#MTGov Daily Rundown: Former Judge and Cyber Crime Expert Call Bullock's Deletion of Emails "Disheartening"

Nels Swandal, who spent nearly 20 years as a district judge, and Robin Jackson, an expert in cyber crime, published an op-ed yesterday offering sharp criticism of Governor Steve Bullock for deleting his own emails and the emails of his staff from his time as Attorney General.

"Montanans expect their top law enforcement officer not only to enforce the law, but to follow the law. That's why Gov. Bullock’s mishandling of state emails as Attorney General is so disheartening.

Recent reports reveal that, following his election as Governor, every email from Bullock’s four years as AG was deleted. All emails of his senior appointed staff were deleted. The email accounts were wiped clean." -Nels Swandal and Robin Jackson, Helena IR 10/17/2016


Swandal and Jackson point out that the deletion of the records violates Montana law.

"State law defines most state emails as “public records.” Montana Code requires preservation of public records. Many are to be preserved even after the official leaves office. The law requires state employees to pass records, including emails, on to their successors.

These laws fulfill Article II Section 9 of our Montana Constitution. “No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure.” -Nels Swandal and Robin Jackson, Helena IR, 10/17/2016


Addressing the Bullock Admin's defense of their actions, Swandal and Jackson say that the defense does not stand up to scrutiny.

"Blaming DoA policy is like blaming Google for deleting valuable information in your Gmail because you canceled your account. You are responsible for saving your information before you cancel. Google doesn't know what is important and what isn't, that is your responsibility.

While it may be normal procedure for DoA to delete email accounts, then-AG Bullock and his staff had a legal obligation to preserve email they sent or received according to State records retention policies and Montana law." -Nels Swandal and Robin Jackson, Helena IR, 10/17/2016

Deleting these emails is more than an abstract political issue. It is a real problem with real consequences, impairing all Montanans’ ability to exercise our constitutional right to 'examine documents or to observe the deliberations of all public bodies or agencies of state government.' This right protects our ability to question or appeal state agency actions that affect us or our loved ones." --Nels Swandal and Robin Jackson, Helena IR, 10/17/2016


Montanans were recently treated to the shocking news that all of the emails on state accounts from Governor Steve Bullock's 2009-2013 term as Attorney General have been destroyed. This is despite emails clearly being considered "public record" in state law and guidance from the Secretary of State's office that public officials turn over their emails to the state archives when they leave office.

“Note the email accounts for former Attorney General Steve Bullock and his appointed staff members no longer exist, so neither the accounts nor their archives are available to search,’ he wrote. Blixseth has asked state officials for a copy of the minutes of the meeting in which they followed proper protocols and requested destruction of emails." -Great Falls Tribune, 8/31/2016

"Andrew J. Huff, chief legal counsel for Bullock, said the governor’s office does not maintain public information archives from the attorney general’s office or other state agencies.

“With some limited exceptions, the governor’s office does not store public information that predates January 2013 when Governor Bullock came into office,” he wrote July 26." -Great Falls Tribune, 8/31/2016

“Do they exist, were they destroyed legally or illegally?” he [Blixseth] asked. “We find no record they were destroyed legally, so the assumption is they were destroyed illegally.” -Great Falls Tribune, 8/31/2016

"Blixseth cites email guidelines posted on the Secretary of State’s website that claim “When records are no longer needed, they may be disposed of in a legally prescribed fashion — but only after the State or Local Government Records Committees have approved their disposal.” -Great Falls Tribune, 8/31/2016

"He said research by him and his attorneys has shown the governor has not made a request to delete the information." -Great Falls Tribune, 8/31//2016

Chair of the State Senate Judiciary Committee, Scott Sales, is requesting that the Montana Attorney General's Office investigate why Gov. Bullock's emails from his 2099-2013 stint as Attorney General are missing. Sales calls the fact that the emails are gone "very troubling."

“Gov. Bullock failed in a very basic duty to preserve the public records entrusted to his care,” he stated later. -Great Falls Tribune, 9/26/2016

Sales notes that someone in Bullock's office, when he was attorney general, must have given the order to destroy the emails, which may violate state law. He also said the legislature may consider legislation to clarify that elected officials are prohibited from deleting emails.

"Sales asked that Fox determine who at Attorney General Steve Bullock’s office ordered the destruction of these email public records and did the State Records Committee ever give authorization to destroy all their email public records?

Sales said it may take legislative action to ensure that future governors do not do the same thing." -Great Falls Tribune, 9/28/2016