I keep wondering why Mitt Romney is always so quick to say "I followed the law" whenever he is asked about the destruction of records as he left the governor's office.
Here's what the Boston Globe says Mitt Romney did:
On their way out of the governor’s office and onto the presidential campaign trail, aides to Mitt Romney almost completely obliterated their electronic records, deleting emails, purchasing hard drives, and replacing computers, a investigation by the Boston Globe found. “The governor’s office has found no e-mails from 2002-2006 in our possession,’’ an aide to the current governor, Deval Patrick, told the Globe.
Incident.
Mitt Romney has said that his staff destroyed the records, so he is aware of what happened and defends the action. He justifies it here (Thanks to Think Progress!):
ROMNEY: Well, I think in government we should follow the law. And there has never been an administration that has provided to the opposition research team, or to the public, electronic communications. So ours would have been the first.
Motive.
Is destroying electronic public records a crime in Massachusetts? Why yes it is:
The current version of the statute imposes a fine or term of imprisonment on whoever “unlawfully . . . alters, mutilates or destroys any public record.” G.L. c. 66,
§ 15. Although section 15 is broad, three things limit its reach. First, it applies only to
“public records.” Generally, public records are “documentary material or data, regardless of physical form or characteristics” that are “made or received” by a public official,
G.L. c. 4, § 7(26), and the term has been interpreted to include email.
[...]
Third, and most importantly for purposes of this report, section 15, is a criminal
statute. To sustain a conviction under it, the prosecution must prove that the person
charged had a certain state of mind; that is, it must be proven that the person knew that he or she was “destroying” public records.
Crime.
The penalty for destroying public records in Massachusetts is a fine of up of $500 or not more than one year in prison, or both.
Call me crazy, but I think when every single record of a governor's term of office is destroyed, the governor admits it was done and even sets forth his motive for doing it, there is a compelling public interest in the attorney general starting an investigation. Maybe even convening a grand jury. Destroying public records, and electronic records are considered part of that, is a crime in Massachusetts. Mitt Romney, knowing that, says he followed the law. So, lets put the matter before a judge and find out one way or the other.
Did Mitt Romney order his staff to take this action?
You don't have to be Perry Mason to see that Mitt Romney could be in big, big trouble.
