GOP downplays reading of memos
'Fact sheet' asserts no rules, laws broken
http://www.boston.com/news/politics/us_senate/articles/2004/01/23/gop_downplays_reading_of_memos/By Charlie Savage, Globe Staff, 1/23/2004
WASHINGTON -- Although Senate Sergeant-at-Arms William Pickle's investigation into GOP surveillance of Democratic Judiciary Committee communications from 2002 to 2003 is not yet complete, Republicans are preemptively trying to head off any criminal charges or even ethics complaints in the Senate or the D.C. Bar.
The Committee for Justice, headed by C. Boyden Gray, a former senior White House counsel during the first Bush administration, this week began circulating a "fact sheet" arguing that no rules or laws were broken by Republican staffers who exploited a computer glitch on a shared server that allowed them to access memos written by their Democratic counterparts without having to enter a password.
However, Democrats, including Beryl Howell, a former general counsel for the Judiciary Committee who left the Hill a year ago and now runs the D.C. office of the cybersecurity consulting firm Stroz Friedberg, were quick to dispute each of the major points advanced by the Committee for Justice.
The opening salvos in the argument over the law and ethics are revealing because they frame whether Republican staffers, whom the Pickle investigation is likely to identify as knowing about and exploiting the glitch, will be vulnerable to punishment that could include firing, disbarment, or even a year in prison.
The argument advanced by the Committee for Justice is that the behavior did not violate the Computer Fraud and Abuse Act of 1984, which makes it a criminal act to exceed one's authorization to access a government computer. It said staffers "were entitled to access their own desktop computers and committee network on which the documents were inadvertently disclosed" by the mistake of a Democratic technician.