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‘Memogate’ report delayed as new witness steps forward
The Hill ^ | 3-1-04 | Alexander Bolton

Posted on 03/01/2004 6:00:17 PM PST by Indy Pendance

The Senate sergeant at arms’ final report on whether Republican aides hacked into Democratic Judiciary Committee files has been delayed as a former committee aide stepped forward with new information that seems to undercut Democratic claims that a criminal investigation was warranted.

The report was scheduled to be given to Judiciary Committee Chairman Orrin Hatch (R-Utah) and ranking Democrat Patrick Leahy (D-Vt.) yesterday.

Democrats on the judiciary panel have called for a criminal investigation of how Republican aides accessed internal Democratic documents and whether they then circulated them to the media, the Department of Justice and the White House.

But a former aide assigned to Sen. Chuck Grassley (R-Iowa) on Friday signed a sworn affadavit stating that between October 2001 and September 2002, Republican and Democratic staffers on the Judiciary Committee could easily access each other’s private documents on the committee’s shared computer server.

The aide’s testimony seems to corroborate the defense put forth by Manuel Miranda, who coordinated the GOP strategy on President Bush’s judicial nominees for Majority Leader Bill Frist (R-Tenn.) before being pressured to resign last month.

For weeks, Miranda has asserted that he and another GOP aide embroiled in the controversy over publicized Democratic memos could easily access the documents from the desktop computers and did not break or hack into Democratic files.

The aide, whose affidavit was drafted with the help of Miranda’s legal counsel, served as an unpaid intern with the Judiciary Committee for 11 months, ending in September 2002. During that time, thousands of internal Democratic Judiciary Committee documents were downloaded by GOP staff, and 14 of those documents were later leaked to journalists.

Prior to working for Grassley, the aide was a computer technician at the University of Maryland and helped manage computer security for the school’s technical support administration.

The aide, who spoke to The Hill on the condition of anonymity, said he has not yet spoken with investigators working for Sergeant at Arms Bill Pickle.

“In little time, it became apparent to me that security protocols for the use of the Judiciary shared network were inconsistently applied and so far as I was aware, largely unsupervised,” the aide wrote in the affidavit.

“In little time, I became aware that by clicking onto the icon ‘My Network Places’ followed, as I recall, by the icon ‘Network Connections,’ one could, intentionally or unintentionally, enter a panel that contained folders belonging to Judiciary staff, from what I could tell, of both Republicans and Democrats. I made this discovery quite easily while searching for the shared network for constituent letter models.”

The aide went on to state that any member of the Judicary Committee could intentionally or unintentionally open folders containing files that were clearly not password protected.

The aide said that Republican and Democratic files on the Judiciary Committee’s shared drive could be accessed by staff on the committee unless those files were given a password. However, several committee aides had failed to take that step.

“It was sort of like leaving a memo face up on your desk and leaving for the weekend,” said the former Grassley aide.

The aide said he was introduced socially to one of Miranda’s lawyers and soon realized he had personal experience that could benefit Miranda’s defense.

The aide’s affidavit also stated that he informed other Grassley staffers and the U.S. Secret Service of the gaps in computer security but that neither took any actions to protect the vulnerable files.

“Today’s news will regrettably leave some senators with egg on their face,” Miranda said in a statement released yesterday.

Miranda said the affidavit corroborated his assertions that the Democratic documents were available to Republicans because of the negligence of Democratic technology staff, not GOP hacking.

Miranda also called on the Senate to make the entire report public. He learned in a meeting with investigators last week that Republican and Democratic lawmakers wanted to redact significant portions of the report, presumably to protect other staff members.

In recent days, the Sergeant at Arms’ investigation has focused on the Bush administration and whether the White House obtained the internal Democratic documents from GOP aides on the Hill to prepare for the defense of the president’s controversial nominees, according to sources familiar with the investigation.

The probe’s latest turn seems to reflect concerns voiced by Senate Democrats over the administration’s level of involvement in what some Democrats now refer to as “Memogate.”

Also yesterday, four Democratic senators — Leahy, Edward Kennedy (Mass.), Dick Durbin (Ill.) and Charles Schumer (N.Y.) — released a letter sent Friday to Attorney General John Ashcroft demanding to know whether the Justice Department was aware that GOP staffers had accessed Democratic files or were privy to information contained in those files.

Democrats sent a similar letter Wednesday to White House Counsel Alberto Gonzalez.


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events
KEYWORDS: collusionmemos; judiciarycommittee; manuelmiranda; memogate
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1 posted on 03/01/2004 6:00:18 PM PST by Indy Pendance
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To: Indy Pendance
.
2 posted on 03/01/2004 6:00:31 PM PST by Indy Pendance
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To: Indy Pendance
This whole things reminds me of when Mr. Gun toots and tries to blame the stink on the dog.
3 posted on 03/01/2004 6:05:44 PM PST by anniegetyourgun
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To: Indy Pendance
I forget - who was the idiot republican senator who shifted the focus away from this evidence of Dem chicanery with the Intel Comm.

Thanks alot moron, whoever you are.
4 posted on 03/01/2004 6:08:17 PM PST by Fenris6
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To: Indy Pendance
All I can say to the dimwitocrats is... RTFM
5 posted on 03/01/2004 6:08:26 PM PST by Woodman ("One of the most striking differences between a cat and a lie is that a cat has only nine lives.")
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To: anniegetyourgun
Bad doggie!
6 posted on 03/01/2004 6:09:05 PM PST by woofie ( If at first you don't succeed, destroy all evidence that you tried)
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To: Indy Pendance
Why wasn't the Clinton WH's illegal possession of FBI files perceived by the press as a big deal? Never mind. I already know the answer. Besides, every day it was another scandal with that bunch. The press had enough on their hands trying to cover it all up.
7 posted on 03/01/2004 6:11:05 PM PST by hershey
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To: Indy Pendance
The question is, what are the Republicans going to do now? Are they going to allow Orrin Hatch to continue sweeping this under the rug as if this was much ado about nothing? The Republicans accidently stumble on a devious plot concocted by the Democrats and they act like deer staring at the high beamed headlights. The Republicans have the goods on the Democrats, and they should be hitting back at the Democrats, not sweeping this under the rug as if this were much ado about nothing!!
8 posted on 03/01/2004 6:11:23 PM PST by BigSkyFreeper (Liberalism is Communism one drink at a time. - P.J. O'Rourke)
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To: Indy Pendance
Too funny. The MENSA candidates on Capitol Hill get caught in their own computer illiteracy.
9 posted on 03/01/2004 6:13:18 PM PST by atomicpossum (I wish I had time for a nervous breakdown.)
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To: atomicpossum
True....true....

By the way, welcome to FR.

10 posted on 03/01/2004 6:19:16 PM PST by anniegetyourgun
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To: BigSkyFreeper
If there were another legitimate party to get in bed with, I'd divorce the Republicans in a NY minute. They make me sick. Thanks to their patrician gentleman's cooperation of looking the other way when wrong doing occurs, middle America is wondering, "WTH" (some would use an "F") and everything gets totally disconnected and DISGUSTED.
11 posted on 03/01/2004 6:19:55 PM PST by demkicker
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To: atomicpossum
MENSA candidates / Capitol Hill

In my dictionary, this is the definition for oxymoron.

12 posted on 03/01/2004 6:22:24 PM PST by upchuck (Ta-ray-za now gets to execute her "maiming of choice." I'm hoping for eye gouging, how 'bout you?)
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To: BigSkyFreeper
The answer to your first question is nothing. The answer to your second question is yes.
13 posted on 03/01/2004 6:22:42 PM PST by ChinaThreat (E)
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To: Indy Pendance
Hmmmmm .... this is mighty convenient. Has this guy been living in a hole, that it takes a "social meeting of a lawyer" to suddenly remember that he might have some useful information to impart?

What he says is quite probably true -- it's just the circumstances that raise flags for me. The real story is probably that he was afraid he'd get hounded out of a job in the same way Mr. Miranda did.

What would be really funny, would be if they could find evidence that Democrat staffers had gotten into the Republican documents in the same way.....

14 posted on 03/01/2004 6:25:59 PM PST by r9etb
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To: Indy Pendance
I desperately want to believe that the pubbies are moving the "stole it" argument off the table so that they can then concentrate on the investigation of the contents of the memos without interference. A report on that investigation in late September would be handy if it would get coverage. The timing of the "new witness" on Friday before the Monday report release is (optimistically) interesting. Further, the "rat patrol" weeping to the Justice Dept. smells of creating another diversion.

As I've asked before, a guy can dream, can't he?
15 posted on 03/01/2004 6:33:51 PM PST by ProfoundMan (The owl flies far for a candy bar.)
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To: Indy Pendance
When does the treason part start.?. -or- is the whisle blower going to get himself hung...
16 posted on 03/01/2004 6:36:01 PM PST by hosepipe
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For Patrick "Hatchet Job" Leahy to complain about leaks to the media is truly offensive.
17 posted on 03/01/2004 6:46:05 PM PST by SunkenCiv
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To: BigSkyFreeper
The Republicans have the goods on the Democrats, and they should be hitting back
I couldn't agree more. If the documents truly have been leaked already, release them all! When the Dims in the California state house left that microphone on, letting the Republican minority know they intended to push the budget even further out of whack in order to get a tax increase, the Republicans had the good sense to release the information to the press. That helped to bring down Gray Davis, and will probably help reelect George Bush.
18 posted on 03/01/2004 6:49:12 PM PST by SunkenCiv (GWB will win reelection by at least ten per cent.)
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To: Indy Pendance
The real story is what's in the democrat memos, not how they were exposed.

As a Republican I'm real sick and tired of all the statist Rinos who seem to be working with democrats.
19 posted on 03/01/2004 6:50:20 PM PST by Bullish
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To: BigSkyFreeper
Hatch is such a milk toast. Raises the white flag before any action occurs.
20 posted on 03/01/2004 6:54:41 PM PST by LaGrone
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