busy out stroking Reggie Love…

SWalker on February 21, 2013 at 12:31 PM

Until Barry’s admin solves the problem of widespread ownership of firearms and ammo, the outcome will be somewhat different than the Nazi takeover of Germany, but may be similar to the Soviets if the admin doesn’t mind provoking a civil war to accelerate its desired outcome.

hawkeye54 on February 21, 2013 at 12:28 PM

Problem ? What problem ? Maybe his, but certainly not mine.

Jabberwock on February 21, 2013 at 12:32 PM

“Transparency.”

No, criminality.

Dusty on February 21, 2013 at 12:34 PM

In his words, “the probability that the White House document is genuine is vanishingly different from zero.”

VorDaj on February 21, 2013 at 12:17 PM

Funny thing, those terms – “peer pressure” and “groupthink”. For once, those ridiculous NYC shrinks stumbled into something useful.

When I was just a kid living in the Soviet Union, I had a very distinct impression that everybody – including the economy honchos, the army, the law enforcement, and even most politicians – knew how corrupt, ridiculous, and fragile the Soviet regime has become by the beginning of the 80-ies. At least 80% of the kitchen talk was about that. And yet, when people met in public, everybody was as happy with the regime as humanly imaginable. There was no physical threat, real or implied, like in the 30-ies; people just refused to be the first to breach the wall. It took the shock of Perestroika to make that tectonic shift so people could finally publicly mention that the King is, in fact, stark naked.

It’s the same with the Birth Certificate. Everyone with half a brain and a rudiment of computer knowledge has his or her doubts, yet will never admit to them in public because every talking head says it makes you a kook and a tinfoil-hat conspiracy theorist. People came up with all sorts of excuses – like “elections are soon, it will push the independents away” – instead of making a public demand for something Obama is obviously extremely reluctant to show. Frankly, I had some hope that Ron Paul, for all his fearless pro-Constitutional zeal and in light of his upcoming retirement, will make this demand. Is there anyone else with balls and a large megaphone? Isn’t it a pity that Donald Trump has larger balls than the whole GOP combined?

Archivarix on February 21, 2013 at 12:34 PM

This is a tired, old response to what the libs do, and it’s got to be addressed. Get this straight: it wouldn’t have happened under a Romney/Republican watch. Get it?

In a nutshell – this is why we are where we are. Conservatives view politics from the perspective of what’s best for the country today & long term. Liberals view politics from the perspective of how to destroy conservatives. When you throw in the complaint liberal media writing PUBLIC articles about how Obama is their puppet master and they are powerless in this new media age…

So fake mail accounts from the EPA chief are bad for the country. Tune in later today to Obama’s speech from a soon to be sequester-ed shut down shipyard. And cable news panels discussing longer airport screening lines due to sequester…

drivingtheview on February 21, 2013 at 12:35 PM

Indeed a sham and frogmarch worthy. However we have precedent from Dubya himself in refusing to prosecute Sandy Berger. Remember him and the national archive notes he stole and destroyed concerning Al Queda? A pox on both parties.

AH_C on February 21, 2013 at 12:26 PM

You can thank Condi Rice, the dangerous idiot, for that.

VorDaj on February 21, 2013 at 12:35 PM

Isn’t it a pity that Donald Trump has larger balls than the whole GOP combined?

Archivarix on February 21, 2013 at 12:34 PM

A mouse has larger balls the the whole GOP combined and some “conservative” web sites have no balls at all.

VorDaj on February 21, 2013 at 12:38 PM

Malfeasance, this is the Barky administration to a T.

mal·fea·sance
[mal-fee-zuhns] Show IPA

noun Law.
the performance by a public official of an act that is legally unjustified, harmful, or contrary to law; wrongdoing (used especially of an act in violation of a public trust).

D-fusit on February 21, 2013 at 12:38 PM

A mouse has larger balls the the whole GOP combined and some “conservative” web sites have no balls at all.

VorDaj on February 21, 2013 at 12:38 PM

Don’t knock Hot Air, they have to eat, too – the larger the tent, the more clicks. If you want conservative blogs to illuminate that or another particular topic, start your own. If it makes sense, I’ll read it, too.

Archivarix on February 21, 2013 at 12:42 PM

It’s the same with the Birth Certificate. Everyone with half a brain and a rudiment of computer knowledge has his or her doubts, yet will never admit to them in public because every talking head says it makes you a kook and a tinfoil-hat conspiracy theorist. People came up with all sorts of excuses – like “elections are soon, it will push the independents away” – instead of making a public demand for something Obama is obviously extremely reluctant to show. Frankly, I had some hope that Ron Paul, for all his fearless pro-Constitutional zeal and in light of his upcoming retirement, will make this demand. Is there anyone else with balls and a large megaphone? Isn’t it a pity that Donald Trump has larger balls than the whole GOP combined?

Archivarix on February 21, 2013 at 12:34 PM

Yes, the “Professional Conservative Blogging Class” utterly refused to even consider the notion because they had been convinced by the Fifth Column Treasonous Media that even thinking about the issue meant a complete abandonment of any sense of rationality. Only conspiracy theory tin foil hat wearing birther fringe lunatics would even remotely consider the Birth Certificate issue.

SWalker on February 21, 2013 at 12:42 PM

Malfeasance, this is the Barky administration to a T.

mal·fea·sance
[mal-fee-zuhns] Show IPA

noun Law.
the performance by a public official of an act that is legally unjustified, harmful, or contrary to law; wrongdoing (used especially of an act in violation of a public trust).

D-fusit on February 21, 2013 at 12:38 PM

You forgot the ‘Mendacious” mendacious malfeasance is the hallmark of the Obamanation Administration.

Definition of MENDACIOUS
: given to or characterized by deception or falsehood or divergence from absolute truth

SWalker on February 21, 2013 at 12:45 PM

Yes, the “Professional Conservative Blogging Class” utterly refused to even consider the notion because they had been convinced by the Fifth Column Treasonous Media that even thinking about the issue meant a complete abandonment of any sense of rationality. Only conspiracy theory tin foil hat wearing birther fringe lunatics would even remotely consider the Birth Certificate issue.

SWalker on February 21, 2013 at 12:42 PM

And so now they complain and complain and complain about Obama thinking himself above the law. With all their help in legitimizing him, and without question, why wouldn’t he.

VorDaj on February 21, 2013 at 12:47 PM

Yes, the “Professional Conservative Blogging Class” utterly refused to even consider the notion because they had been convinced by the Fifth Column Treasonous Media that even thinking about the issue meant a complete abandonment of any sense of rationality. Only conspiracy theory tin foil hat wearing birther fringe lunatics would even remotely consider the Birth Certificate issue.

SWalker on February 21, 2013 at 12:42 PM

When it comes to one’s reputation in a high society, better a sworn enemy than a lunatic. Even Andrew Breitbart (RIP), undeniably the worst foe of the liberal class, was occasionally invited for a cocktail round. A pundit willing to give up socializing for truth has not been born yet.

Archivarix on February 21, 2013 at 12:47 PM

Don’t knock Hot Air, they have to eat, too – the larger the tent, the more clicks. If you want conservative blogs to illuminate that or another particular topic, start your own. If it makes sense, I’ll read it, too.

Archivarix on February 21, 2013 at 12:42 PM

Although I didn’t start it, try AmericanThinker as they have one ball anyway.

VorDaj on February 21, 2013 at 12:50 PM

Although I didn’t start it, try AmericanThinker as they have one ball anyway.

VorDaj on February 21, 2013 at 12:50 PM

I know them. They offer plenty of good analysis, which I don’t need, but a wee short on news and leadership.

Archivarix on February 21, 2013 at 1:00 PM

By law, the ownership of any type of record created by any Federal employee under any circumstances when that record concerns Federal business, belongs to, or is automatically ceded to, the Federal Government.

I have been briefed more times than I can count that when I write or speak about my Federal work, the Government owns what I create. It is just that simple. All of these alias accounts are by law the property of the Federal Government and subject to FOIA.

Here’s an example of the rule:

The term “records” used in this guide means records as defined in 44 U.S.C. 3301. As defined in the law, documentary materials are Federal records when they are made or received by a Federal agency in connection with the transaction of Government business, and they are maintained or should be maintained by the agency to document how it was organized, what functions it performed, how it carried out those functions, how it related to other agencies and to the public, or because the materials contain information of value to the agency. “Documentary materials” is a collective term for Federal records, nonrecord materials, and personal papers that refers to all media containing recorded information, whatever the method(s) or circumstance(s) of recording.

There’s more, but this covers it.

Cricket624 on February 21, 2013 at 1:03 PM

drivingtheview on February 21, 2013 at 12:35 PM

My daughter raised a good point last night about the TSA. Everyone who flies pays an addition surcharge for their tickets that help fund the TSA. So why should the sequester cause a slow down in the TSA lines?

chemman on February 21, 2013 at 1:03 PM

I know them. They offer plenty of good analysis, which I don’t need, but a wee short on news and leadership.

Archivarix on February 21, 2013 at 1:00 PM

If you want links to news, see Drudge. If you want leadership, unfortunately you are probably SOL, unless you can raise the dead.

VorDaj on February 21, 2013 at 1:06 PM

When it comes to one’s reputation in a high society, better a sworn enemy than a lunatic. Even Andrew Breitbart (RIP), undeniably the worst foe of the liberal class, was occasionally invited for a cocktail round. A pundit willing to give up socializing for truth has not been born yet.

Archivarix on February 21, 2013 at 12:47 PM

And therein lies the problem. Their reputations are preferences rather than convictions. Esau of Old Testament fame comes to mind. Sold out his birth right for a bowl of stew. Modern day version is selling out you reputation for a drink at a cocktail party. It explains why this country is going to h*ll in a handbasket.

chemman on February 21, 2013 at 1:08 PM

Question: Why isn’t this burgeoning transparency scandal a bigger deal?

Here’s a hint. It starts with a D.

crazywater on February 21, 2013 at 1:37 PM

Relying on his impressive mathematical expertise and his knowledge of probability theory, he has published an affidavit, sworn under oath and penalty of perjury, to the effect that the president’s duplicate certification is surely inauthentic. In his words, “the probability that the White House document is genuine is vanishingly different from zero.”

VorDaj on February 21, 2013 at 12:17 PM

In other words, he is a liar from birth.

You’d think he’d be better at it. Then again I guess he doesn’t need to be since so many people are ready, willing, and able to believe it.

Lily on February 21, 2013 at 1:47 PM

And the corruption just keeps comin’ at ya folks. You voted for him. Just keep let Obama keep killing the greatness of what used to be the United States of America. Very hard to have pride in this administration.

karlinsync on February 21, 2013 at 3:29 PM

Are Obama’s new hires also lesbians with the big sis (ie standard) haircut?

Sherman1864 on February 21, 2013 at 4:03 PM

Well one thing is sure, Brian Terry is dead.

Richard Windsor is just a dog.

Sure as the sun comes up tomorrow the hapless Republican House will make sure this mean ass commie thug Lisa Jackson gets a pass.

Eric Holder is still the Atty. Gen. and Brian Terry death had a cause and effect.

No guts no blue chips.

The House Republicans got piss stains all down both legs.

APACHEWHOKNOWS on February 21, 2013 at 4:14 PM

for facts on this

http://www.wattsupwiththat.com

APACHEWHOKNOWS on February 21, 2013 at 4:15 PM