The E-spionage Scandal Grows
Posted on April 4th, 2013 in Uncategorized | 32 Comments »
As Harvard folks know by now, Harvard College dean Evelynn Hammonds admitted yesterday that she lied in her previous disclosures about the extent of the e-spionage conducted by herself and FAS dean Michael Smith.
Contradicting a previous statement, Dean of the College Evelynn M. Hammonds told faculty at their monthly meeting Tuesday that she authorized a second round of secret email searches that probed the faculty and administrative accounts of a single resident dean identified as having leaked confidential information about the Government 1310 cheating case.
All right, so she didn’t actually say the words “I lied,” but…it is very hard to escape the conclusion that this is exactly what happened.
If there’s ever a good time to quote myself (and there may not be), this is it; I wrote these words after residential dean Sharon Howell told the Boston Globe that the version of events presented by Hammonds and Smith was not accurate:
There’s no way to sugarcoat it: Someone here is lying.
Hmmm. Let’s see. Is it the residential dean who doesn’t have job security and is standing up for a matter of principle and spoke openly to the press for what she thinks is right? Or is it the two deans who spied on people’s email, didn’t tell them about it although university policy mandated that they do so, and have since hidden behind legalese and press releases, not daring to speak an un-lawyered word?
I know who I’m betting on.
A number of commenters thought I had gone off the reservation here, which is one reason why I’d like, basically, to say: Told you so.
Again, the Crimson:
On March 11, Smith and Hammonds released a statement which said the searches were “limited to the Administrative accounts for the Resident Deans…as distinct from their individual Harvard email accounts.”
But on Tuesday, Hammonds doubled back on that as she read prepared remarks to a packed room of faculty in University Hall.
“Although I consulted with legal counsel, I did not inform Dean Smith about the two additional queries.
This is kind of a big deal. For one thing, she may be lying; she may have told Smith about the additional spying. [Smith says she told him “in March,” but he and Hammonds put out their original statement in March, with no mention of the additional e-spionage.)
But if Hammonds didn’t tell Smith, that’s a big deal too; Hammonds may be the Oliver North of the Harvard bureaucracy—a rogue agent. The question is, do her higher-ups have plausible deniability?
More Hammonds:
“This was a mistake. I also regret the inaccuracies in our March 11 communication resulting from my failure to recollect the additional searches at the time of that communication.”
Everyone, say it with me now: The idea that Hammonds conducted a secret search about which she obtained legal advice but made a conscious decision not to tell Michael Smith and, when subsequently asked to disclose decanal e-spionage, experienced a “failure to recollect,” is not credible.
Isn’t it just a lie?
Harvard, let us not sugarcoat things here, because this is important—this goes to the essence of what you stand for now and in the future.
The dean of your college secretly reads people’s email and is, at best, misleading and disingenuous about it; at worst, she’s a liar. She has lost trust…she has lost credibility…and she has brought yet another round of bad publicity to the University. (The AtlanticWire: “Oops, Harvard Actually Spied on its Dean More Than We Thought.” Etc.)
She has also put her boss, Drew Faust, in a terrible position. Either Faust didn’t know that she had an Oliver North working for her—or she did.
Two bad choices.
The Globe has this nice touch:
Hammonds, speaking in personal terms, referred to her 10-year-son in stressing “how important it is to own up to your mistakes, to apologize, and to make amends.”
“I have to model that behavior for him,” she said. “This is what I have tried to do today.”
That takes some chutzpah—to use your child as a shield in apologizing for prevaricating—even as you engage in more of the same.
I wrote earlier that it would not be going too far to talk of the resignation of deans Smith and Hammonds. That suggestion was greeted with some skepticism. I stand by it.
And there’s yet another issue—how far does the e-spionage extend? And what did Drew Faust know, and when did she know it?
The Crimson:
[Faust] said she determined that Harvard has “never monitored faculty email, and that only rarely does the University access* faculty email,” but declined to answer questions from faculty asking her to clarify what she meant by “rarely.”
Let’s substitute the word “occasionally” for the word “rarely” here, because in this context they basically mean the same thing, with just a slightly different spin.
“Harvard occasionally accesses faculty email.”
*[George Orwell would appreciate the use of the word “access” in this context. Can we just say “reads’?]
Now…that’s kind of a big deal. I imagine the faculty would want to know why and under what circumstances—under what justification.
Drew Faust has appointed an outside attorney to look into Harvard’s policies on e-spionage. I guess she doesn’t have much choice; the credibility of the internal administration is damaged to the point of non-existence. But could any outside lawyer hired by the president…investigate the president?
32 Responses
4/4/2024 10:14 am
I know this outside lawyer. His and his firm’s reputation depend on his going where the trail leads, and I am sure that is what will happen. That’s why the job was not given to the OGC.
4/4/2024 10:16 am
It’s tough to investigate your own client, though, Richard. But it will be interesting to see where this goes.
4/4/2024 10:17 am
And of course he was hired with a particular mandate—and the question is, was he given the authority to follow a trail wherever it led, or was his mandate confined to narrower parameters?
4/4/2024 11:54 am
You said she was lying, you say she was lying. You were wrong then and you’re wrong now.
She screwed up and signed on to an erroneous statement, and screwed up worse by not investigating her own records and the Secretary’s to immediately correct everything. This is lame but it’s not lying.
I knew you were going to go off on this issue. You’re totally missing the fact that EH’s errors do not make this scandal any worse IN SUBSTANCE. They just show ineptitude and culpable inattention.
The only way the inaccuracies could make a moral difference would be if the admin had stood by them and, as RT says, tried to “impugn” those who contradicted them.
I am confident the outside lawyer will do a thorough job and the report will show nothing that can fairly be labeled “deceit,” unless you count the secret search itself.
My take is on the record, and it hasn’t changed:
People have screwed up, but no one has been lying. The scandal is about e-mail search policy, not about misleading journalists.
SE
4/4/2024 12:19 pm
At the risk of being a blowhard, I incorporate into this post the comment I made this morning predicting the appearance of this post and disagreeing with it:
This is just a quick note in response to today’s Crimson to register my prediction that RB will continue to press his point that “the cover-up is worse than the crime.” Journalists love to believe this, since it makes them the biggest victims.
In this case, despite the reaction to Tuesday’s revelation, the cover-up is NOT worse than the crime. The cover-up has consistently been a result of negligence, inattention, and Hammonds’ faulty memory. To be sure, she should have gotten more help to make sure the statement Smith drafted was complete. This was bad but benign — her omissions were mostly (though not entirely) marginal, and did not make her look materially better. One fact added by Smith made her look better, but it seems clear that it got published through sloppiness on her part, not mendacity.
The crime was worse. It was intentional, not negligent. It was a flouting of the clear policy for no compelling reason, revealing that she and Smith believed themselves above the law. (”Law” here meaning “rules,” of course, not government law.)
Smith did not wittingly participate in this spring’s cover-up, and apologized quickly. He has done well. But he is equally guilty of the much more serious underlying crime.
tl;dr version: THE CRIME IS WORSE THAN THE COVER-UP.
Standing Eagle
PS. I don’t agree that resignation is the only remedy for these deans. I think that’s somewhat extreme. I might be persuaded otherwise, but not on the basis of the spring cover-up.
4/4/2024 12:41 pm
Consider me late to the discussion and apologies if this has already been touched on, but I’m curious to know the who/what/when/where as to the genesis of the search in the first place? Assuming it was someone in the administration who took the idea to Hammonds, Smith et. al, who made the suggestion?
4/4/2024 1:14 pm
Crime vs Cover-up dichotomy is a false one, SE. Hammonds lied, or she misled, or was shify. It’s all conduct unbecoming of the Dean of Harvard College. Like a minister in government, she has lost trust, and should resign. What’s hard to understand about that? This is political as much as it is ‘legal.’
4/4/2024 1:48 pm
And in fact, SE, if you read my comment to your earlier post, I said exactly the opposite of what you predicted I would say.
As to the question of mendacity: SE, your’e an intelligent guy. For the scenario you suggest to be true, about a million things have to fall into place in a very particular way, and you have to give EH the benefit of the doubt on every one of them. For example: The idea that she consulted a lawyer, on her own, about a second, deeper search—and then somehow miraculously forgot that. Or that she believed that she told Sharon Howell of any search in a timely manner and thus put her name to a document affirming this alleged fact—only to be reminded by Sharon Howell that this was not true.
It seems, SE, that you don’t want to believe that EH was lying, which is certainly an admirable instinct. But I think it’s causing you to reject logic in favor of optimism.
As to resignation-perhaps Hammond’s exit will be done in a Harvard sort of way, where the report from the lawyer comes out over July 4th weekend and Hammond takes the opportunity to say that she’s burned-out and wants to return to scholarship and that book she hasn’t had time to write. But how could anyone on the faculty or in the administration trust her? And at least as important, how can Harvard retain such a publicly discredit figure in such an important job? What sort of message does that send to the students? I know the students are sometimes the constituency of least importance at Harvard, but surely someone in the 02138 area code must think, How can we expect integrity from our students when we do not demand it of our deans?
4/4/2024 1:48 pm
Sorry, “discredited,” not “discredit.”
4/4/2024 1:51 pm
Also, SE, unless I’m mistaken, there’s some odd anti-journalist subtext to your comments—”the scandal…is not about misleading journalists.” No one said it was; who cares about what journalists think? I didn’t even realize that issue was on anyone’s radar. The people who should care about being lied to are Harvard’s faculty, deans and students. And the president of Harvard, who has lost power and prestige because of Hammonds. Or do you think she likes having to hire an outside law firm to save Harvard’s ass?
4/4/2024 2:13 pm
This post fixates on the lying instead of the secret search, and calls for EH’s resignation because she is a liar (not because she violated the policy). That’s what I predicted. I was glad to see your comment but you seem to have forgotten what it said.
I see, fundamentally, no motive for Hammonds to inject falsehoods on purpose into the initial statement. If someone could explain why she’d admit to the lion’s share of the crime, and to violating the policy, and then purposely lie about these side issues, they’ll have a chance of persuading me. No one has done so.
I stand by my claim that the errors in the initial statement were the result of miscommunication between Smith and Hammonds, and Hammonds’ own inattention to what went out over her name. The tell on this was when the Secretary of the Board, in the pages of the Globe, directly contradicted her statement about the Howell notification. If Hammonds had been lying on purpose she would have gotten her story straight with her direct report before he spoke to the press.
The password this spring has been ‘disarray,’ not ‘mendacity’ or even ‘shifty disingenuousness.’ The true scandal was in the fall.
Hammonds is now humiliated, it’s true, by the inaccuracies in the original statement. But that was not corruption, just ineptitude.
Also, I stand by my claim that journalists since Watergate fixate on transparency failings disproportionately, instead of substantive ones. This is why they obsessed over Whitewater but spend little investigative energy on frankly admitted American war crimes of torture. A freely confessed crime leaves a journalist nothing to do, no value to add.
How many people today know that Iran-Contra was about the executive branch directly flouting an act of Congress? Everyone thinks it was about North shredding documents, without recalling that the documents reflected a constitutional crisis.
If there are any facts we can go over again so I can persuade you you’re wrong about the “lying,” let me know. Otherwise we’ll wait for the report.
4/4/2024 2:18 pm
Indeed — how did you decide North was ‘rogue’ rather than doing what he was told by the President in defiance of Congress?
4/4/2024 2:23 pm
Then we’ll have to wait for the report.
But here’s where I more fundamentally disagree with you: If the deans violated the policy, that is a serious issue, but if they did so because they just got it wrong, it’s not *that* serious an issue. People are human; they make mistakes.
But if you have a dean who is deliberately violating the policy and then trying to be dishonest about it—or even unintentionally violating the policy and then lying about it— that is someone who should not be in a leadership position at Harvard College. I’m not a Puritan about these things, but leaders of young people, particularly young people who are likely to grow up to be rich and powerful, should not tell lies to protect their own self-interest. I think that’s a conservative statement, and I don’t mean that in the political sense.
4/4/2024 2:25 pm
Anon 12:41, you can search this blog for prior posts that provide background. As to who took the idea of e-spionage to Smith and Hammonds, I don’t think the answer to that is publicly known. Maybe they thought of it themselves? Maybe it wasn’t the first time they’d searched people’s email…
4/4/2024 2:27 pm
SE—Re North, I didn’t decide, I was really presenting in that form for the sake of argument. Are you implying that Drew Faust ordered Smith/Hammond to commit e-spionage?
In any case, I would be happy if today’s students remembered Iran-contra well enough to have any opinion on it, which I expect about 99% of them don’t.
4/4/2024 2:32 pm
The second, deeper search, by the way, was not on the table for purposes of the initial statement, since it did not violate the notification policy. The single resident dean involved knew soon after that his/her email had been searched (though perhaps not to what extent). And Smith didn’t know to ask Hammonds about it before writing the statement; if he had known about it he would have disclosed it anyway (since it didn’t add substantively to the scandal).
Hammonds was just not paying attention to Smith’s goals in issuing the statement. This was very poor work on her part.
4/4/2024 2:34 pm
But the “lies” you’re pointing to didn’t cover up any significant part of the scandal. They were useless for purposes of self-protection.
4/4/2024 2:37 pm
My point about North was that the journalistic fixation on cover-ups distorts the collective awareness and distracts from the substance of the underlying scandals. Iran-Contra should have been about REAGAN, but the coverage fetishized the cover-up.
4/4/2024 3:01 pm
You speak of Hammonds as if she were Jerry Lewis or Peter Sellars—a little clumsy, perhaps, but ultimately sort of a harmless fop. I don’t think such people rise to high levels in the Harvard administration.
Let’s not re-litigate a quarter-century year-old scandal here, but I do remember that the culmination of Iran-contra was a televised mea culpa by Ronald Reagan in which he had to defend himself from suggestions that Ollie North was simply acting under orders…
4/4/2024 3:02 pm
However, I will acknowledge that to the extent the coverage focused on Fawn Hall, there certainly was a lot of fetishizing going on… Those boots!
4/4/2024 4:02 pm
Richard, of all the people you know on the planet, I might be THE individual who is least likely to entertain the notion that ineptitude is harmless.
Also,
Please recall the main point: the TRUE harm here was in the illicit searches. Nothing I am saying excuses them for a second.
4/4/2024 4:30 pm
Richard,
You have nailed this one right on the head with this post and subsequent comments. This is an Iran-Contra of serious proportions… mostly because it is not a single episode of a lone Dean.
Truth may be known one day, who knows, perhaps by a disillusioned CIO who makes public what was really going on, or by a chief of staff who writes her memoirs, or maybe just someone who talks a little too much after a few drinks at a party… or maybe just a cyber attack exposing the extent of e-spionage at Harvard.
Those who think they live above the rules of all other mortals should do well to remember that they can’t fool everyone all the time.
Good luck to EH and to those who have endorsed and shared her practices of looking into the private lives of faculty and staff as a way to control them.
4/4/2024 4:39 pm
Whenever any user of a Harvard email account accesses it, the computer system records who accessed it and for how long. This log is a record of all email usage, it is archived and is a permanent record that is stored in all computer systems in the University for several years.
Some users have ‘privileged acces’, meaning they can access email accounts of which they are not the owners. They don’t need to type in a password to access those accounts, just highlight the username of the account they want to read, and click on it. A log is also kept of those accesses.
Five lines of computer code can instruct the computer system to count how many times users with privileged access did access email accounts, other than their own.
The Corporation should request a report with this information for every computer system that supports Harvard acounts and get the facts straight on what ‘rarely’ means. Brace for impact!
4/4/2024 4:51 pm
http://www.gwu.edu/%7Ensarchiv/NSAEBB/NSAEBB365/index.htm
Reagan’s substantive culpability is forgotten because we focus on the way the story got investigated.
4/4/2024 4:59 pm
http://www.hulu.com/watch/4174
4/5/2024 7:26 am
The Crimson is not distracted by a whiff of squirrel and tiny pawprints diverging from the trail of elk scent:
http://www.thecrimson.com/article/2013/4/5/faculty_react_second_search/
4/5/2024 8:32 am
Would be good to have Harry Lewis’s take on Hammonds’s confession… perhaps he feels it unseemly for a onetime Harvard College dean to comment on a successor in this way.
4/5/2024 8:37 am
They won’t fire EH b/c she’s a double-minority — bad PR.
Smith won’t get fired b/c he’s too careful for that: he surely has his ass covered six ways to Sunday. I’d bet that he personally supervised both searches and is now letting EH hang for it (by, e.g., letting here ‘omit’ to mention the second search in her confession re: the first.)
4/5/2024 8:48 am
SE, think how disappointed you would be if all the press spoke in the same voice!
4/5/2024 9:17 am
Would have been interesting to have seen how Jeremy, Henry 1 and Henry 2, and Larry would have handled this.
4/6/2024 8:43 am
Sorry to come late to this. One small thing that troubled me was the way Hammonds used a reference to her 10-year-old son as a testimony to the sincerity of her apology. She said in makiing the public apology that she was “modeling” the correct behavior for him. Did she tell her son what she did? Did she let him read the text of her remarks either before she read them or afterward? I’ve never cared much for that type of rhetoric.
4/7/2024 6:48 am
It troubled me too, JR.