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Home » News » Editor Favorites

Wednesday, December 24, 2008

Climate czar left no electronic trail

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Deposition shows Browning refused to use e-mail to keep public in dark

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  • 'VERY CAREFUL': In sworn testimony, Carol Browner said she refused to use e-mail during her stint as EPA chief. (United Press International)

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By Jim McElhatton

Don't bother looking for any electronic records of Carol Browner's first stint as a federal government executive. The soon-to-be Obama administration climate czar intentionally didn't keep many.

In sworn testimony obtained by The Washington Times, Ms. Browner disclosed that she refused to use e-mail when she served as President Clinton's Environmental Protection Agency chief in the 1990s for fear of leaving a digital trail. She also ordered her government computer hard drive wiped clean of records just before leaving office.

"It was a conscious decision not to use a piece of equipment or to learn how to use a piece of equipment because I didn't want to be in a situation similar to what I had been in Florida," she testified about government computers. The testimony referred to her days as an environmental regulator in Florida, where an e-mail message sent to her surfaced in litigation.

"This is why I made this decision not to use my computer," she said. "I was very careful."

Ms. Browner's sworn statements were gathered in a little-noticed civil case involving the government's obligation to preserve its official records that transpired after Ms. Browner left office in January 2001. The lawsuit examined why EPA officials failed to save electronic records that chronicled the Clinton administration's final actions in office and that were being sought by a conservative legal group under federal open-records laws.

The same day a judge ordered the agency to preserve such records, Ms. Browner asked a staff member that any files on her government computer be erased, prompting allegations of a possible cover-up.

The ensuing investigation ultimately cleared Ms. Browner of any wrongdoing, concluding she was unaware of the judge's order. Her former agency, however, didn't fare as well. It was found in contempt of court for failing to preserve government records at the heart of the case.

While exonerated, Ms. Browner's testimony provided a rare insight into her distaste for keeping historical government records in electronic form. It's an aversion that concerns some government watchdogs as she prepares to take the high-profile job of coordinating President-elect Barack Obama's efforts against global warming.

"Obviously, it's troubling that public officials would avoid doing things because they're afraid the public might see it later," said Mike Surrusco, senior researcher at Common Cause, a nonpartisan group that monitors government ethics and openness.

Charles Davis, executive director of the National Freedom of Information Coalition at the University of Missouri, said avoiding computers and e-mail "seems a little drastic and over the top."

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