Nobody from Trump’s executive branch takes the Federal Records Act very seriously. And we all want to know who did what and when. But can I suggest a higher priority? Before anything else, fire them all. This is a clear dereliction of their duty and their oath of office. Fire them all before they do more harm.
Federal Records Act
Let’s start at the beginning. The Federal Records Act requires Agencies to preserve federal records. We have tons of regulations that implement that law. Also, you know, it’s kind of a felony?
The government told the Secret Service what they were required to do:
In both the run-up and aftermath of the Jan. 6 attack on the U.S. Capitol, U.S. Secret Service officials were instructed at least three times via official communications to record and preserve documents ahead of the agency’s communications migration.
“House Jan. 6 committee says Secret Service may have violated Federal Records Act,” CBS News, July 20, 2022
While I’m thinking of it, the January 6th Insurrection was a crime scene. Even Republicans grudgingly admit that, albeit mumbling under their breath. That makes the documents of the Secret Service part of the evidence and subject to preservation just for that reason.
Third in the lineup? Congress (remember them?) ordered the federal government to preserve records around the insurrection.
Congress informed the Secret Service it needed to preserve and produce documents related to January 6 on January 16, 2021, and again on January 25, 2021, for four different committees that were investigating what happened, according to the source. The Secret Service migration did not start until January 27, 2021.
“Secret Service gives thousands of documents to January 6 committee, but hasn’t yet recovered potentially missing texts,” CNN, July 19, 2022
Yes, that was two – two! – Congressional preservation orders before the SS started their “migration.” And the Department of Justice notified the agencies to preserve the records. Multiple civilian and criminal investigations, and it’s not even lunchtime yet.
Who Watches the Watchers?
The first step was to go to the Department of Homeland Security (DHS) Office of the Inspector General (OIG). Except… the DHS OIG knew about the deletion for most of a year but didn’t tell Congress. Maybe they were embarrassed?
But wait, there’s more. The Washington Post reported that the DHS also lost texts from the Secretary and Deputy Secretary. All during that same highly eventful period. Surprise, surprise.
Oh! Oh! And we also found that the DHS OIG scuttled the initial forensic investigation before it could recover the missing records.
And, just today, the Post added this: “Homeland Security watchdog previously accused of misleading investigators, report says.” DHS IG Joseph Cuffari – the guy who ensured that deleted texts stayed missing – was almost terminated in 2013 when he worked for an outpost of the DOJ OIG. Why? Skeevy ethical failings, ya hoser. He wasn’t fired because he ‘retired’ first. Godda spend more time with the damn family, y’know wadda mean? Then President Orangy-Trump put that same bastard in charge of all DHS internal investigations. Does anyone care to guess why Trump chose him?
Finding Fault
I don’t think “Oopsie?” would cover all that. Besides, that’s a moot point when every group insists their deletions and omissions were utterly deliberate. “Yes,” they say proudly, “we shot them on purpose!”
Did Trump hire their lawyers, too? This steaming pile stinks to high heaven. The DOJ eventually vowed to investigate. Goody. Now we get to wait a few more years before we know if they’ve started.
Dereliction of Duty
I don’t want to be ungrateful, but before we get lost down that rathole, can we stop them from doing harm? That’s why I point to dereliction of duty. We don’t have to go far. Uncovering a complex conspiracy will take years. They violated their oath of office, too, but nobody even pretends to care about that anymore.
Dereliction is easier. I don’t need to know motives, who did what, when, or who paid them off. Dereliction is much more straightforward: everyone responsible for preserving those federal records was derelict. Period. Anyone in the chain of command that controls that work? Fire them all. Were you responsible for preservation? (IT backups, for example?) Fire them, too. Anyone who didn’t do what they were required to do? Derelict. Did you see bad things happening, and you sat on your hands? Still derelict. We can’t leave them in place when they’re capable and willing to do more harm.
Corruption
What was that measure of corruption? Right, the appearance of corruption. Where does this balance on that scale? Oh, hell. Are you really asking? Most Americans believe these groups were part of the broad conspiracy to support Trump’s overthrow of the election and the nation. Many of us believe these people remain loyal to the treasonous MAGA cause. The ‘perception’ part died, fermented, and went to hell months ago.
Fire Them All
So yeah, investigate until the cows come home. Take the time to do it well. Ensure everyone’s rights are protected. But can you get to it before any more documents disappear?
So, first and foremost: fire them all. Anyone in the chain of preservation. If we must, put some people on paid leave. Whatever. Just get their stinky, scandal-ridden hands off the levers of power before they can deep-hole any more evidence.
