Topeka Capital-Journal. December 17, 2023.
Editorial: Kris Kobach made an error in judgment in relying on private email for government business
It takes just a second to switch tabs in an internet browser. The same applies to switching from one email app to another on a phone. Yet Kansas’ Attorney General Kris Kobach still opted to use his personal Gmail account to do state business.
The Topeka Capital-Journal’s Jason Alatidd reports Kobach’s Gmail account is a regular recipient of government emails from filing lawsuits to reviewing bill drafts and testimony to editing opinion pieces published in conservative media.
Kobach’s office says this was done to save time and that none of the emails included sensitive information. Maybe so, but the optics on this feel icky.
Alatidd reports the Topeka Capital-Journal obtained 940 pages worth of emails and attachments from a Kansas Open Records Act request, though many more weren’t turned over. Topics discussed via his private email largely reflect many of his top public priorities: fighting against illegal immigration, fentanyl drug trafficking, ESG in investments, policies accepting of transgender people and regulations to support prairie chickens.
It’s unknown which email address is used more — his state-issued address or his Gmail account — but it is safe to say this seems like a lapse in judgment, opting for convenience over proper procedure. And from the conversations he’s having, it feels like he’s saying the quiet part out loud and in a way he is. He likely just didn’t think he’d get caught.
The attorney general isn’t the first politician to do this, just look at former Secretary of State Hillary Clinton or former Kansas Gov. Sam Brownback. Plenty of members of the Kansas Legislature do it, too — some even emailed Kobach from their personal and state accounts to his Gmail address — and don’t seem concerned.
Rep. Kyle Hoffman, R-Coldwater, who chairs the Joint Committee on Information Technology, told The Capital-Journal, “It all depends on the what they’re using it on,” when asked how concerning it would be for a state officer to use a private email for work purposes.
It’s worth noting that the use of private email in Brownback’s administration was so rampant that the Kansas Open Records Act was amended in 2016 to make those records public.
We’re very grateful the law was changed to allow us access to these conversations. The people have a right to know what their elected officials are discussing. Furthermore, we see no reason or need for public officials to use private email addresses to conduct state business.
Using a private email address even if it can be accessed through the KORA feels like officials have something to hide.
Beyond the ethically gray nature of using a private server or email account, there are also potential security risks. Risks that are more avoidable if a state account is used.
This news comes on the heels of a recent ransomware attack on the Kansas Judicial System. Just imagine what could happen if important case information were compromised by this choice.
Kobach’s own private emails to his work emails note a security concern: “CAUTION: This email originated from outside of the Office of The Attorney General of Kansas organization,” said one such email on June 15 from Kobach’s private email to his work one. “Do not click links or open attachments unless you recognize the sender and know the content is safe.”
Perhaps this choice wasn’t as convenient as the attorney general imagined initially.
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