Demo data hacked, Hatch admits

Utahn 'shocked' memos were accessed, leaked

Published: Tuesday, Nov. 25, 2003 7:44 p.m. MST
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WASHINGTON — Saying he is shocked and mortified, Sen. Orrin Hatch announced Tuesday that at least one GOP aide on his Judiciary Committee "improperly accessed" Democratic computer files that were leaked to the press.

The apparent effort to embarrass Democrats has blown up in the face of Hatch and Republicans — bringing more focus on how the memos were leaked than on how they showed that Democrats might have hindered confirmation of conservative judges to sway outcome of pending cases and please liberal groups.

"I was shocked to learn this may have occurred. I am mortified that this improper, unethical and simply unacceptable breach of confidential files may have occurred on my watch," Hatch told a Capitol press conference.

"I have placed one individual on administrative leave with pay pending the outcome of the investigation being conducted by the Senate Sergeant at Arms, William Pickle."

He declined to name the staffer or to say exactly how the files were accessed. Republicans and Democrats on his committee share the same computer system. While access across party lines is supposedly restricted, staff have said that some holes in security were found last April and supposedly corrected then.

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When sensitive Democratic memos were leaked this month to the Wall Street Journal and the Washington Times, committee Democrats said the memos must have been stolen. They asked Pickle to seize and secure committee computer records, which he did.

Hatch initially decried the complaints as mere Democratic theatrics to divert attention from what the memos said. "Whenever they get their hands caught in the cookie jar, then they start to attack the process," Hatch told the Deseret Morning News last week.

Still, he said he ordered two former prosecutors assigned to his committee to interview 50 staffers about any possible connection to the leaks. He said one aide admitted improper access to some of the 14 leaked memos — but denies being the one who leaked them to the press. Hatch said another former staffer may also be involved.

Hatch said that information was turned over to the Capitol Police and the Senate sergeant at arms, who "has taken steps to engage an expert firm to conduct a forensic examination of the computer records" to help identify who accessed the leaked files.

He said the computer of the staffer on leave was confiscated and the aide is cooperating with the ongoing investigation.

Hatch said no one has yet been charged with any crime, and no crime may have occurred. "But I do feel that the ethics of this body have been breached," he said.

"Each senator has an expectation of receiving confidential, candid advise from his or her staff members. There is no excuse that can justify these improper actions."

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