First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

White House told to provide e-mail info

By The Associated Press
01.09.08

WASHINGTON — A federal magistrate yesterday ordered the White House to reveal whether copies of possibly millions of missing e-mails are stored on computer backup tapes.

The order by U.S. Magistrate Judge John Facciola comes amid an effort by the White House to scuttle two lawsuits that could force the Executive Office of the President to recover any e-mail that has disappeared from computer servers where electronic documents are automatically archived.

Two federal laws require the White House to preserve all records including e-mail.

Facciola gave the White House five business days to report whether computer backup tapes contain e-mails written between 2003 and 2005.

The time period covers the Valerie Plame affair in which at least three White House aides were found to have leaked Plame's CIA identity to the news media.

"Do the back-ups contain the e-mails said to be missing?" Facciola asked.

In a four-page order, Facciola said he needs to know "if the missing e-mails are not on those back-ups."

Facciola noted the importance of acting quickly since e-mails that might be retrievable from individual computer workstations in the White House "are increasingly likely to be deleted or overwritten with the passage of time."

White House spokesman Tony Fratto declined comment while reviewing the magistrate's order. In the past, the White House has said there could have been some e-mails that were not automatically archived because of a technical issue.

In their lawsuits, the National Security Archive and Citizens for Responsibility and Ethics in Washington suggest the e-mails were improperly deleted from White House computer servers. More than 5 million White House e-mails are missing, CREW alleges. Recently, the group said it has been told by reliable sources that the actual figure of missing e-mails is more than 10 million.

Facciola's order "is going to force the White House to actually explain something about the situation and what they've done about the missing e-mails," said Meredith Fuchs, general counsel at the National Security Archive.

In asking that the complaints be dismissed, the Bush administration says the president's record-keeping practices under the Presidential Records Act are not reviewable by the courts. Also, the Federal Records Act does not allow the far-reaching action the two private groups are demanding, the administration contends.

Two months ago, CREW obtained a court order directing the White House to preserve the backup tapes.

The Bush administration had offered to have the government file a sworn declaration stating that the White House is safeguarding all backup materials. Instead, Facciola recommended that the judge in the case, U.S. District Judge Henry Kennedy, issue a court order because "a declaration is not punishable by contempt. In other words, without such an order, destruction of the backup media would be without consequence." Kennedy did as Facciola suggested.

The subject of missing White House e-mail arose early in 2006 when the prosecutor in the Plame investigation, Special Counsel Patrick Fitzgerald, disclosed that not all electronic-message traffic of the EOP and the office of Vice President Dick Cheney "for certain time periods in 2003" was preserved through the normal archiving process.


Update
White House recycled e-mail backup tapes
Practice, which officials disclosed minutes before court-ordered deadline, may have wiped out many electronic messages from early years of Bush administration. 01.17.08

Previous
White House ordered to preserve e-mails
Federal judge directs Executive Office of the President to safeguard material in response to two lawsuits by private groups. 11.13.07

Related

Waxman seeks report on lost White House e-mail

Letter from House Democrat to presidential counsel sets deadline to turn over information about missing messages. 08.31.07

Judge rules White House visitor logs are public documents

Bush administration rebuffed in effort to keep data on guests outside scope of public-records law. 12.18.07

Federal judge won't toss White House e-mail suit
Court allows two watchdog groups to pursue their case as they press government to recover millions of possibly missing electronic messages. 11.11.08

White House ordered to preserve e-mails
U.S. magistrate says Bush administration is ignoring court instructions to search full range of locations for all electronic messages that may be missing. 01.15.09

Too much secrecy is also a threat
By Gene Policinski Keeping some government information under wraps may protect us in some ways, but it also leaves us vulnerable to hidden problems we should know about. 09.09.07

News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Friday, November 20, 2009 | 22:34:10
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Singsā„¢
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links