White House personnel appear to have been systematically avoiding using their government emails on the job because they knew they might some day be subpoenaed.
But as we noted earlier with Karl Rove, this may have been too clever by half. If the president’s aides were using RNC emails or emails from other Republican political committees, they can’t have even the vaguest claim to shielding those communications behind executive privilege.
They would also seem to be violating federal law that requires adequate documentation.
Through the implementation of records management controls and other necessary actions, the President shall take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of his constitutional, statutory, or other official or ceremonial duties are adequately documented and that such records are maintained as Presidential records pursuant to the requirements of this section and other provisions of law.