Wheelbarger's private email account has been linked with content sent to a law firm which conducted an internal audit of one of the telecoms, subject of the ongoing FISA litigation. The outside law firm has also been linked with the White House.

EFF FOIA Litigation

Marcia Hofmann of the Electronic Freedom Foundation recently won a FOIA case, getting access to telecom-US government communications seeking immunity for alleged FISA violations.

The government in a sworn affidavit stated there was no public interest in seeing private emails. These emails were not provided to EFF in response to the FOIA request.

It is not clear whether the US government adequately disclosed the Office of Vice President's legal counsel private email, her connection with the outside telecoms, or whether outside legal counsel still has records related to the ongoing FISA immunity discussions.

Growing Public Interest in Non-Disclosed Emails and Files

Until the EFF FOIA, there has been little if any public discussion of requesting copies of emails the US government sent to outside Counsel. Wheelbarger's private email shows there is a reasonable basis to doubt the US government's contention that it is acting in good faith in the affidavits.

It appears there are emails not only in the telecoms, but also the telecom legal counsel related to the FISA immunity discussions. It cannot be argued there is no public interest in the US government's private emails sent to legal counsel or telecoms; or the responses sent from teh telecoms and private counsel to the US government.

The link between Wheelbarger's email account and the law firm connected with the NSA telecom destroys a presumption of government good faith.

US Attorney Firings and FISA Violations

The original email request during the US Attorney firing scandal appeared to have narrowly focused on US government emails sent from US government and private email accounts on the US Attorney. There does not appear to have been an effort to focus on private emails outside legal counsel sent to the DoJ, White House, or OVP on the FISA issues; nor on records outside counsel sent to the US government, White House, NSA, OVP, or DOJ related to the FISA immunity.

US Attorney Firing Connection

The outside law firm connected with the Vice President's legal counsel private email account is reported to have hired a former US Attorney to silence her about an ongoing US government investigation into a Member of Congress.

Private email was used to coordinate the US Attorney Firings. Previously, the US government narrowly looked at whether the US government had or had not retained all emails. The White House is reported to have not retained all emails.

House Judiciary Hearing

The Judiciary Committee rejected Wheelbarger's request for abeyance and issued a subpoena for the Vice President's Chief of Staff to appear. Addington's privilege claim can be trumped under an an alleged fraud-corruption exception.

We recommend the House Judiciary, EFF, and other interested FISA litigants

A. Review the Office of Vice President's emails

B. Review all records of private emails sent to outside counsel on US Attorney firings, FISA violations, and requests for FISA immunity,

C. Require the OVP to safeguard all records of any private use of non-official emails,

D. Retain copies of all emails using private accounts to send/receive communications from outside counsel or telecoms related to alleged FISA violations or telecom immunity

E. Review the outside counsel, DOJ JCON, and telecom email archives for emails from the OVP or other US government computers using private email accounts

F. Require outside counsel, the OVP, and telecom contractors to provide an affidavit to the court that they have reviewed all records for all private email accounts sent from the OVP legal counsel.

Here is the language which would trump the presumption of good faith in re the Government affidavits in re FISA Immunity emails.

The VP legal counsels private email proves there is information, not provided, that is of public interest and related to the FISA immunity discussions.

VP Counsel cannot explain why her email is linked with legal counsel connected with both the White House and audits of the telecom industry; but the affidavit to the court in re EFF litigation says there is no public interest in these private emails or files.

Here another example of language in the affidavit in re FISA immunity discussions, incorrectly saying there is no public interest in the withheld information.

First we need to thank and show support for EFF.
Next we need to ask if the appropriate Senatoral authorities are aware of this new opening for investigators . And particularly if Sen Durbin's office is aware of this new 'private email account ' controversy- as Durbin claims to be a strong opponent of torture -and also is a key adviser to the apparent Democratic nominee presidential nominee Obama.
Third we need to see if the data mining that the OVP appears to have been conducting - was prior to the WTC attacks - and if some of the data mining was directed at politic 'enemies " such as Congresswoman Pelosi -and if so for what purpose.
Then as a sidebar we might want to see if Yang has "lawyerd up" -and wonder what kind of other private emails might exsist between other outside counsel & the OVP -I'm thinking maybe even Theodore Olsen could actually have some "unfortunate e-mails " out there.
Good work testing ...it smells like some of our Federalist Society chickens are coming home to roost ..
( Paging Congressman jERRY Lewis !)