SMRs and AMRs

Thursday, November 15, 2007

Where Are the E-mails?

By Dan Froomkin
Special to washingtonpost.com

Why is it taking White House officials so long to restore millions of deleted e-mails from the backup tapes they claim to have?

The e-mails in question date from March 2003 to October 2005 -- a crucial period that includes the Iraq invasion, a presidential election and Hurricane Katrina.

White House officials have known for more than two years that the messages were deleted -- a clear violation of presidential records-preservation statutes. But the president's aides won't explain what happened, what sort of backups they have and what they're doing about it.

That obstinacy led a federal judge to step in yesterday and order the White House to preserve every bit of related data in its possession -- just to make sure nothing untoward happens while a civil suit by two open-government groups goes forward.

Peter Baker writes in The Washington Post: "The Bush administration had opposed such an order, arguing that it is unnecessary because the White House administrative office already is preserving backup tapes in its possession. But U.S. District Judge Henry H. Kennedy Jr. was not satisfied by that assurance and issued the formal order, which carries contempt penalties if violated. . . .

"Citizens for Responsibility and Ethics in Washington [CREW], a watchdog group that has been critical of the administration, has said it was told by internal sources that the White House determined that at least 5 million and perhaps many more e-mails from that period were not saved as required by law."

Pete Yost writes for the Associated Press: "The Federal Records Act details strict standards prohibiting the destruction of government documents including electronic messages, unless first approved by the archivist of the United States. . . .

"The judge's order 'should stop any future destruction of e-mails, but the White House stopped archiving its e-mail in 2003 and we don't know if some backup tapes for those e-mails were already taped over before we went to court. It's a mystery,' said Meredith Fuchs, a lawyer for the National Security Archive."

(Continued here.)

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